20101217Prehearing Brief.pdf

[phone]
[phone] (Fax)
Via Hand Delivery
Jean Jewell, Secreta
Idaho Public Utities Commssion
472 W. Washigton St.
Boise, Idaho 83720
Re: TFW- T -09-01
Dear Ms. Jewell:
McDevitt & Miller LLP
Lawyers
420 W. Bannock Street
P.O. Box 2564-83701
Boise, Idaho 83702
December 17, 2010
Enclosed for fig in the above matter, please fid an orial and seven copies ofTraefone
Wireless, Inc.'s Preheatg Brief.
Kidly retu a fie staped copy to me.
DJM/hh
End
Very Truy Yours,
McDevitt & Mier ll
~~
Chas. F. McDevitt
Dean J. (Joe) Miler
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Dean J. Miler (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
joe(fmcdevitt -miller. com
R,ECF~ ~,!
OHiin D,rf\ I 7l. .; .iCL. PH 1: 20
Mitchell Brecher
Mitchell F. Brecher (admitted pro hac vic- DCB No. 210781)
Debra McGuire Mercer
GREENBERG TRAURIG, LLP
2101 L Street, NW
Suite 1000
Washington, DC 20037
Tel: [phone]
Fax: [phone]
brecherm(fgtlaw.com
Attorneyfor TracFone Wireless, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF TRACFONE WIRELESS, INC. FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRER.
) CASE NO. TFW-T-09-01
)
) TRACFONE WIRELESS, INC.'s
) PREHEARING BRIEF
)
)
)
TracFone Wireless, Inc. ("TracFone"), by its undersigned counsel, hereby fies its
prehearing brief in accordance with the Commission's Order issued November 24, 2010. This
case concerns TracFone's Application, filed pursuant to Section 214(e)(2) of the
Communications Act of 1934, as amended (47 U.S.C. § 214(e)(2)), for designation as an Eligible
Telecommunications Carer ("ETC") for the limited purpose of offering Lifeline service, under
PREHEARING BRIEF - 1 DECEMBER 17,2010
the trade name SafeLink WirelessQl, to qualified low-income Idaho households. TracFone wil
not seek access to funds from the federal Universal Serice Fund ("USF") for the purose of
providing service to high-cost areas.1 As demonstrated in TracFone's ETC Application and in
this Prehearng Brief, TracFone meets all the statutory and regulatory requirements for
designation as an ETC in the State of Idaho? Moreover, there are no issues that require the
Commission to conduct a hearng on the ETC Application. Therefore, TracFone respectfully
requests that the Commission continue its review or TracFone's application and that it promptly
grant its ETC Application so that TracFone may provide Lifeline service to low- income Idaho
households at the earliest practicable time.
PROCEDURAL HISTORY
On October 29, 2009, TracFone fied an ETC Application with the Commission solely
for the purpose of providing Lifeline service to eligible low-income consumers in Idaho. On
Februar 5, 2010, the Commission issued Order No. 30996 denying the ETC Application
without prejudice. On March 1,2010, TracFone filed a First Amended ETC Application, which
addressed the deficiencies that were noted by the Commission in Order No. 30996. In paricular,
this First Amended ETC Application provided TracFone's contact information, agent of service
information, certificate of authority from the Idaho Secretary of State, and a certificate of good
standing from the Idaho Secretary of State. TracFone's First Amended Application also updated
1 Given that TracFone only seeks Lifeline support from the low-income program and does not
seek any high-cost support, ETC certification requirements for the high-cost program are not
applicable to TracFone.2 See In the Matter of the Application of WWC Holding Co., Inc. DBA Cellular-One(ß Seeking
Designation as an Eligible Telecommuncations Carrer That May Receive Federal Universal
Serice Support, Order No. 29841, Case No. WST-T-05-1 (Idaho Pub. Utilities Comm'n:
August 4, 2005) ("Idaho ETC Order"). ETC designation, certification and reporting
requirements are contained in the Appendix to the Idaho ETC Order, referenced as "ETC
Checklist" in this Prehearng Brief.
