20100524Reply to TracFone Wireless Motion.pdf

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Cynthia A. Melilo, ISB # 5819
GIVENS PURSLEY LLP
601 W. Bannock Street
P.O. Box 2720
Boise, 10 83701
[phone]
[phone] (fax)
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Attorneys for Idaho Telecom Allance
870959_1.DOC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF TRACFONE WIRELESS, INC., FOR
DESIGNATION AS AN ELIGIBLE TELE-
COMMUNICATIONS CARRIER
CASE NO. TFW-T-09-01
REPLY TO MOTION IN OPPOSITION
OF TRACFONE WIRELESS, INC. TO
ITA'S MOTION TO INTERVENE OUT
OF TIME AND PETITION TO
INTERVENE OF IDAHO TELECOM
ALLIANCE
Idaho Telecom Allance ("ITA") files this reply to the Motion in Opposition of
TracFone Wireless, Inc. to Petitions to Intervene of CTC Telecom, Inc. dba Snake River
PCS and Idaho Telecom Allance.
TracFone Wireless, Inc. ("TracFone") requests that the Commission deny the
petition of ITA to intervene in the above-captioned matter. TracFone asserts the petition
to intervene is inappropriate, not contemplated by the Commission, would unduly
broaden the issues and cause prejudice to TracFone and the Idaho public. Contrary to
the assrtions of TracFone, the petition for interventin filed by ITA is not inappropriate.
TracFone claims the petition is inappropriate becuse it was not filed 14 days before the
hearing date. TracFone goes on to assert that because of the use of Modified
Proure, no hearing date has been set and as such, TracFone claims petitions to
intervne are not contemplated in this matter. TracFone Opposition at page 2. While
REPLY TO OPPSITION TO MOTION TO INTERVENE OUT OFTIME.AND PETITON TO INTERVNE
OF IDAHO TELECOM ALLIANE
TFW-T-Q1 -1
the Commission's Order stated that the Amended Application wil be processed under
Modified Procedure, the Order further stated that persons interested in protesting the
use of Modified Procedure may do so within 60 days of the service date of the Order
(Order 31082 at page 4), which date has been extended by subsequent order to May
24, 2010. Order 31028. Until the Commission determines after the comment period
that a hearing is not required, the Petition of ITA to intervene as a part and be
permitted to conduct discovery is appropriately filed within the appropriate time frame.
TracFone states that the use of Modified Procedure does not contemplate
discovery. TracFone further objects to the extension of time to allow ITA to conduct
discovery. TracFone Opposition at page 4. However, ITA notes that TracFone did not
protest the Commission's requests for production, nor did TracFone have any concem
for the urgency of this matter in asking for an extension of time to provide its responses
to the requests for production. Clearly the use of Modified Procedure does not preclude
discovery and clearly an extension of time is not a hardship for TracFone, as TracFone
freely requests such extensions when convenient for TracFone.
Similarly, TracFone asserts that such 45-ay extension wil substantially
prejudice TraFone and unduly harm all the potential TracFone Lifeline customers.
TracFone complains that enough time has already passed since the filing of the initial
Appliction seven months ago. TracFone Oppositon at page 5. ITA contends that any
delay prior to this time is solely the result of TracFone's failure to be duly authorized to
conduct business in the state of Idaho and its failure to file enough information for the
Commission to act on its Applicatin wihout additonal infrmation. An additinal
REPLY TO OPPSITION TO MOTION TO INTERVENE OUT OF TIME AND PETITION TO INTERVENE
OF IDAHO TELECOM ALLIANCE
TFW-T-Q1-2
45-day delay to ensure that ETC designation of TracFone is in fact in the public interest
wil not prejudice TracFone or the citizens of the state of Idaho.
TracFone asserts the petition to intervene should not be granted because
allowing ITA to intervene would unduly broaden the issues. The issues in this matter
are determined by the requirements needed for the Commission to grant ETC
designation. The issues wil be no broader than those requirements.
Finally, ITA contends that TracFone has not properly entered its appearance
before the Commission in accordance with IDAPA 31.01.01.043. Therefore, neither the
Amended Application nor TracFone's Motion in Opposition to ITA's Petition to Intervene
are properly before the Commission, and ITA contends that the Commission cannot
take any action in connection therewith.
WHEREFORE, ITA by this Reply respectlly moves the Commission to dismiss
this matter for failure of TracFone to properly appear before the Commission, or in the
alternative, grant ITA's petition to intervene and thereby allow Intervenor to appear and
participate in all matters as may be necessary and appropriate; and to present
evience, call and examine witnesses, present argument and to otherwise fully
partcipate in these proceedings.
REPLY TO OPPSITION TO MOTION TO INTERVENE OUT OF TIME AND PETITON TO INTERVENE
OF IDAHO TELECOM ALLIANCE
TFW-T-Q1-3
J'
DATED this 24th day of May 2010.
GIVENS PURSLEY LLP
L~al1M
Cynthia A. Melilo
Attorneys for Idaho Telecom Allance
REPLY TO OPPSITION TO MOTION TO INTERVENE OUT OF TIME AND PETITION TO INTERVENE
OF IDAHO TELECOM ALLIANETFW-T-Q1-4
CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of May 2010, I caused to be served a true
and correct copy of the foregoing by the method indicated below, and addressed to the
following:
Mitchell F. Brecher
Debra McGuire Mercer
GREENBERG TRAURIG, LLP
2101 L Street,NW, Suite 1000
Washington, DC 20037
brechermcægtlaw.com
mercerdmcægtlaw.com
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U.S. Mail
.' Overnight Mail
.Hand Delivery
Fax
Electronic Mail
Jean Jewell
Idaho Public Utilties Commission
472 West Washington Street
Boise, 10 83702
Molly O'Leary
RICHARDSON & O'LEARY, PLLC
P.O. Box 7218
Boise, ID 83707
moiiycærichardsonandoleary.com
U.S. Mail
. Overnight Mail
Hand Delivery
Fax
Electronic Mail
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Cynth a A. Melilo
'1
REPLYTO OPPSIT0N TO MOTION TO INTERVENE OUT OF TIME AND PEITON TO.INTERVENE
OF IDAHO TELECOM ALLIACETF-T -Q1 - 5