20110523Post-hearing Brief.pdf

[phone]
[phone] (Fax)
Via Hand Delivery
Jean Jewell Secretary
Idaho Public Utities Comnssion
472 W. Washigton St.
Boise, Idao 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
Chas. F. McDevitt
Dean J. (Joe) Miler
May 23,2011
Enclosed for fig in the above matter, please fid an orial and seven (7) copies ofTracfone
Wireless, Inco's Post Hearg Brief.
Kidly retu a fie stamped copy to me.
DJM/hh
Encl.
Very Truy Yours,
McDevitt & Mier IL
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ORIGINAL
Dean J. Miler (lSB No. 1968)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
joet§mcdevitt-miler.com
REGEivr.n'" \i """_ ,;.~J
20ll HAY 23 PH q: 23
Mitchell F. Brecher (admitted pro hac vice-DCB No. 210781)
Debra McGuire Mercer
GREENBERG TRAURIG, LLP
2101 L Street, NW
Suite 1000
Washington, DC 20037
Tel: [phone]
Fax: [phone]
brechennt§gtlaw.com
Attorneys for 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 CARRIER )
)
)
)
CASE NO. TFW-T-09-01
TRACFONE WIRELESS,
INC's POST HEARG
BRIEF
TracFone Wireless, Inc. ("TracFone"),by its attorneys, hereby submits its post-hearng
brief in accordance with the Commission's Notice of Post-Hearing Briefing Schedule, Order No.
32231, issuedApril21, 2011.
Pursuat to the Notice of Post-Hearg Briefing Schedule, the scope of the briefs is
limited to whether TracFone is legally obligated to remit certn fees pursuat to the Idaho
Emergency Communcations Act ("IECA")or the Idaho Telecommuncations Service Assistace
Program ("ITSAP"). Limitation of the briefs to these two issues seems appropriate as there can
be no dispute that TracFone has demonstrated tht it meets all Federal Communications
j l\ f /i ì ."1 , r~ r. ~ r\ it ~ , (¡ t 11 U
Commission ("FCC") and Commission requirements for designation as an Eligible
Telecommuncations Carer ("ETC") for the limted purose of providing Lifeline service to
low-income Idao consumers, and that designation of TracFone as an ETC will serve the public
interest.
I. TracFone is Not Required to Collect and Remit Fees Under the IECA and
Enforcement of IECA Requirements Is Not Within the Commission's Jurisdiction.
Although not relevant to any enumerated federal or state requirement for designation as
an ETC, the Idaho Emergency Communcations Commssion ("IECC") sent a letter to the
Commission dated May 21, 2010 in which it opposes TracFone's petition for designation as an
ETC on the sole basis that "TracFone does not collect the Emergency Communcations Fee in
support of Idao counties' 9-1-1 systems.l TracFone does not deny that it does not collect 9-1-1
fees. It does deny that the requirement to collect and remit 9- I '-1 fees is applicable to it under
curent Idaho law. Moreover, the sole basis for IECC's opposition is inconsistent with prior
statements of. IECC regarding the non-applicability of Idaho's 9-1-1 . fee. to prepaid wireless
telecommunications services such as those provided by TracFone, and disregards the fact that
TracFone representatives have been in contact with IECC since 2007 and at no time has anyone
fromIECC ever indicated to TracFone its belief that 9-1-1 fee remittce requiements are
Signficantly,IECC submitted a letter of opposition to TracFone's ETC petition but
applicable to prepaid services like those provided by TracFone.
chose not to intervene in ths proceeding or provide testImonialevidence. Had it done so, the
basis for its opposition could have been explored though discovery and cross-examnation. By
IECC's failure to paricipate, the only ariculation of its position is its May 21, 2010 letter -- a
statement which is nothing more than hearsay and the unexplained opinion of the signatory;
lLetter from Garet Nancolas, Chair, IECC, to the Commission, dated May21,201O.
2
The 9-1-1 fee remittce requirement is codified at Idaho Code § 31-4804(2). That
provision states as follows:
The fee shall be imposed on and collected from purchasers of access lines or
interconnected VoIP service lines with a service address or place of primar use
withn the county or 911 service area !! !. monthly basis by all
telecommuncations providers of such services. The fee may be listed as a
separate item on customers' monthy bils.
(emphasis added)
As indicated by the underscored words from the statute, in Idaho 911 fees are to be
collected on a monthy basis. It is axiomatic that fees can only be collected and remitted on a
monthly basis when the services upon which those fees are assessed are provided on a monthy
basis. Prepaid wireless service such as that provided by TracFone is not provided on a monthly
basis. Consumers of such services purchase quantities of service on an as-needed basis, either by
purchasing prepaid airtime cards at retal establishments (e.g., Wal-Mar~ Target, Best Buy~etc.)
or by makng service purchases on line though TracFone's Internet website
(ww.tracfone.com). Some consumers may make multiple purchases of prepaid wireless service
from TraFone in any month; other consumers may make not make any airtime purchases in a
given month. In short, prepaid wireless service, including that provided by TracFone, is offered
on a "pay-as-you.,go" basis. It is not provided on a monthy basis and statutes which impose fee
payment obligations on services provided on a monthy basis are not applicable~ indeed, canot
be applicable, to non-monthly services.
