20120518Conditional Application.pdf

CYNTHIA A. MELILLO PLLC RECEIVED
8385 W. EMERALD STREET • BOISE, IDAHO 83704
[phone] • [e-mail] 2O2 MAY 18 PM 2 38
nio PuLi( Y7 1-TES COMMSS;.
May 18, 2012
Via Hand Delivery
Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
P.O. Box 83720 Boise, ID 83720-0074
Re: Syringa Wireless LLC: Conditional Application for Designation as an
Eligible Telecommunications Carrier
Dear Ms. Jewell:
On behalf of Syringa Wireless LLC, I am enclosing an original and seven copies of
Syringa Wireless Conditional Application for Designation as an Eligible Telecommunications
Carrier. Syringa Wireless requests this conditional designation for purposes of participating
in the Federal Communications Commission's Mobility Fund Phase 1 Auction and thus
requests that this Application be processed in an expedited manner. I have also enclosed a
copy to be date stamped and returned to me for my files.
If you have any questions or comments regarding the enclosed, or if you need any
additional information, please do not hesitate to contact me.
Sincerely,
L7PLa
Cynthia A. Melillo
CAM
Enclosures
cc: Greg Lowe (via electronic mail)
CAM to IPUC re Syringa Wireless ETC Expansion Application
CYNTHIA A. MELILLO (ISB #5819)
Cynthia A. Melillo PLLC
8385 W. Emerald Street
Boise, Idaho 83704
Telephone: [phone]
Fax: [phone]
E-mail: camcamIawidaho.com
Attorney for Syringa Wireless, LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION.
RECEIVED
291? MAY 18 PM 2:38
IDAHO PUELKI
1,71-T1ES cOMSSON
In the Matter of the Application of
SYRINGA WIRELESS, LLC FOR
CONDITIONAL DESIGNATION AS AN
ELEGIBLE TELECOMMUNICATIONS CARRIER )
FOR PARTICIPATION IN MOBILITY ) FUND PHASE 1 AUCTION )
)
Case No. V!-T- t7'-0I
SYRINGA WIRELESS
APPLICATION AND REQUEST
FOR EXPEDITED
CONSIDERATION
APPLICATION OF SYRINGA WIRELESS, LLC FOR CONDITIONAL DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS CARRIER FOR PARTICIPATION IN MOBILITY FUND
PHASE I AUCTION AND REQUEST FOR EXPEDITED CONSIDERATION
Syringa Wireless, LLC ("Syringa Wireless"), by and through its undersigned attorney, hereby
submits this Application for Conditional Designation as an Eligible Telecommunications Carrier
("ETC") in certain areas outside its existing ETC areas, pursuant to Sections
214(e)(1)-(2) of the Telecommunications Act of 1934, as amended (the Act"), 47 U.S.C. §
214(e)(1)-(2), and § 54.201 of the Federal Communications Commission's ("FCC") rules, 47 C.F.R.
§ 54.201, and this Commission's ETC Designation Requirements ("IPUC ETC Requirements").'
Syringa Wireless requests conditional ETC status in all unserved census blocks subject to the Mobility
1
See In the Matter of the Application of Vt/t'VC Holding Co., Inc. dba Cellularone Seeking Designation as an Eligible Telecommunications
Carrier That May Receive Federal Universal Service Support, Order No. 29841, Appendix pp. 1-3 (IPUC Case No. WST-T-05-1 served August 4, 2005) (hereinafter, 'IPUC ETC Requirements Order").
Syringa Wireless ETC Application for Expansion Areas - 1
Fund Phase 1 Auction (discussed below) in Adams, Boise, Elmore, Gem, Payette, Valley and
Washington Counties in Idaho (the "Expansion Areas"). Syringa Wireless requests that it be
designated as eligible to receive all available support from the federal Universal Service Fund
("USF") including, but not limited to, support for rural, insular, high cost areas and low income
customers in the Expansion Areas set forth in this Application, and that it be approved to participate
in the Lifeline program.