PREHEARING BRIEF - 2 DECEMBER 17,2010
certain information that was in its initial ETC Application and provided more specific
information about its Lifeline offering. Simultaneously with the filing of the First Amended
ETC Application, TracFone submitted a Petition for Reconsideration of Order No. 30996 in an
effort to expedite resolution of its request for designation as an ETC. TracFone later submitted a
letter withdrawing its Petition for Reconsideration and expressing its support for a process that
would facilitate a Staff review and recommendation regarding its Amended Application within
60 days.
During the course of this case, the Commission granted petitions to intervene fied by
CTC Telecom, Inc. dba Snake River PCS ("CTC") and Idaho Telecom Allance ("ITA")
(collectively, "Interenors"). Both Intervenors claimed to have a direct and substantial interest
in this proceeding in that they do not believe that designation of TracFone as an ETC is in the
public interest. 3 However, neither Intervenor raised any specific basis as to how designation of
TracFone as an ETC would not be in the public interest. Neither has either intervenor asserted
that TracFone does not comply with any applicable federal or state requirement governng ETC
designation or provision of Universal Serice Fund-supported service.
TracFone also responded to a Production Request from the Commission Staff. On
August 13,2010, TracFone fied a Notice of Expanded Lifeline Offerng, in which it notified the
Commission of the Lifeline options available to qualifyng Idaho households. On November 15,
2010, the paries and Commission Staff paricipated in a scheduling conference at the
Commission's offce. Consistent with the paries' agreement, the Commission issued an Order
on November 24, 2010, in which the Commission required an identification of specific issues
3 See Motion to Intervene Out of Time and Petition to Interene of CTC Telecom, INC. DBA
Snake River PCS, May 14, 2010, at 2; Motion to Intervene and Petition to Intervene of Idaho
Telecom Allance, May 14,2010, at 2.
PREHEARING BRIEF - 3 DECEMBER 17, 2010
through the filing of prehearng briefs. The November 24, 2010 Order contemplates that the
Commission wil issue a ruling outlining the relevant issues in this case. The Commission has
not yet determined whether a hearng wil be necessary for it to deterine whether to grant
TracFone's request to be designated as an ETC.
BACKGROUND
TracFone is a provider of Commercial Mobile Radio Services ("CMRS"). TracFone is
incorporated under the laws of the State of Delaware and its corporate headquarers are located
in Miami, Florida. With more than seventeen milion customers throughout the United States,
TracFone is the nation's fift largest CMRS provider based on number of customers, and is the
nation's leading provider of prepaid CMRS services.4 TracFone differs from other CMRS
providers with which the Commission may be familiar in two important respects. First,
TracFone does not own, operate, control or manage any telecommunications facilities anywhere.
It holds no wireless licenses from the Federal Communications Commission ("FCC"), it operates
no switches, cell towers or other transmission facilities. It provides service by resellng services
that it procures from facilities-based underlying carers. In short, TracFone is a wireless reseller
(wireless resellers sometimes are referred to as "Mobile Virtal Network Operators" or
"MVNOs").
Second, TracFone provides only prepaid services. TracFone offers no post-paid or biled
services. TracFone customers do not sign serice contracts and do not receive monthly invoices
4 Of those customers, approximately 3.2 milion are SafeLink WirelessQl Lifeline customers in
the 35 states where TracFone has, to date, been designated as an ETC.
PREHEARING BRIEF - 4 DECEMBER 17,2010
for service.
5 There are no service term or volume commitments, no credit checks, no overage
charges, no early termination fees, and no risk of disconnection for non-payment. Consumers
purchase as much wireless airtime as they need when they need it. TracFone services can be
purchased on a prepaid basis at numerous retail locations throughout Idaho (e.g., Kroger, Rent-A
Center, Rite-Aid, Walmar, and others) or from TracFone directly through its website
(www.tracfone.com).