Furher, IECC's May 21, 2010 letter asserting for the first -- and only -- time its view that
TracFone is required to remit 9-1-1 fees under Idao law is contradicted by its own prior
acknowledgement that Idaho law in its curent form (not as IECC might. like Idao law someday
to be) does not cover prepaid services which are neither biled to customers nor provided on a
monthy basis. Indeed, according minutes of IECC meetings, in Febru 2010, only thee
3
months before sending its conclusory letter to the Commission, the IECC itself acknowledged
that the law governng 9-1-1 fees was not applicable to prepaid services and that fuer
legislation would be necessar.2 The need for such legislation is reflected in the following
excerpt from the IECC's minutes:
Mr. Goldsmith commented that the Commission (IECC) may want to star
looking at legislation for collecting on prepaid wireless services. The National
Telecommuncations and Information Adminstration took a surey and found
that 20% of all cell 911 calls that go into PSAPs come from prepaid services, and
those people aren't paying a 911 fee. Ths is a big sellng point for legislation. Its
not something that will be created to add to the citizens, its just picking up the
citizens that aren't contrbuting now.
Commissioner Berr asked if there were any States that have successfully passed
legislation to collect a fee on prepaid services.
Mr. Goldsmith answered yes. Tennessee has three ways to do it: collect at the
retailer, collect at the vendor, or collect both at the sametIme. Most states have
stared the movement to collect at the retail leveL. The National Association of
Counties has adopted collection at the retal leveL. Once the Commission's
Legislative Subcommittee stas to look at legislation for collection on prepaid,
Mr. Goldsmith will pull all needed information and make packets so the
Commssion will have a good pictue of what everyone is doing.
IECC's unsupported claim set fort in its May 21,2010 letter that TracFone's failure to
rernit 9-1-1 fees on its prepaid services violates the Idaho Code stads is stark contrast to its
Februar 4, 2010 acknowledgement as reflected in its meeting minutes oLthat date that
legislation is necessar to include citizens who use such. prepaid services among those required
to contrbute 9-1-1 fees. It appears that IECC' s sudden and unexpected reversal of position
regarding. the non-applicabilty of the 9-1-1 fee under Idao. law to non-biled, non-rnonthy
services such as TracFone's prepaid wireless service may resulted from a presentation to the
IECC bya Commission employee at the IECC's May 6, 2010 meeting. According to minutes of
2 The IECC meeting minutes were provided to TracFone on April 27, 2011 in response to a
public records request submitted to IECC pursuant to Idao Code § 9-338. A copy of those
meeting minutes is attched to this brief.
4
that IECC meeting (also obtaned pursuant to TracFone's public records request), Ms. Grace
Seaman advised the IECC that it is not too late to submit comments to the Commission, and that
she was concerned that there could be people who will have TracFone servces that will be able
to call 911 without having to pay for it. Ms. Seaman also advised the IECC that "(i)t is
TraFone's responsibilty to comply with the 911 fees.3 Nothing in the minutes indicates that she
provided any legal basis for her conclusion that TracFone is responsible for 911 fees.
The need for legislation to expand 9-1-1 fees to cover prepaid wireless services is not
unique to Idao. As noted in IECC's Febru 4,2010 meeting minutes, most states have stared
the movement to collect 911 fees at the retail level. There is a sound reason why those other
states have become par of that movement recognized by IECC itself -- collection of 911 fees
from customers at the point of retail sale works! In fact, it is the only method of fee collection
which assures that every user of prepaid wireless service contrbutes to support of 911 servce.
Attempts to "force fit" a statute's biled surcharge collection mechansm on non-biled
services does not work; it canot. work. With the exception of those relatively few consumers
who purchase prepaid service directly from a provider (e.g., those TracFone customers who
purchase airtime on TracFone's website), there is no moneta exchange between the consumer
and the service provider. There is; however, a moneta exchange between the consumer and the
retal vendor. That is where the opportunty lies to collect 91 i fees from prepaid wieless servce
customers. To date, no fewer than sixteen states have enacted such point-of-sale fee collection
laws with similar legislation under consideration in other states. If and when Idaho joins the
growing list of states which have enacted such laws, all consumers of prepaid wireless services
in Idaho, includngTracFone's customers, will be able to contrbute to the support of 911. Until
3 May 6, 2010 meeting minutes of
the. Idaho Emergency Communcations Commission.
5
such time as Idao's 9-1-1 fee law is amended to encompass non-monthy, non-biled services,
such as pay-as-you-go prepaid wireless services, there is no factual or legal support for the clam
that the law is applicable to prepaid wieless services. Neither does IECC's assertion support a
clai that designation of TracFone as a Lifeline-only ETC will not serve the public interest.
II. TracFone Is Not Required to Remit Surcharges to the Idaho Telecommunications
Service Assistance Program.
Idaho Code § 56-901 et seq. establishes the Idaho Telecommuncations Service
Assistance Program (ITSAP). Section 56-904(1) requires telecommuncations cariers to impose
a uniform statewide monthly surcharge on each end user's business, residential and wireless
access service. The surcharge shall be in an amount sufcient to reimburse each .carier of
residential basic local exchange service for the tota amount of telephone assistace discounts
provided as well as the carer' s and the program adminstrator's expenses of adinistering the
program. However, § 56-904(1) contains a critical quaification: "Tbesurcbarge shall be
explicitly stated on end user billngs. . .. . " (emphasis added)
The Legislatue could not have more explicitly stated that qualification. The ITSAP
surcharge shall be collected though billngs rendered by providers to end users. There areiio
bilings associated with prepaid services such as the prepaid wieless services provided by
TracFone. As noted above, such services are not biled services, Those services are purchased
in advance, most often, though thrd pary vendors. Since the legislative. command to collect the
ITSAP sllcharges is applicable only to bilings rendered to end users,. services whose charges are
not recovered through such end user bilings are not withn the ambit of the remittance
requirement codified at Idao Code § 56-904(1).