Syringa Wireless meets all statutory and regulatory prerequisites for ETC designation and the
public interest would be greatly served by granting this application, thereby enabling Syringa Wireless
to deploy mobile wireless infrastructure in order to provide mobile voice and broadband service to
unserved and/or under-served areas within the Expansion Areas that would benefit consumers in rural
Idaho. In support of this Application, Syringa Wireless provides the following information:
I. BACKGROUND
A.Company Overview
Syringa Wireless is a facilities-based provider of wireless voice, messaging and data services
and is currently licensed to serve the following Basic Trading Areas ("BTAs") in Idaho: BTA 202
(Idaho Falls); BTA 353 (Pocatello), and BTA 451 (Twin Falls). Pursuant to these authorizations,
Syringa Wireless provides service in the following counties: Gooding, Twin Falls, Jerome, Lincoln,
Minidoka, Cassia, Butte, Clark, Fremont, Madison, Teton, Bonneville, Jefferson, Bingham, Bannock,
Power, and Oneida. On April 1, 2012, Syringa Wireless became a wholly-owned subsidiary of
Syringa Networks, LLC ("Syringa Networks"). Syringa Networks provides wholesale
telecommunications services over a fiber optic network throughout southern Idaho. Through the
use of facilities owned or operated by Syringa Networks, along with the facilities of Syringa
Wireless, Syringa Wireless has the capability of expanding and providing services to additional
areas.
B.Previous ETC Designation
Syringa Wireless has been granted ETC status by the Idaho Public Utilities Commission for
those areas set forth in the Syringa Wireless ETC Order.2 Syringa Wireless now desires to obtain
2 .
See In the Matter of the Application of Synnga Wireless LLC for Designation as an Eligible Telecommunications Carrier Under 47 US. C.
Section 214(e) (2), Order No. 30629 (IPUC Case No. SYR-T-08-01 served August 28, 2008) (hereinafter "Syringa Wireless ETC Order")
Syringa Wireless s ETC Area in Idaho includes all of the incumbent local exchange company wire centers listed in Exhibit C-1 to its
Syringa Wireless ETC Application for Expansion Areas -2
ETC status in the Expansion Areas set forth in this Application.
C. Mobility Fund Phase I Auction
Syringa Wireless desires to obtain conditional ETC status on an expedited basis in the
Expansion Areas set forth in this Application in order to be eligible for participation in the Mobility Fund
Phase I auction at the Federal Communications Commission ("FCC"). The FCC, in its USF/ICC
Transformation Order s established the Mobility Fund, which is a universal service support system for
mobile services. Phase I of the Mobility Fund will provide up to $300 Million in support to eligible ETCs
to build infrastructure capable of delivering 3G or better broadband and voice services in unserved
census block groups in Idaho.4 The Phase I Mobility Fund Auction ("Auction 901") is scheduled to be
held on September 27, 2012.5 To the extent the Expansion Areas requested herein by Syringa
Wireless contain unserved census blocks which will be included in Auction 901, Syringa Wireless
desires to be designated an ETC in those areas in order to be eligible to participate in Auction 901.
The Expansion Areas are adjacent to areas currently served by Syringa Wireless and areas Sryinga
Wireless intends to serve in the near future, and these areas would benefit by the provision of such
services by Syringa Wireless. Syringa Wireless believes that short-form applications for Auction 901
are could be due as early as June 25, 2012. Therefore Syringa Wireless requests that this application
be processed on an expedited basis to meet the deadline set forth above.
II. SYRINGA WIRELESS MEETS THE STATUTORY AND REGULATORY REQUIREMENTS
FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER.
Syringa Wireless satisfies each of the statutory and regulatory prerequisites set forth in the
Act, the FCC Rules 8 and this Commission's ETC Requirements.7 On March 17, 2005, the FCC
released its FCC ETC Requirements Order8 establishing additional requirements for carriers seeking
Application, excepting those partial wire centers of Midvale Telephone Exchange, Inc. and Rural Telephone Company. See Syringa Wireless
ETC Order at 9.