Because TracFone's pay-as-you-go service is especially suitable for economically
disadvantaged consumers, consumers with poor credit histories, transients, recent immigrants,
senior citizens getting by on fixed incomes, younger persons, etc., TracFone has long believed
that it could be an effective provider of Lifeline-supported services. In 2004, TracFone
commenced its efforts to become a Lifeline provider by petitioning the Federal Communications
Commission ("FCC") to exercise its statutory authority to forbear from application or
enforcement of those provisions of the Communications Act and the FCC's rules which require
ETCs to provide services supported by the federal Universal Service Fund at least in par using
their own facilities. In September 2005, the FCC exercised its statutory authority to forbear from
those provisions of the Communications Act and the FCC's rules which require ETCs to offer
service, at least in par, using their own facilities.6 In 2008, the FCC designated TracFone as a
Lifeline-only ETC in eleven jursdictions for which the FCC, rather than state commissions,
5 While TracFone's non-Lifeline service is prepaid, its Lifeline service is a non-paid or free
service.
6 Petition of TracFone Wireless, Inc. for Forbearance from 47 U.S.C. § 214(e)(l)(A) and 47
C.F.R. § 54.201 (i), 20 FCC Rcd 15095 (2005) ("FCC Forbearance Order"). The FCC's
Forbearance Order is binding on all State commissions, including this Commission. Section
lO(e) of the Communications Act (47 U.S.C. § 10(e)) states as follows: "A State commission
may not continue to apply or enforce any provision of this Act that the (Federal
Communications) Commission has determined to forbear from applying under subsection (a)."
PREHEARING BRIEF - 5 DECEMBER 17,2010
retained authority to designate ETCs.7 Since that time, TracFone has been designated as an ETC
to provide Lifeline service by no fewer 23 state commissions.8
Having been designated as an ETC in 35 states, TracFone now is providing SafeLink
WirelessQì in about 31 states and plans to commence service shortly in the other states where it
has been designated as an ETC. SafeLink WirelessQì meets all of the requirements for Lifeline
service. However, it is very different from "traditional" Lifeline services offered by incumbent
local exchange carer ETCs. SafeLink WirelessQì is a free service. Qualified customers receive
at no charge E911-compliant wireless handsets. No other ETC operating in Idaho provides free
telephones -- wireline or wireless -- to its Lifeline customers.
Upon designation as an ETC by the Commission, TracFone's SafeLink WirelessQì
Lifeline customers in Idaho, like TracFone's Lifeline customers in all states, wil have the option
of choosing from thee Lifeline plans:
1) 250 free minutes each month, which do not car over to the next month if
unused, with texting available at a rate of one text per minute of airtime; or
2) 125 free minutes each month, which car over to the following month if unused,
with texting available at a rate of one text per minute of airtime; or
7 In the Matter of Federal-State Joint Board on Universal Service: TracFone Wireless, Inc.
Petition for Designation as an Eligible Telecommunications Carer in the State of New York, et
aI, 23 FCC Rcd 6206 (2008). The FCC has designated TracFone as an ETC in Alabama,
Connecticut, Delaware, Massachusetts, New Hampshire, New York, North Carolina,
Pennsylvania, Tennessee, Virginia and the Distrct of Columbia. Pursuant to Section 214(e)(6)
of the Communications Act (47 U.S.C. § 214(e)(6)), the FCC is authorized to designate ETCs in
states where state commissions do not have such authority or choose not to exercise such
authority.
8 The following state commissions have designated TracFone as an ETC: Arkansas, Florida,
Georgia, Ilinois, Kansas, Kentucky, Louisiana, Maine, Marland, Michigan, Minnesota,
Mississippi, Missour, Nevada, New Jersey, Ohio, Puerto Rico, Rhode Island, South Carolina,
Texas, Utah, Washington, West Virginia, and Wisconsin.
PREHEARING BRIEF - 6 DECEMBER 17,2010
3) 68 free minutes each month, which car over to the following month if unused,
with texting available at a rate of 3 texts per each minute of airtime, plus
International Long Distance callng to over 60 destinations.
Also included at no additional charge as par of TracFone's SafeLink WirelessQì service
are important service featues, including voice mail, call waiting and caller ID. SafeLink
WirelessQì customers may purchase additional airtime at favorable rates. However, there is no
requirement that they do so; nor are overage charges imposed on consumers to who exceed their
allotment of free airtime. Most importantly, SafeLink WirelessQì is achieving the goals of the
federal universal service program. Those statutory goals include making available to consumers
in all regions of the United States, including rual and low-income consumers, affordable
telecommunications services.9 To date, TracFone has enrolled more than thee milion low-
income customers in its Lifeline program and, by doing so, has materally increased paricipation
in Lifeline and made the securty, convenience and public safety benefits of wireless
telecommunications available to millons of Amercans who, for economic reasons, previously
had been unable to paricipate in the ''wireless revolution."