TracFone acknowledges. the possibility. that. the Legislatue may wish. to extend ITSAP
surcharges to non-biled servces such as prepaid wireless service. Prepaid services are a rapidly
6
growing segment of the Idaho telecommuncations market in general and the Idaho wireless
telecommuncations market in paricular. However, the curent law contans no requirement that
providers of such services collect ITSAP surcharges through any mechansm other than through
specifically-stated items on end user bilings. Whether to modify the ITSAP collection and
remittce requirements under Idao law so as to encompass collection of ITSAP surcharges
though means other than the end user billng process is a matter for the Legislatue, not for the
Commission.
III. Questions Regarding Application of Fees and Surcharges to Non-biled Services Are
Not Relevant to ETC Designation Proceedings.
As described in the preceding sections of ths post-hearing brief, curent Idaho law does
not require TracFone to collect and remit 9-1-1 fees or ITSAP surcharges. Moreover, questions
regarding the applicability, vel non, of such fees and surcharges to TracFone are not relevant to
the only issues before the Commission in the instat proceeding: whether TracFone complies
with all applicable federal and state . requirements governng ETC designation for the limited
purose of providing Lifeline service to low-income Idao households; and whether designation
of TracFone as an ETC for the limited purose of providing Lifeline servce to low-income
Idaho households will serve the public interest.
The record in ths proceeding demonstrates that TracFone complies with the requirements
codified at Section 214(e)(l) of the Communcations Act of 1934, as amended,4 as well as all
applicabie FCC rules and Idao requirements. It is uncontroverted that TracFone will-provide all
fuctionalities required by Section 54.101 of the FCC's rules.5 It is also undisputed that
TracFone will advertise.the availabilty of its Lifeline service using media of general distrbution,
447 U.S.C. § 214(e)(l).
547 C.F.R. § 54.101.
7
as required by Section 214( e)(1)(b ) of the Communcations Act. 6 As for the statutory
requirement that ETCs provide Universal Servce Fund-supported services, at least in par, using
their own facilties, codified at Section 214(e)(1)(A) of the Communcations Act/ the FCC has
exercised its authority pursuat to Section 10 of the Communcations Act8 to forbear from
application or enforcement of that requiement.9 The record also is undisputed that TracFone
will provide its Idaho Lifeline customers with larger calling areas than any other ETC -- wireline
or wireless -- designated as an ETC to provide Lifeline service in Idaho.
If the Commission has concerns regarding the applicabilty to TracFone ofIdaho's 9-1-1
fee and ITSAP surcharge requirements, notwithstanding the fact that, as explained in ths brief,
those statutory provisions are inapplicable to TracFone as a matter of law, then it is
recommended that the Commssion consider the applicabilty of those fees in another proceeding
outside the ETC designation process. Oter state. commissions, including commissions in the
states of Maine, Arzona, and Nevada have proceeded in that maner. In those states, thousands
of low-income households are . enjoying SafeLink Wireless(l service or will (in the case of
Arzona) soon be enjoying service, while those state commssions review the applicability of the
fee and surcharge laws in a systematic and responsible maner.
The availabilty of a free wieless Lifeline servce to Idaho's neediest low-income
households is too importt to the public interest to be deferred while the Commission considers
the applicabilty of certain fee statutes and whether legislative changes are necessar to extend
647 U.S.C. §214(e)(1)(B).
7 47U.S.C. § 214(e)(1)(A).
847 U.S.C. § 160.
9 In the Matter of Federal-State Joint Board on Universal Service; 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(2004).
8
those fee and surcharge requirements to prepaid services. Federal and state reguators in th-
seven states have concluded that designation of TracFone as an ETC and availabilty of its
SafeLink Wireless(l Lifeline service to low-income consumers in those states will serve the
public interest. As a result of those determinations, more than thee milion customers
throughout the United States already are enjoying the availabilty of Lifeline-supported wieless
telecommunications service. Idaho's low-income households are no less deserving of those
benefits than are the residents of those other thrt-seven states.
Conclusion
For the reasons described in this post-hearg brief, TracFone respectfully urges the
Commission to promptly conclude ths proceeding and designate TracFone as an ETC so that it
may commence providing wireless Lifeline services to low-income Idaho households.
ean J. Miler (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. Box 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
joet§cdevitt-miler .com
Mitchell F. Brecher (admitted pro
hac vice)
Debra McGuire Mercer
GREENBERG TRAURIG, LLP
2101 L Street, NW, Suite 1000
Washigton, DC 20037
Tel: [phone]
Fax: [phone]
brechermt§gtlaw.com
Attorneys for TracFone Wireless, Inc.
May 23, 2011
9
CERTIFICATE OF SERVICE
I herby cefy tht on the ¡~riy ofM.y, 20U, I c.us to be sered, vi the
methodes) indicated below, tre an correct copies of the foregoing document, upon:
Jean Jewell, Secretar
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise,ID 83720-0074
j jewell(ipuc.state.id. us
Neil Price, Esq.
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise,ID 83720-0074
NeiLPrice(iuc.idaho. gov
Molly O'Lear, Esq.