Connect America Fund, WC Docket No. 10-90, A National Broadband Plan for Our Future, GN Docket No. 09-51, Establishing Just and
Reasonable Rates for Local Exchange Carriers, WC Docket No. 07-135, High-Cost Universal Service Support, WC Docket No. 05-337,
Developing an Unified lntercarrier Compensation Regime, CC Docket No. 01-92, Federal- State Joint Board on Universal Service, CC Docket
No. 96-45, Lifeline and Link-Up, WC Docket No. 03-109, Universal Service Re4form- Mobility, WT Docket No. 10-208, Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, rel. November 18,2011 ("USF/ICC Transformation Order")
USF/ICC Transformation Order at 11 28
Mobility Fund Phase I Auction Scheduled for September 27, 2012, Comment Sought on Competitive Bidding Procedures for Auction 901 and Certain Program Requirements, AU Docket No. 12-25, Public Notice, DA 12-121 (rei. Feb.2, 2012) ("Phase! Mobility Fund PAl")
6 47 U.S.C. § 214(e)(1)-(2), and 47 C.F.R. § 54.201
7 See IPUC Order No. 29841
8 In the Matter of Federal-State Joint Board on Universal Service, Report and Order, 20 FCC Rcd 6371 (2005) ("FCC ETC
Requirements Order")
Syringa Wireless ETC Application for Expansion Areas - 3
ETC designation before the FCC. These additional requirements, however, are not binding on state
commissions. This Commission subsequently considered whether to adopt all or some portion of the
rules promulgated by the FCC and, as previously noted, issued a set of ETC designation
requirements in Commission Order No. 29841. As shown herein and as previously determined by the
Commission in the Syringa Wireless ETC Order, Syringa Wireless meets the requirements for
designation as an ETC as established under Sections 214(e) and 254 of the Act, and the ETC
Requirements Order of the Idaho Public Utilities Commission. Specifically, Syringa Wireless (i) is a
common carrier,9 (ii) offers services that are supported by federal universal support mechanisms;10
(iii) will use its own facilities, in whole or in part, to provide the supported services;11 (iv)
will provide the supported services throughout its designated service area; 12 (v) will
advertise the availability of such services using media of general distribution ;13 (vi) will make Lifeline
service available to qualifying low-income consumers; 14 (vii) will certify that it will comply with the
service requirements applicable to the support that it receives; 15 (viii) will submit a 2-year [5-year for the
FCC] service improvement plan ;16 (ix) will remain functional in emergency situations; 17 (x) will satisfy
consumer protection and service quality standards;18 (xi) will provide local usage plans comparable to
the ILECs already operating in the proposed Expansion Areas;19 (xii) will provide notice to any affected
tribal governments or tribal regulatory authorities;20 (xiii) will comply with all applicable reporting
requirements;21 and (xiv) will take steps to limit fraud, waste and abuse of the FUSF.22
9 47 U.S.C. § 214(e)(1); 47 C.F.R. 54.201(d).
1047 U.S.C. § 214(e)(1)(A); 47 C.F.R. 54.201(d)(1) and 54.405.
1147 U.S.C. § 214(e)(1)(A); 47 C.F.R. 54.201(d)(1).
12 47 U.S.C. § 214(e)(1); 47 C.F.R. 54.201(d).
13 47 U.S.C. § 214(e)(1)(B); 47 C.F.R. 54.201(d)(2).
1447 C.F.R. § 54.405; see also In the Matter of Lifeline and Link Up Reform and Modernization, Report and Order and
Further Notice of Proposed Rulemaking, WC Docket No. 11-42, FCC 12-11, released February 6, 2012 ("Lifeline Reform
Order").
15 47 C.F.R. 54.202 (a)(1)(i).
16 47 C.F.R. 54.202 (a)(l)(ii) and IPUC ETC Requirements Order, App., at 2-3.
17 47 C.F.R. 54.202(a)(2); and IPUC ETC Requirements Order, App., at 3.
18 47 C.F.R. § 54.202(a)(3); and IPUC ETC Requirements Order, App., at 3. 19 ETC Requirements Order, App., at 3.
Id. at 2.
2 See1PUC ETC Requirements Order, App., at 3-4.
Syringa Wireless ETC Application for Expansion Areas —4
A.Syringa Wireless is a Common Carrier
Syringa Wireless is a Commercial Mobile Radio Services ("CMRS") carrier providing "mobile
service" as defined in 47 U.S.C. § 153(27) and 47 U.S.C. § 153(22), and a telecommunications carrier
as defined in 47 U.S.C. § 153(44) and 47 C.F.R. § 51.5(a), and is a telecommunications carrier for
the purposes of Part 54 of the FCC's rules. 47 U.S.C. § 54.1 et seq. Syringa Wireless, therefore, is
considered a common carrier under the Act.
B.Syringa Wireless offers the Supported Services
Syringa Wireless offers in its currently designated service area, and will offer in its Expansion
Areas, the federally designated services listed at 47 C.F.R. § 54.101(a). The services which are
supported by the federal USF program are: (1) voice grade access to the public switched telephone
network; (2) local usage; (3) dual tone multi-frequency signaling or its functional equivalent; (4)
single-party service or its functional equivalent; (5) access to emergency services; (6) access to
operator services; (7) access to interexchange service; (8) access to directory assistance; and (9) toll
limitation for qualifying low-income consumers. Syringa Wireless is a full service wireless carrier that
offers all of these services, as described in detail below, throughout its licensed service area utilizing
its own wireless network infrastructure (antenna, cell-sites, towers, trunking, mobile switching, and
interconnection) as well as the infrastructure of Syringa Networks and its member companies
through leases and other agreements.