ARGUMENT
I. TracFone Meets All Applicable Federal and Idaho ETC Designation Criteria.
Section 214(e)(2) of the Communications ActIO provides that State commissions shall
designate common carers that meet the requirements of paragraph (l) as ETCs. Section
214(e)(1) contains two requirements for ETC designation: Section 214(e)(l)(A) requires ETCs
to offer the services supported by Federal universal service support mechanisms using their own
947 U.S.C. § 254(b)(3).
10 47 U.S.C. § 214(e)(2).
PREHEARING BRIEF - 7 DECEMBER 17,2010
facilities or a combination of their own facilities and the resale of other carers' services.11
Section 214(e)(l)(B) requires ETCs to advertise the availability of such services and the charges
therefor using media of general distrbution.I2
As a result of the FCC Forbearance Order, the facilities-based serice requirement in
Section 214(e)(l)(A) no longer is applicable to TracFone. As described in TracFone's First
Amended ETC Application, TracFone wil aggressively advertise the availabilty of its Lifeline
service and the associated charges using media of general distribution, in accordance with the
requirements of Section 214(e)(l)(A) of the Communications Act, Section 54.201(d)(2) of the
FCC's Rules (47 C.F.R. § 54.201(d)(2)), and ETC Checklist, ir A.3.13 TracFone has successfully
marketed its SafeLink WirelessQì service in over 30 states and wil use all marketing and outreach
efforts necessar and appropriate to ensure that as many eligible consumers as possible avail
themselves of TracFone's wireless Lifeline offering in Idaho.
In addition to the ETC designation requirements codified at Section 214(e)(l)(A) and
(B), Section 54.l01(a) of the FCC's rulesI4 and ETC Checklist, ir A.2 require ETCs to provide
the following service functionalities as a condition of receiving USF support: 1) voice grade
access to the public switched network; 2) local usage; 3) dual-tone multi frequency signaling or
its functional equivalent; 4) single-party serice or its functional equivalent; 5) access to
emergency serices; 6) access to operator services; 7) access to interexchange services; 8) access
to directory assistance; and 9) toll-limitation for qualifyng low-income consumers. In its ETC
11 47 U.S.C. § 214(e)(l)(A).
1247 U.S.C. § 214(e)(l)(B).
13 See First Amended ETC Application, at 16.
1447 C.F.R. § 54.l01(a).
PREHEARING BRIEF - 8 DECEMBER 17,2010
Application, TracFone demonstrated that it wil provide each of these functionalities.I5 Neither
Staff nor the Intervenors have raised any concern regarding TracFone's ability to provide the
service fuctionalities required by federal or Idaho law.
Section 54.202 of the FCC's rules (47 C.F.R. § 54.202) and the ETC Checklist, ~ B also
contain additional requirements. As demonstrated in the First Amended ETC Application,
TracFone complies with all applicable requirements. TracFone has the ability to provide Lifeline
service on a timely basis to all requesting customers within TracFone's service area as required
by FCC Rule 54.202(a) and ETC Checklist, ~ B. l.a. TracFone currently provides service in
Idaho by resellng service which it obtains from underlying facilities-based providers. Therefore,
TracFone wil be able to commence offering its Lifeline service to all locations served by any of
its underlying carers very soon after receiving approval from the Idaho Public Utilities
Commission since it already serves those areas.I6 TracFone's service area is limited by the
network coverage of its underlying carers. Thus, there would not be a situation in which a
potential customer is within TracFone's service area but outside its existing network coverage.
As such, the requirement in FCC rule 54.202(b) and ETC Checklist, ~ B.1.b. that an ETC
provide service within a reasonable period of time, if the potential customer is within the
applicant's licensed service area but outside its existing network coverage is not applicable to
TracFone. Similarly, the submission of a network improvement plan required by FCC rule
54.202(a)(l)(ii) is not applicable to TracFone because it does not own, operate, or control any
networks.