Richardson & O'Lear, PLLC
P.O. Box 7218
Boise, ID83707
molly(irichardsonandolear.com
CynthiaA. Melillo, Esq.
Givens Pursley LLP
601.N. Banock Street
P.O. Box 2720
Boise,ID83701
cam(igivenspursley.corr
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10
Attachments
IDAHO EMERGENCY COMMCATIONS
COMMSSION
4040 W. Guard St.
BOISE, ID 83705
--iiii~
Idaho
Eme
Comons
OFFICIA MITES
Comnswn
A meeting of the Idaho Emergency Communications Commission (ECC) was held on February 4,2010
at Gowen Field, Bldg. 600, Joint Conference Room, Boise, ID. Commission Chairman Garret Nancolas
called the meeting to order at 1: 17 p.m. A quorum was .present.
Members Present:
· GarretNancolas, Mayor, City of Caldwell, Commission Chairman
· Joe Young, Bonner County Commissioner
· Teresa Baker, Ada County Prosecutor's Offce
· Clint Berr, Qwest, Boise
· Bil Gardiner, Captain, Idaho State Police
· Dia Gainor, Chief, Idaho Bureau of Emergency Medical Services
· Troy Hagen, Ada County Paramedics
· Jim Lemm, J&R Electronics, INC., Coeurd Alene
· R. David Moore, Blackfoot Police Chief, Commission Treasurer
· Martin Knoelk, Idaho Fire Chiefs Association
· Chris Smith, Idaho Sheriffs Association
· Bil Shawver, Miltary Division
· Mitchell Toryanski, Deputy Attorney General and Ex-Offcio Member
Members Absent:
· Rich Wils,. State Representative, Commission Vice~Chairman
OthetsPresent:
· Eddie Goldsmith, E91 i Program Coordinator
· Bruce Bowler, Madison County SO
· Michele.Carreras, Manager, State Comm
· Ward Noland, BHS
· David Stonhil, Idaho NationalLaboratory
· Lorraine Elfering, Comni Manager
· Karren Wallen, Miltary Division
· Bren Bowl
· Nancy Gilsun
· Erin Hidalgo, BCSO
2
. Christine Stewar
. Carmen Boeger, Nampa
. Alesia Winner, Lewis County
. Jodi McCrosky, Qwest
. Nate Reed, Miltary Division
Approve Minutes of January 7, 2010
Chair Nancolas asked for a review of the January 7, 2010 Minutes.
MOTION: It was moved and seconded that the Commission approve the Minutes of the
January 7, 2010, Idaho Emergency Communications Commission meeting. The motion
passed.
Financial Report
Commissioner Moore presented the following financial information:
Total cash in the bank: $2,626,976
Expenses: $9,393
Operating money earned: $21,256
E911 grant revenue earned: $261,035
Commissioner Hagen moved that the commission accept the financial report.
MOTION: It was moved and seconded that the Commission approve the financial report. The
motion passed.
Chair Nancolas reported that the financial report was included in the report to the Legislature. It was
very nice to report that the Commission. is living under a budget and expended less than the budgeted
amount.
E911 Manager Report
Eddie Goldsmith reported the following:
Last month Mr. Goldsmith met with Adams County and assisted them with their RFP. It has since been
published and is on the street for bids.
Custer County has their RFP written and plan on posting it February 15.
Mr. Goldsmith attended a meeting in northern Idaho concerning equipment consolidation. Those at the
meeting were in agreement, and have started moving forward. They are working with.Qwest on several
different network options to identify cost.
Mr. Goldsmith wil assist Boise County on February 12 in developing their RFP and network.
2/4/1 0 Idaho Emergency Communications Commission Minutes
3
Bonner County is working with Verizon to identify a workable schedule for their migration to the
enhanced network.
Boundary County has issued their RFP for a new phone system. February 8 wil be their opening date
with vendor selection February 12.
Camas County is awaiting delivery of their remaining equipment.
Franklin County has completed their installation. Mr. Goldsmith has audited their GAN request and
invoice and approved them for a payout.
Teton County has signed a contract with Qwest for their enhanced 911 network. Work wil not start
unti the spring thaw because they have to do some digging.
Shoshone County now has selective router though Verizon. They have submittd their paperwork to
move to Phase II.
2010 is going to be a busy year for Mr. Goldsmith with nine counties moving from basic to enhanced.
All movement is tied to Commission grants, so Mr. Goldsmith wil be auditing requests as they come to
ensure that everything is in line with grant applications.
Mr. Goldsmith reported that there are three groups in Idaho working on statewide mapping. There is a
Statewide Public Safety Technical Working Group, the Next Generation 9 11 Program, and a Pacifc
Northwest pilot project called Virtal USA. All three groups are doing the same thing, sothey have
gotten together to see how they can pull resources to create a mapping system that everyone can use.
This wil be an ongoing project which wil be several years inthe making to identify what wil be
needed. Mr. Goldsmith wil be working with these committees to make sure that the layers of the map
that the Commission needs are created. Once all is completed, the mapping system wil go out to all the
stake holders. An issue that has come up is that.some counties have their own mapping while the 911
people in that county have their own mapping, and the two aren't working together. There wil be about
40 layers tothis map.
Mr. Goldsmith reported that in August and September he wil be working with the CommissionTreasurer on the next year's budget.
The Commission's GrantSelection Committees is going to need to start looking at the Ilextgranting
process, and have it completed by the end of May so those can go out to the counties.