1.Voice Grade Access to the Public Switched Telephone Network.
Syringa Wireless meets this requirement through its provision of mobile voice communications
service and interconnection to the public switched telephone network.
2.Local Usage.
Syringa Wireless' rate plans provide local usage consistent with Section 54.101 (a)(2) of the
FCC's Rules. Syringa Wireless' rate plans as well as the relevant ILEC local usage rate plans are on
See Lifeline Reform Order.
Syringa Wireless ETC Application for Expansion Areas - 5
file with the Commission.
One of the distinct advantages to the Syringa Wireless rate plans is that Syringa Wireless
provides significantly wide local calling areas. Whereas the relevant ILEC local calling areas are
primarily limited to their local exchange boundaries and extended service area boundaries, Syringa
Wireless' local calling area includes most of Southeastern Idaho.
Second, Syringa Wireless provides unlimited, toll-free service for 911 emergency calls and for
611 customer care. Syringa Wireless also provides toll-free 511 road reports to the Idaho Department
of Transportation, 711 calls to TRS/TTY operators and 211 calls to social service agencies, as well as
811 "Digline of Idaho" service for local utilities.
3.Dual-Tone, Multi-Frequency Signaling or its Functional Equivalent.
Pursuant to § 54.101(a)(3) of the FCC's Rules, an ETC must provide dual tone multi-
frequency ("DTMF") signaling to facilitate the transportation of signaling throughout its network.
Syringa Wireless currently provides DTMF signaling consistent with the FCC's Rules.
4.Single-Party Service or its Functional Equivalent.
"Single-party service" means that only one party will be served by a subscriber loop or access
line in contrast to a multi-party line. Syringa Wireless provides single-party service, as required by 47
C.F.R. § 54.101(a)(4).
5.Access to Emergency Services and Ability to Remain Functional
in Emergency Situations.
The ability to reach a public emergency service provider by dialing 911 is a required service in
any Universal Service offering. Access to emergency services includes both access to 911 and E911
services to the extent the local government has implemented such services.23 Syringa Wireless meets
this requirement by providing 911 service and meeting all requests for E91 I service from local public
service answering points ("PSAPs").
2347 C.F.R. 54.101(a).
Syringa Wireless ETC Application for Expansion Areas -6
Consistent with the IPUC ETC Requirements Order at Appendix p.3, Syringa Wireless also
has the ability to remain functional in emergency situations, as more particularly set forth in Syringa
Wireless annual ETC recertification report ("Syringa Wireless Annual ETC Report") on file with the
Commission.
6.Access to Operator Services.
Access to operator services is defined as any automatic or live assistance provided to a
consumer to arrange for the billing or completion, or both, of a telephone call. 14 Syringa Wireless
provides customer access to operator services. Customers can reach operator services in the
traditional manner by dialing "0", in compliance with § 54.101 (a)(6) of the Federal Rules.
7.Access to lnterexchange Service.
A universal service provider must offer consumers access to interexchange service to make
and receive toll or interexchange calls. Syringa Wireless presently meets this requirement by
providing all of its post-paid customers with the ability to make and receive interexchange or toll calls
through direct interconnection arrangements Syringa Wireless has with several interexchange
carriers ("lXCs").
8.Access to Directory Assistance.
The ability to place a call to directory assistance is a required service offering .25 Subscribers to
Syringa Wireless' services are able to dial "411" to reach directory assistance from their mobile
phones.
9.Toll Limitation for Qualifying Low Income Consumers.
An ETC must offer either "toll control" or "toll blocking" services to qualifying Lifeline customers
at no charge. The FCC no longer requires an ETC to provide both services as part of the toll limitation
service required under 47 C.F.R. § 54.101(a)(9).26 In particular, all ETCs must provide toll blocking
24 Joint Board on Universal Service, First Report and Order, 12 FCC Rcd 8776, 8817-18 (1997) ("First Report and
Order")
25 Id., at 8821.
26 See Universal Service Fourth Order on Reconsideration in CC Docket No 96-45 Report and Order in CC Docket Nos 96-45 96262
Syringa Wireless ETC Application for Expansion Areas - 7
which allows customers to block the completion of outgoing toll calls.27
Syringa Wireless has the capability and if requested provides toll blocking for its current
Lifeline customers. In addition to unlimited long distance calling at no extra charge, Syringa Wireless'
post-paid customers will have the ability to block roaming and international dialing, all of which will
allow customers to avoid unexpected charges.