TracFone has also explained that, in accordance with Section 54.202(a)(2) and ETC
Checklist, ~ B.2., it has the abilty to remain fuctional in emergency situations. TracFone
is See First Amended ETC Application, at 10-15.
16 Id. at 15.
PREHEARING BRIEF - 9 DECEMBER 17,2010
provides service in Idaho by resellng services of underlying wireless network carrers, including
AT&T Mobility, T-Mobile, and Verzon Wireless. Therefore, TracFone does not have control
over those network operators' back-up power and traffc management. However, those network
operators have implemented state-of-the-art network reliability standards and TracFone and its
customers benefit from their high standards. Throughout its ten years of existence, TracFone's
service reliability has compared favorably with that of any facilities-based operator in the
wireless telecommunications industry.
17
TracFone's First Amended ETC Application supports TracFone's commitment to
consumer protection and service as required by Section 54.202(a)(3) and ETC Checklist, ir B.3.
As stated in the First Amended ETC Application, TracFone complies with the Cellular
Telecommunications and Internet Association's Consumer Code for Wireless Service.I8
Furhermore, in accordance with Section 54.202(a)(4) and ETC Checklist, ir BA., TracFone
provided a description of its local usage plan in its Notice of Expanded Lifeline Offering, filed
on August 13,2010. Section 54.202(a)(4) requires an ETC applicant to demonstrate that its local
usage plan is comparable to that offered by the incumbent local exchange carer ("ILEC") in the
service area for which the ETC applicant seeks designation. However, this Commission has
modified that requirement so that an ETC applicant is only required to submit the local usage
plan of the ILEC. Attached as Exhibit 1 is a copy of Qwests local usage plans as stated on
Qwests website at ww.qwest.com. TracFone understands that Idaho residents who qualify for
Lifeline receive a $13.50 credit on their telephone bils, but are responsible for any remaining
amount due. Unlike the traditional Lifeline plans currently available to Idaho consumers,
TracFone's Lifeline customers wil receive a specified amount of free airtime that can be used to
17 d
L, at 13-14.
18 Id., at 15-16.
PREHEARING BRIEF - 10 DECEMBER 17,2010
initiate and receive wireless callng -- local and long distance, intrastate and interstate, and
roaming -- with no charge to the customers. Based on the foregoing, TracFone's First Amended
ETC Application conforms with the requirements of Section 54.202 and ETC Checklist, ~ B.
II. Designation of TracFone as an ETC in the State of Idaho Would Serve the Public
Interest.
For those ETC applicants seeking designation in an area already served by an incumbent
ETC, Section 214(e)(2) of the Communications Act (47 U.S.C. § 214(e)(2)) provides that
"(u)pon request and consistent with the public interest, convenience, and necessity, the State
commission may, in the case of an area served by a rual telephone company, and shall, in the
case of all other areas, designate more than one common carrer as an eligible
telecommunications carer." Consistent with Section 214(e)(2), the FCC has stated: "We find
that before designating an ETC, we must make an affirmative determination that such
designation is in the public interest, regardless of whether the applicant seeks designation in an
area sered by a rual or non-rural carer.,,19
In determining when an ETC application is consistent with the public interest, this
Commission adopted the public interest standard established by the FCC. As stated in the Idaho
ETC Order:
The new FCC Rules also include a public interest standard that applies to all
competitive ETC applicants, regardless of whether they seek designation in areas
served by a rual carer. 47 C.F.R. § 54.202(c). This public interest standard
requires a cost-benefit analysis considering: (1) the benefits of increased
consumer choice; (2) the impact of the designation on the universal service fud;
and (3) the unique advantages and disadvantages of the competitor service
offering.2o
19 Federal-State Joint Board on Universal Service, 20 FCC Rcd 6371, ~ 42 (2005).
20 See Idaho ETC Order, at 5.
PREHEARING BRIEF - 11 DECEMBER 17,2010
As detailed in TracFone's First Amended ETC Application, this Commission's
designation of TracFone as ETC serves the public interest. First, designation of TracFone as an
ETC wil increase the competitive choices for low-income Idaho households. TracFone
demonstrated in its First Amended Application that while there are several wireless ETCs in
Idaho, only one of them, Syrnga Wireless, actually provides Lifeline service to low-income
Idaho households.