Mr. Goldsmith commented that the Commission may want to start looking at legislation for collecting
on prepaid wireless services. The National Trasporttion and Information Administration took a
survey arid found that 20% of all cell 91.1 calls that go into PSAPs come from prepaid services, and
those people aren't paying a 911 fee. This is a big sellng point for legislation. It's not something thatwil be created to add to the citizens, it'sjust picking up the citizens that aren't contributing now.
Commissioner Berr asked if there were any States that have successfully passed legislation to collect a
fee on prepaid services.
2/4/1 0 Idaho Emergency Communications Commission Minutes
4
Mr. Goldsmith answered yes. Tennessee has three ways to do it: collect at the retailer, collect at the
vendor, or collect both at the same time. Most States have startd the movement to collect at the retail
leveL. The National Association of Counties has adopted collection at the retail leveL. Once the
Commission's Legislative Subcommittee starts to look at legislation for collection on prepaid, Mr.
Goldsmith wil pull all needed information and make packets so the Commission wil have a good
picture of what everybody is doing.
Mr. Goldsmith presented a document to the Commission that has a Next Generation 911 assessment tool
kit. Mr. Goldsmith wanted to make the Commission aware of what it is going to need to do prior to
moving to Next Generation. The document wil be emailed to Commission members and be available
online.
Commissioner Gardiner thanked Mr. Goldsmith for his report, and suggested that instead of listing those
counties who have adopted the surcharge, list those counties who have not adopted the fee.
Phone Bridge Presentation
Ward Noland from Idaho BHS presented the following:
During last month's meeting, there was some discussion about the cost of a phone bridge. Mr. Noland
talked about a pilot program that BHS is using, which wil hopefully become the standard messaging
system. One. feature of the system is the abilty to have a conference calL. A group can be created for
the Commission, and the Commission can use the service for its conference call needs.
Mr. Noland demonstrated the system for the Commission.
Mr. Noland reported that he boughtalarge block of time as part of the pilot program, and it won't cost
the Commission anything to use until June, and possibly after that won't cost anything.
Commissioner Moore asked that if this did cost the Commission, how much would it cost.
Mr. Noland answered thatifthis program continues, and the budget allows, after June there wil be a
yearly call block. The Commission won't be using it enough that it won't be charged, and it wil be
included in Mr. Noland's program expense.
Christine. Stewar asked if this is something that the PSAP Committee wil be able to use.as well.
Mr. Noland answered that he wil discuss that with them later.
Strategic Planning Update
Commissioner Hagen presented the following:
To recap what the Commission has done, it has reevaluated and come to a consensus on what the
Mission, Vision,. Philosophy, and Values should be. During the previous strategic planning meeting, the
Commission went over goals and tactics to achieve those outcomes.
2/4/10 Idao Emergency Communications Commission Minutes
5
Commissioner Hagen recommended that with an out-of-town meeting coming up, time be set aside in
the morning prior to the ECC meeting where the Commission can get together to discuss goals and how
to achieve those. Commissioner Hagen wil bring some information to help guide through the process,
and wil work with Mr. Goldsmith on setting aside some time for it.
PSAP Standards Committee Report
Bruce Bowler presented the following:
The PSAP website is now up and ruing. They are excited about it.
The PSAP Committe has been meeting with POST personnel. The Advanced Dispatch is no longer
called Academy, it has been changed to Advanced Dispatch Training. It didn't meet an "Academy" type
of criteria; it was advanced training, so it was changed to "Training."
There has been some discussion on the Basic Dispatch Academy possibly losing its funding. The PSAP
Committee has discussed alternatives if the program gets cut.
Commissioner Moore commented that he hasn't heard of anything getting cut at this time, and hasn't
seen that they are going to cut that far yet.
Mr. Bowler wanted to make the Commission aware that the PSAP Committee would like to do more
training in 2011 and wil be asking for more money for trining in the next budget.
Mr. Bowler discussed updating the training facilty at POST. They don't have the equipment needed to
do scenario training.
Commissioner Baker asked if it would be possible for the. PSAP Committee to show their website to theCommission.
Erin Hidalgo demonstrated the PSAPwebsite.
New Business
Future Meetings:
March 4,2010 - Blaine County SheriffEOC, 1650 Aviation Dr., Hailey, ID
April 29, 2010 -GowenField, Bldg 600
May 6, 20 I 0 - Cancelled
Chair Nancolas apologized in advance that he wil not be able to attend the April 29 meeting.
Open Comment
Chair Nancolasextended congratulations to Col. Shawver, who wil soon be General Shawver. Chair
Nancolas commented that he appreciates all that Col. Shawver has done for the Commission, Treasure
Valley, and the State of Idaho.
2/4/10 Idaho Emergency Communications Commission Minutes
6
Chair Nancolas thanked Mr. Goldsmith, Commissioners Baker, Hagen, Lemm, and Ms. Hidalgo for
their help on the annual report that was presented to the Legislature. Chair Nancolas thought that the
report was very well received. The report was very well organized, with the importnt things front and
center. One of the highlights was talking about dispatch certification that the PSAP Committee worked
on. Chair Nancolas thanked and congratulated the PSAP Committee. Chair Nancolas reported that the
Legislature was pleased by our budget, and that we live within our budget. The maps were also very
helpfuL.