In addition, once it receives its ETC designation, Syringa Wireless will promote its Lifeline
Services through traditional media avenues such as newsprint, radio advertisements and media
flyers. In addition to these methods, Syringa Wireless will develop an information sheet that explains
the program and directs interested parties to the proper agencies to assist with the program
qualification process.
C.Advertising Availability of Universal Services.
Pursuant to § 54.201 of the FCC's rules, 47 C.F.R. § 54.201, Syringa Wireless currently
advertises the availability of each of the supported services detailed above, throughout its licensed
service area, by media of general distribution, and will expand its advertising in the Expansion Areas.
The methods of advertising utilized may include newspaper, magazine, radio, direct mailings, public
exhibits and displays, bill inserts, and telephone directory advertising.
D.Commitment To Consumer Protection
Consistent with the IPUC ETC Requirements Order at Appendix A, p.3, Syringa Wireless
complies with all applicable service quality standards and consumer protection rules, and will abide
by the consumer protection standards established by the CTIA Consumer Code as set forth in
Syringa Wireless Annual ETC Report on file with the Commission.
E.Tribal Notification
The IPUC ETC Requirements order at Appendix A p2, requires an ETC applicant seeking
94-1, 91-213, 95-72, 13 FCC Red 5318 (1997). 27 First Report and Order, at 8821-22.
Syringa Wireless ETC Application for Expansion Areas - 8
ETC designation for any part of tribal lands to provide a copy of its application to the affected tribal
government or tribal regulatory authority, as applicable, at the time it files its application with the
Commission. Syringa Wireless is not seeking ETC designation for any additional tribal lands in
connection with this Application.
Syringa Wireless currently provides service to portions of the Fort Hall Reservation and offers
Tribal Lifeline service to qualified residents of the Fort Hall Reservation.
Syringa Wireless has demonstrated and the Commission has determined 28 that it meets
the requirements to be designated an ETC. In addition to the above requirements, Syringa's
designation as an ETC in connection with this Application would serve the public interest.29
III. GRANT OF THIS APPLICATION SERVES THE PUBLIC INTEREST
Syringa Wireless set forth the public interest analysis in its Application on file with the
Commission.3° The Commission found that Syringa Wireless met all the federal and state requirements
to be granted ETC designation in certain rural wire centers.31 The Commission found Syringa Wireless
did not meet the public interest standard only in the partial wire centers of Midvale Telephone
Exchange, Inc. and Rural Telephone Company because the areas initially requested in the Original
Application represented only partial service areas of the incumbent provider, and thus the possibility of
cream-skimming.32 For areas subject to Auction 901, cream-skimming would not likely be a major
consideration as they are unserved census blocks and thus Syringa Wireless could not be taking the
low-cost/high revenue service areas of another provider. In addition to the reasons set forth in the
Original Application, granting Syringa Wireless ETC status in the Expansion Areas set forth herein will
allow Syringa Wireless to participate in Auction 901, and bid to serve unserved or under-served areas
of Idaho and to provide those areas with access to 3G or better mobile wireless services.
28 Syringa Wireless ETC Order at p. 9 29 47 C.F.R. 54.207(c) and IPUC ETC Requirements Order.
30 1n the Matter of the Application of Syringa Wireless, LLC for Designation as an Eligible Telecommunications Carrier
Pursuant to the Telecommunications Act of 1996 (Rural and Non-Rural Areas), Case No. SYR-T-08-01. ("Original
Application")
31 Syringa Wireless ETC Order at p. 9
32 1d.
Syringa Wireless ETC Application for Expansion Areas - 9
For all the above reasons, the public interest would be served by the conditional designation of Syringa
Wireless as an ETC throughout its requested Expansion Area.
IV.LEGAL AUTHORITY
The Commission has the legal authority to grant the relief requested by Syringa Wireless
pursuant to 47 U.S.C. § 214(e)(2); 47 C.F.R. § 54.201; see also, IPUC ETC Requirements Order.
V.RELIEF REQUESTED
For the reasons set forth above, and pursuant to Section 214(e)(2) of the Act, Syringa Wireless
requests that the Commission enter an Order designating Syringa Wireless as an ETC eligible for
federal universal service funding for the Expansion Areas conditioned upon Syringa Wireless winning
support from Auction 901; and that the Commission process this Application under Modified Procedure
and enter its Order at the earliest possible date.
RESPECTFULLY SUBMITTED this 18 " day of May, 2012.
Cynthia A. Melillo PLLC
BY: a
Cynthia A. Melillo
Attorney for Syringa Wireless, LLC
Syringa Wireless ETC Application for Expansion Areas - 10