2 i Moreover, that ETC - the only wireless ETC that has any Lifeline
customers -- only serves approximately 1,600 Lifeline customers.
22 Furthermore, according to
FCC data, Idaho's statewide Lifeline paricipation rate is only 22.1 percent of eligible
households?3 In other words, nearly eighty percent of low income Idaho households which are
eligible to paricipate in Lifeline are not doing so. TracFone's experence operating as a
designated ETC in many other states indicates that its SafeLink WirelessQì Lifeline service is an
attractive alternative to many low-income consumers. Thus, this Commssion's designation of
TracFone as an ETC wil give low-income Idaho consumers an alternative competitive choice
for wireless Lifeline service.
Second, designation of TracFone as an ETC for the purose of receiving support only
from the Lifeline portion of the federal Universal Service Fund ("USF") wil have a negligible
impact on the USF. In fact, the FCC has considered the impact on the USF when determining
21 First Amended Application, at 22.
22 Syrnga Wireless and ClearTalk received a total of $193,116 in Lifeline support in 2008.
Assuming that the amount was spread evenly throughout the year and that the maximum Lifeline
support amount of $10.00 per customer per month was received, the companies had 1,609
customers (193,116 divided by 12, and then taking that quotient and dividing it by 10 equals
1,609).
23 See In the Matter of Lifeline and Link-Up, Report and Order and Further Notice of Proposed
Rulemaking, FCC 04-87 (April 29, 2004) Table 1.A. The Universal Administrative Company
estimates that in 2008 the paricipation rate for eligible households in Idaho was between twenty
and fifty percent (20-50%). See 2008 Paricipation Rates by State, available at
http://www . usac.org/li/ about/participation-rate- information.aspx.
PREHEARING BRIEF - 12 DECEMBER 17,2010
whether to grant TracFone's petitions for designation as an ETC?4 As noted in the FCC
Forbearance Order, "(a)ny increase in the size of the fud (associated with granting TracFone's
ETC application) would be minimal and would be outweighed by the benefit of increasing
eligible participation in the Lifeline program, furthering the statutory goal of providing access to
low-income consumers.,,25
Third, TracFone's Lifeline service offers unique advantages as compared to other
Lifeline service options. As described at page 6 of this Prehearing Brief, TracFone wil offer
thee Lifeline service options to qualified consumers. Under each of those options, a Lifeline
consumer wil receive a specified number of free airtime minutes and an E91 I-compliant handset
free of charge. TracFone offers consumers an opportnity to acquire free wireless service using
state-of-the-ar handsets and such featues as caller ID, voice mail, call waiting, text messaging,
and long distance callng without toll charges. Because TracFone's service requires no term
contracts, no minimum service periods or volume commitments, no credit checks, and no early
termination fees, the service is available to all Lifeline-eligible consumers. With all TracFone
service, including its SafeLink WirelessQì Lifeline service, usage information and remaining
balance information is stored in the handsets and is thus available to consumers on a "real-time"
basis.26
TracFone's Lifeline service is unique in that it wil be free to qualified subscribers and
wil include a free E911-compliant wireless handset. The Lifeline programs offered by other
24 In the Matter of Federal-State Joint Board on Universal Serice: TracFone Wireless, Inc.
Petition for Designation as an Eligible Telecommuncations Carer in the State of New York et
aI., 23 FCC Rcd 6206, ~ 16 n.47 (2008) (granting TracFone's ETC Petitions for Alabama,
Connecticut, Delaware, Distrct of Columbia, Massachusetts, New Hampshire, New York, North
Carolina, Pennsylvania, Tennessee, and Virginia)..
25 FCC Forbearance Order, ~ 17; see First Amended ETC Application, at 25-27.
26 First Amended ETC Application, at 23.
PREHEARING BRIEF - 13 DECEMBER 17,2010
ETCs in Idaho provide paricipating consumers with discounts below carrers' standard rates.