Commissioner Baker passed out copies of an RS that is going out, sponsored by Kootenai County and
Representative Clark. Commissioner Baker commented that it is a proposal to create a Communications
District. The Commission should be aware of it.
Ms. Hidalgo asked if the Legislatue was surprised that there isn't any training or certification for
dispatch.
Chair Nancolas answered that he didn't remember, but that was covered quite extensively in his report.
Commissioner Baker commented thatthe Commission wil be scheduled to be in front of JLOC, and
encouraged members of the Commission, that if they have any interest, to come to that hearing.
Closed Session in Accordance with Idaho Code Sec. 672345(11)(b)
Commissioner Moore moved that the Commission enter closed session in accordance with Idaho Code
Sec. 672345(1 l)(b).
MOTION: It was moved and seconded that the Commission enter closed session in accordance
with Idaho Code Sec. 672345(11)(b).
There was a roll call vote:
Garrett Nancolas: yes
Rich Wils: absent
Joe Young: yes
Teresa Baker: yes
Clint Berr: yes
Bil Gardiner: yes
Dia Gainor: yes
Troy Hagen: yes
Jim Lemm: yes
R. David Moore: yes
Martin Knoelk: yes
Chris Smith: did not vote
Col. Bil Shawver: yes
Mitchell Toryanski: non-voting
2/4/10 Idaho Emergency Communications Commission Minutes
7
The vote was 11 "yes" and 0 "no." The motion passed.
At 3:25 pm the Commission moved backed into open session and the meeting was adjourned at
3:26.
Garret Nancolas
Mayor, City of Caldwell, Commission Chairman
Nathan Reed
Administrative Assistat
2/4/10 Idaho Emergency Communications Commission Minutes
IDAHO EMERGENCY COMMCATIONS
COMMSSION
4040 W. Gu St.
BOISE, lD 83705
~
I-E_C_C_
OFFICIAL MIES
A meing of th Ida Emgency CommJlcatns Commision (ECC) was he on May 6, 2010 at
Gon Yied, Bldg. 60, Joit Confe Rom, Boise 10. Commison CbanGat Nancolas
called the meeii to order at I :01 p.m. A quor wa pret.
Members Preset:
.Ga Nanlas Mayor. City ofcaidw~ Commssn Chairman
. Rich Wils. Sta llenve, Comisson Vice-rman
. Ter Bar, AdCounty Prors Oftce
. Clint Ber, Qwe, Bose
. R. David Mo Blakfo Poic Chief Commission Treaurer
. Marn Knoe,ldab Fir Chiefs Assiaon
. Chs Smi Ida Sheffs Asation
. Kan Maell~ Dey Atrn GeneralandEx-offcio Membe
Meinbers Absnt:
. Joe You Bomer Count Commissioner
. BUlGaer. captan. Ida Sta Polce
. Dia .Gano.ChefIdaho Bureu ofEmey Medl Sece
. Tro Haen Ad Co Paedics
. Jimm Lemm. J&R Elecrocs Inc., Coer d Alene
. Bil Shwv. Military Diision
Others Present:
. Ede Gosmh, E91 I Pram Coordinaor
. Br Bowl, Madison Couny SO
. Lorrne Elferng.. Comm Mgt. Cann County 8.0.
. War Nolad, BHS, Warings. Miche ClIerState Comm, Ma
. Jod Mcros. Qwes, Accnt Maer
. Natb.Reed ECC Administrive Assstan
. Kar Walen, Milta Division
. Angie VanVleê, Computer Ars
. Enn Hidago (via phoe bndge).. Bin County
3/4110 Ida Emerency Communition Commission Minute
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2
. Bra Couge (Via pho brdg), Koei Coy
· Lisa Wiiu (via ph brge), Le Conty
Approve Minute of February 4, 2010
Chait Naiila 8$ fora re of th Ma 4, 2010 Minues
MonON: eomm.isiODerMoore mo aud eommisioner Køoe seded tllat the
Conuissinapprcwe the Minutes oftlae Febary 4, 1010, Idaho EmencyCommuiiicns COImissiôn meeng. Th motin pased.
Financial Report
ComniissonerMoo prested the followins fianial rel1s:
Financl ReI1 fo Marcl:
Cah in Ban: $2603,798
Fee 1% eaed: $17,977
Grt fe eaed: 5261,625
Inte ea: 51.933
E91 J optinsex: 511,567
Commission Moo as that th fianal re fo Ma be ac.
MOTION: CommlsoøerSmith moved am Vichair WUls sended tht the eommision
approe the Mare fianda report The modOD passed.
Financil Repn for Apnl:
CaShin Ban: 52,706,076
Fee I%ea: $2I,3SS
Gr fe ea: 522,906
Interest ea: 52,047
E911 openg expenss: 511,226
Comisser Moor ased tha th financial re fo Apnl be açepte
MOTION: Commiser Bar moved aad V'lCe-ir WUI RCODde that the Commisn
appro the Apri rmaucial report The motion pasd.
CommiS$ioaer Kari. MapeU eaten the DINti
E911 Manager Report
Edie Goldsmth prented the. County 2010 Grnt Status Update to the Commission.
Adas Cou ha invited thr top two veOl to give a demnsion and go over Adams Count's
RFP. Mr. Gold$ith h(l been ased to aten the demnstrati and help with the teical aspecs.
5/61 0 Id Eme Commu Commission Minues
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3
Custer Couty has reqed Mr. Goldsmith to çOe an as the in interng and clafYing il
RFs.
