20100318notice_of_amended_application_order_no_31028.pdf

Office of the Secretary
Service Date
March 18 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE FIRST
AMENDED APPLICATION OF TRACFONE
WIRELESS, INC. FOR DESIGNATION AS
AN ELIGIBLE TELECOMMUNICATIONS
CARRIER
) CASE NO. TFW-09-
) NOTICE OF
AMENDED APPLICATION
) NOTICE OF
) MODIFIED PROCEDURE
) ORDER NO. 31028
NOTICE OF AMENDED APPLICATION
YOU ARE HEREBY NOTIFIED that on March 1 , 2010, TracFone Wireless, Inc.
TracFone" or "Company ) filed an Amended Application, pursuant to Section 214(e)(2) of the
Communications Act of 1934, for designation as an Eligible Telecommunications Carrier
ETC"). TracFone is seeking ETC designation solely for the purpose of providing Lifeline
service under its trade name SafeLink Wireless and will not seek funds from the federal
Universal Service Fund.
YOU ARE FURTHER NOTIFIED that TracFone is a reseller of commercial mobile
radio service (CMRS) throughout the United States, including the state of Idaho. TracFone has
obtained a Certificate of Authority and Certificate of Good Standing from the Idaho Secretary of
State.
YOU ARE FURTHER NOTIFIED that the Company provides service through a
virtual network consisting of services obtained from numerous licensed operators of wireless
networks and has provided CMRS service throughout the state of Idaho for the past ten years. In
Idaho, TracFone obtains service from several underlying carriers, including AT&T Mobility, T-
Mobile, and Verizon Wireless which enables the Company to offer services wherever these
providers offer service.
YOU ARE FURTHER NOTIFIED that TracFone intends to offer its Lifeline service
in all areas of Idaho currently being served by AT&T Mobility and T-Mobile and expand its
service to areas being served by Verizon Wireless in the second quarter of20IO.
NOTICE OF AMENDED APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 31028
YOU ARE FURTHER NOTIFIED that TracFone states that it will provide Lifeline
service to qualifying customers requesting these services.
YOU ARE FURTHER NOTIFIED that TracFone states that its Lifeline program can
be differentiated from other Lifeline programs offered by ETCs in the following ways: (l)
TracFone will offer low-income consumers the convenience and portability of wireless services;
(2) many of its Lifeline-eligible consumers will be able to obtain subsidized wireless service; and
(3) TracFone will not charge consumers for certain quantities of its Lifeline service.
YOU ARE FURTHER NOTIFIED that TracFone will provide a free wireless handset
to its Lifeline customers. These customers will not incur any activation or usage charges.
TracFone service is available at nationally uniform rates.
YOU ARE FURTHER NOTIFIED that on April 9, 2008 the Federal
Communications Commission (FCC) granted all of TracF one s pending petitions for designation
as an ETC, subject to certain conditions. The FCC's decision enabled the Commission to
consider TracFone s Application seeking ETC designation in Idaho under Section 214(e)(2) of
the federal Communications Act.
YOU ARE FURTHER NOTIFIED that TracFone has been granted ETC designation
in the following states: Florida, Georgia, Illinois, Louisiana, Maine, Maryland, Michigan
Missouri, New Jersey, Ohio, Texas, West Virginia and Wisconsin.
YOU ARE FURTHER NOTIFIED that TracFone states that it is seeking ETC
designation solely to obtain USF funding to provide Lifeline service to qualified low-income
consumers and will not seek or accept high-cost support. TracFone noted that there is only one
other wireless ETC, Syringa Wireless, providing Lifeline service in Idaho to approximately
600 Lifeline customers.
YOU ARE FURTHER NOTIFIED that TracFone believes that granting ETC status
will benefit low-income consumers, low-volume users, transient users and other types of
consumers in Idaho who either choose not to enter into long-term service commitments or are
unable to meet the credit requirements necessary to obtain service from other wireline or wireless
carriers.
NOTICE OF AMENDED APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 31028
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission s Rules
of Procedure IDAPA 31.01.01.201 through .204.The Commission notes that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Amended Application may file a written comment in support or opposition with the Commission
within sixty (60) days from the service date of this Notice. The comment must contain a
statement of reasons supporting the comment. Persons desiring a hearing must specifically
request a hearing in their written comments. Written comments concerning this Amended
Application shall be mailed to the Commission and the Applicant at the addresses reflected
below:
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5918
Richard B. Salzman
9700 N.W. 11th Avenue
Miami, FL 33178
Mail: rsalzman~tracfone.com
Mitchell F. Brecher
Debra McGuire Mercer
GREENBERG TRAURIG, LLP
Attorneys for TracFone Wireless, Inc.
2101 L Street, NW
Suite 1000
Washington, D.C. 20037
E-mail: brecherm~gtlaw.com
mercerdm~gtlaw. com
document.
These comments should contain the case caption and case number shown on the first page of this
Persons desiring to submit comments via e-mail may do so by accessing the
Commission s home page located at www.puc.idaho.gov. Click the "Comments and Questions
icon and complete the comment form using the case number as it appears on the front of this
document. These comments must also be sent to the Applicant at the e-mail addresses listed
above.
NOTICE OF AMENDED APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 31028
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set, the Commission will consider this matter on its merits and
enter its Order without a formal hearing. If written comments are received within the time limit
set, the Commission will consider them and, in its discretion, may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Amended Application has been filed with
the Commission and is available for public inspection during regular business hours at the
Commission offices. The Amended Application is also available on the Commission s web site
at www.puc.idaho.gov by clicking on the "File Room" and then "Telephone Cases.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 62 of the Idaho Code and specifically
Idaho Code 962-610D. The Commission may enter any final Order consistent with its authority
under Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this Amended Application will be processed under
Modified Procedure. Persons interested in submitting written comments regarding this case or
protesting the use of Modified Procedure should do so no later than 60 days from the service date
of this Order.
NOTICE OF AMENDED APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 31028
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this / ff r-
day of March 2010.
D. KEMP SIDENT
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MARSHA H. SMITH, COMMISSIONER
MACK A. REDFO
ATTEST:
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Je D. Jewell
Commission Secretary
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NOTICE OF AMENDED APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 31028