However, enrolled Lifeline customers stil must pay the ETC's discounted charges, plus any
additional charges incurred (including, for example, additional charges for vertical featues and
for toll calls) as well as purchase telephone equipment necessary to use those discounted
serices. In addition, unlike some ETCs in Idaho, TracFone has no activation, connection or
other service commencement charges. Given Idaho's low Lifeline paricipation rate, the
existence of only one wireless ETC that has any Lifeline customers, and the unique benefits of
TracFone's SafeLink WirelessQì Lifeline service, the public interest would be served by the
Commission's designation of TracFone as an ETC for the purose of providing Lifeline
serice?7
In addition to meeting the public interest factors, TracFone, if designated as an ETC, wil
also serve the public interest because TracFone wil paricipate in the Lifeline program as
required by the FCC's Rules and wil otherwise comply with all FCC and Commission Rules
governing universal service programs, which are designed to ensure that the public interest
standards of the Communications Act are achieved. As a national leader in wireless serices,
TracFone has done much to advance the availability of wireless service for those portions of the
population for whom wireless service is otherwise unavailable or, if available, is too costly and
requires term duration and volume commitments which are beyond the means of many
consumers.
27 Id. at 25.
PREHEARING BRIEF - 14 DECEMBER 17,2010
CONCLUSION
Based on TracFone's First Amended ETC Application, as amended by the Notice of
Expanded Lifeline Offering, and the foregoing, TracFone has demonstrated that its meets all
applicable federal and Idaho requirements for designation as an ETC and that designation of
TracFone as an ETC wil serve the public interest. Accordingly, there is no need for a hearing.
TracFone requests that the Idaho Public Utilities Commission promptly grant its application for
designation as an ETC so that it may commence provision of Lifeline service to qualified low-
income Idaho households in the ver near futue.
Respectfully submitted,~UL
Dean J. Miler (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
joe(fmcdevitt-miler .com
Mitchell F. Brecher (admitted pro
hac vice)
Debra McGuire Mercer
GREENBERG TRAURIG, LLP
2101 L Street, NW
Suite 1000
Washington, DC 2003 7
Tel: [phone]
Fax: [phone]
brechermaA gtlaw. com
Attorneys for TracFone Wireless,
Inc.
PREHEARING BRIEF - 15 DECEMBER 17,2010
CERTIFICATE OF SERVICE
I hereby cerify that I have on the 17th day of December 2010, served the foregoing
TRACFONE WIRELESS, INC.'S PREHEARING BRIEF, in Case No. TFW-T-09-01, via e-
mail to the following:
Neil Price
Deputy Attorney General
Idaho Public Utilities Commission
P.O. Box 83720
Boise, Idaho 83720-0074
N eiL.Price(fpuc.idaho. gov
Molly O'Lear
Richardson & O'Lear, PLLC
P.O. Box 7218
Boise, Idaho 83707
mollyßrichardsonandoleary.com
Cynthia A. Melilo
Givens Pursley LLP
601 N. Banock Street
P.O. Box 2720
Boise, Idaho 83701
cam(fgivenspursley.com
BY:
McDEVITT & MILLER LLP
Qwest(ß Home Phone service - phone plans with local and long distance service Page I of I
Qwest Home Phone
International Callng
Plans to call
anywhere at anytime.
Alread a Owt Customer
User Guid
le§n More
Popular features:
Basic Service Qwes~ Home Phone QwesMl Home Phone QwesMl Home Phone
Plus Unlimited
Prices range from
$12°° to $24°°$30°°$30°°$35°°
per month per month per month per month
for 12 months *for 12 months"for 12 months'
Offer not available in MT Offer not available in MT
Voice Mail, CaUer ID
Call forwarding
Learn More
New Féatures
for your Phonel Unlimited Local Calling Unlimited Local Calling Unlimited local Callng Unlimited local Calling
One Number,
One Voicemail
Choice of up to 10 calling
features
Choice of up to 10 calling
features
Choice of up to 10 callng
featureso~5 cent per m ¡nute long
Distance
Unlimited Nationwide
Calling
See iinportnt details *Resdents of MT please click her for your lOtion rate
htt://www.qwest.com/residentiaUphonelanding/12/14/2010