5324,832.25 ba bee paid ou of. total $1.6 millon fo the 2010 grt. $1,276,832.2 remns in thegrt.
Chair Nanla as that onc a reue fo remburst is reved how iong does it tak to mae
su th th rees mees tbeçøndions of th grt, an th to acally issu the che.
Mr. Godsmth an th onc the co submits their GAN reuest wi-thr invoice it is faxed
to thegri coinator who gi the informti to him. Mr. Godsmith gøe thrgh each individul
line item to mak sure it çomplies with the gr. He sign an appova an the check is cut_ It takes
tw days frm th -time the infurmio is reived to th tiln th di.is made.
Annual PSPSurvey Form Review
Mr. God$ prseted an onne surv to th C()mission. No fe ba be reve as to
wber the Comission waed ânyadonal inforon incud on th suey. The suey wil go
to a1IPSAPsto give th Cosson a pict of wher thing st. The las survey wei out a lite
over for ye ago. This cut su win tae 30 minut to one hourto complet
Comissner Ber askd iftbe survey is somehing the Comissn will have to pay for.
Mr. Godsmith anwere that it wil cost SS95 a yer to have up to 10 serate an reable templates.
It ca be use fo asmets, sus, an tes. The PSAP Staards Commtte wats to devlo a
test for their discher ma and would be able to use this to do that.
Coissoner Ber ased if th is any aditional fee fur how many peple tak the survey.
Mr. Goldsmith anWered no, the is no additiona fe. Keny is the only st wih an online syem.
The ower of th copany said th ifoth states ge on boa id co se a pret goo de.
Comissione Ba sugged tht acs be spelled out on th suy.
Vieehai Will move tha the Commisson ac the surv. with the corron th Mr. Godsmith
wiJl make to th suy.
Comssone Baer seed tle moon.
Mr. Goldsmith suggted tht th Commissin give th survey out in ihe laer pa of th year, or wait
umiJ.Januai 201 1 to fiI it out for 2010. Th will give the Commission enough time to get the
infortion in by Febniai to us in th re to th FCC due in Mardi
Commissone Ber ased where th infion is hoed.
Mr. Ooldsmith aiwe that it is hoed wi the su tinn and on his COmper.
51610 Id Emeen Communication Commission Minutes
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4
Commissioner 8e commente that the Co wouprly want some laage stctre
arou wh th firm ca do with this infion. Th Comssion doen't wat to tum the PSAP
SUey ino soe kind of maling list or eo fi for ves.
Vicha Wills ame hi moio tha the infotmion pr be limited 10 ECC use only.
Commisson Ba, th moon se wa ok wi th am.
MOTION: \"lCir Wil II an Commis Ba seed tbtthe CommisB
aect th SU"'Y. wi th coio Mr. Geit wmm.keto the surv. and dlai the
infonntin pruced &om the surey be liit to Colsn us onl. The motin pass.
TraeFone ETC Status Update
Mr. Goldsmih commen that Gr Seaman is not at th meeg,but he hll .soining to sh with
th CommissionoD thsuJeç. The Public Utilities Commission (PUC) has recmmended that
TracFone be deniedETC stats du to ther un-businesslike condct.
Traone bas not prvi this Commsson with a po of CO an they have not reded to the
PUC reng the 91 1 fe Traonwo't ta toco th se l. an lawyer. Mr.
Goldsith comme th he beievesTraon ba alrey do tht an ap th Go.
He su th wh th PUC doe ths Comin foow suit.
PSAP StaDdards Committ Report
Bru Bowl prte th PSAP Commee wepa to th Commission.
Mr. Bowler reed that th PSAP Commee wen im viite disptc centers to deliver the trining
manu. Photgrph we taen at th visits, and thos photos ar on the webpage.
Grace Seman (PUC) enter the meeing.
Mr. Bowler reported tha the PSA Comitt atnde the lLETS Confer. Commissioner Baker
an Da Mury from Koeni Cou gave a prtaon on libilities an dispelling myths. The
PSAP Cottee was ve plea with th preon.
The PSA Comm me wih POST em
TracFone ETC Status Update
Chair Nanlas recogi Grce Seman tim the PUC, an with pe$sioøtim th Commission
retued to the topic ofTraone ETC Stat.
Ms.. Seaan report th she is a utility anlyst at the IdaPuJie Utilities Commisson. On other
reibiltie is to reiew all applicatons lrom compaies th wish to becme eligibletelecmmunicatioca,which gives them ac to se pools of mone at tbe feerl and state
lèvel. This also allows theseoanes to be rembu for disuninscoinmunieaoii sece to
5/6110 Ida Emereney Coinieaios Commissn Minutes
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5
low incoe hods in the ste of.da. One of the bigg pr wireles companies Tracon
ba subm an applition for ETC (E6gible Telecmunication Caner) denaion in Idah.
TracFone'sappüeaon was initilly de bese th we no regier wi the Sear of Stat.
TraFone conter with a peition for reiition an supplied an ne application. which is now
in di prce of beg review.
The isse ofTraon seeing ETC sts migl~ of inter totheECC bese wlias how 911
fund ar collec an pad to tbe approate Id counie, TraFonereoned th the are no
oblisaedto collec 91 1 fe. A grer pecege of wireles use ar prep wirees use an if
they don't haveto pay into.the 9U find it could have a denmta im~ to that fund and the seice
prvide.
CoiSione Be ased ifTracFone is trng to tap into the sta low CO fund.
Ms. Sea an tht they claim they ar no, but by virte of beng an ETC desgnted
compay the might no be a wa to prve them frm doin so in the fu.
Commissoner Smith sugged tht di Commission as for the AtomeOeerals offce for an
opinion on th mater.
Comisione Ba suesed tht sh an Commissone Mali diss the isse and co up with
soe id for fiing legslation bese ths is proably go to hae to be addr legslively.
Cha Nancolas commte th he doe't beieve when a comp says the want an ETC stding,
an also sas tbtth ar't gong to pu the benets of tht staning
Ms. Sean commented th Traon ba vtr powelattey an peple workng for them at dina level Th ar vtr well conec naly, an at the ste le. They are ve agive
an have hir avery well know lobbyist inldaho. The PUC has a let fim GQ. Otter strongy
encouag the commission to ac proptly ai to lI the applcaion.
Viceir Wins ased Ms. Seaan wh it loist is
Ms. Seaman an Webr and Sullva.
Ms. Seman commnt that he purp fo adesng the ECC it to le the Coission know th it
is to late fo the Commission to intere in this ca but it is not too late for the Commssion to
submit commets, if they so wih, on this ca The commet dealine is May 24, but it cod chge.
Ms. Se comented tht sh is co that th could bea ver lare numberofpeple who
wiU have Traone seice tht wil be able to cal 911 without helping to pay for it. It is TraFone's
resnsbiliy to coly with th 911 fee
Mr. Goldsmith coimed th ever sta that pa legislaion on coiiceing fee from prid
wieles coes ba ben sued by TracFone. Eve ca ha gone to tho sttes' . Supree Co.
5/611 o Idao Emergenc Communcaions Commissin Mies
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6
In all but one st TraFone bas lo th ca Traoii will no he to fi an st and the
don't ca bow muh it will co WJ Ida lo at aeablS leiSlati we shld lok at the moel
of pont of sale.
Chair NaDCoJas sugged that the Coissin as Commissiones Baer an Maelliio draf so
comments to rethis dissson from a corn ba ftm 91l. Th Commissin's goal is toprovide an eiqe commnicaon systb proeç the citi that nee to rely upo it. Any
suggesiontb elmÙlatesfindng forth. oris an unfàprce as wih tlmi, we as i
Commision C8tstppo th aeivities We al beiev th anne who acc tht system
nes to patb tàr sh Th our opon as a Commion wo be in this panicuar cae,
that itTrone is no willng to pay th fe we wou reeclly reque that the PUC dey thr
applh:iation
MOTON; eo...l8ioer Bake 1l0ve aø Vllr Willede. tlat a letter beaddre on bealoftle ComslÌoa baed on tbCbs. com...tsand hav it sied by the
Commi$i. Chit. Th motin pase.
Pre Paid 911 Fee Disussion
Mr. Golds comm that th Natonal Asaton ofCouny Contssne the Naûonal
Emer Numb Asiation, and APCOJntoional have al adopted tbmol of point of sale fo
colleion:of fee an a Jot of states are ch their leslatio now to that moel, due to thchllenges with Traon
New Busines
Mr~Godsmth c:nted tlihe has the ne tele-munie ma. . Ifan Commission
meber wa a copy to let bim kno. All meber oHhe Coisn will get a co oftbe next
geion 91 1 tron policy implemon li He highly sugged that Commissioners
red the haok beii will be IipI onwb th Comission nee to do to ge to net
generaion.
Chai Nancoas ask fo a sugg fora locon for the Aug meng
Mr. Goldsmith su¡gec ~st.
Commissione Baer suSSes that the locon be decided at th nex meeng.
Futur Meeings:
June 3, 2010 - Goen FIeld Bldg 60
July I~ 2010-Gowe Field. 81d16O
Augit S, 2010. TBD
MOTON: ComSler Mo II Ccmiuloer Sllti seded tJt the eommision
acct the June 3 me date ud pi TI motia pus.
516110 IdaEmeney Commniçaions Commission Miutes
TF00032
7
Chair Nancla ap to th eofision abt tn Apnl 29 meeing.
Open Comment
Mr. Goldsmh wa Commison mem to be awar tha newoftee: will be elected in July. The
ar al so Commisner whos ter are up. Th Commissines ar Gainr. Ha, Kno
Lem an Wills.
Ch Naeola SUsted tha Mr. Godsth pree a le to ea ottbos individus advising th
.. as th iftbey wod ll1tto be repointed.
Coissine Moe comeed tha a lo of mone is bea lo. ft the çOntes tha are no
paeitiii ia tb2S ce fee. A lot ofmone is beg lo tT the nopapation of Ada Cou,Bano Cou, ali Bolle Cou. Do we have to wat untl th legati suns to redd
it?
Vichair Wins answed no. an commetedtbat the Commisson ne to foeus on one thing.
whèhe it is ibs-or the Traoft iss.
Chair Nas sussed th Mr. OoJdsmith se time sensûve emails to Commission as they
come in, bu se ou noneial emls on or twce a moth.
Adjournment
MOTON: Viee Willi moved. ComllioDerMoo teDded. l1l tbe meeúii adjoum.
Th motlo pase
Th .meing adjoied at 2:48p.m.
Ga Nanlas
Mayo, City of Caldwel, CommissoD Charmn
NatbaRe
AdnitiVe Asistant
51610 l4Eiea Comi Commll M"mut
TF00033