20101124order_no_32127.pdf

Office of the Secretary
Service Date
November 24 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF TRACFONE WIRELESS, INc. FOR
DESIGNATION AS AN ELIGIBLE
TELECO MMUNI CA TI 0 NS CARRIER ORDER NO. 32127
CASE NO. TFW-O9-
PROCEDURAL BACKGROUND
On October 29, 2009, TracFone Wireless, Inc. ("TracFone" or "Company ) filed an
Application, pursuant to Section 2l4(e)(2) of the Communications Act of 1934, for designation
as an eligible telecommunications carrier ("ETC"
).
Application at 1. 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. Id.
On February 5 , 2010, the Commission issued an Order denying TracFone
Application. See Order No. 30996.
On March 1 , 2010, TracFone filed a Petition for Reconsideration and an Amended
Application for ETC designation. On March 8, 2010, Commission Staff filed an Answer to
TracFone s Petition. Subsequently, TracFone 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.
On May 14, 2010, CTC Telecom, Inc. dba Snake River PCS ("CTC") and Idaho
Telecom Alliance ("ITA"), pursuant to Commission Rule of Procedure 71 , IDAPA 31.01.01.71
each filed a Motion to Intervene Out of Time and Petition to Intervene. On May 19, 2010
TracFone filed, pursuant to Commission Rule of Procedure 75 , IDAP A 31.01.01.075, a Motion
in Opposition of TracFone Wireless, Inc. to Petitions to Intervene of CTC Telecom, Inc. dba
Snake River PCS and Idaho Telecom Alliance. On May 24, 2010, CTC and ITA each filed
replies to TracFone Motion in Opposition.
On May 28 2010, the Commission issued an Order granting CTC and ITA's Petitions
to Intervene. See Order No. 31096. The Commission also mandated that the parties hold a
scheduling conference "in order to develop an appropriate schedule going forward in this case
including a hearing if needed.Id. at 3.
ORDER NO. 32127
SCHEDULING CONFERENCE
On November 15 , 2010, representatives for TracFone, ITA, CTC and Commission
Staff convened a scheduling conference at the Commission s office. ITA and CTC asserted that
the Commission should hold a formal hearing in this case. All of the parties agreed that an
identification of specific issues through the filing of prehearing briefs would be appropriate. The
parties requested the Commission issue an Order establishing a deadline of December 17, 2010
for the filing of briefs. The parties believe that the development of a full case schedule would be
premature until the Commission has issued a ruling outlining the relevant issues in this case.
MOTION FOR ADMISSION PRO HAC VICE
On November 16, 2010, TracFone filed a Motion requesting an Order for the
Admission of Pro Hac Vice for Mitchell F. Brecher. Mr. Brecher certified that he is an active
member, in good standing, of the bar of the State of Maryland and the District of Columbia. Mr.
Brecher is not a resident of this state or a member of the bar of the State of Idaho. TracFone
local counsel, Mr. Dean J. Miller, acknowledges that his attendance shall be required at all court
proceedings in which Mr. Brecher appears unless his attendance is excused by the presiding
authority.
COMMISSION FINDINGS AND DISCUSSION
The Commission has considered the proposed procedure of the parties.The
Commission is concerned that the request for a formal hearing may be obviated by the lack of a
real factual dispute in this matter. If the only issues to be presented to the Commission are legal
in nature
, "
the public interest may not require a hearing to consider the issues presented in (this)
proceeding. . . ." Rule 201 , IDAPA 31.01.01.201. The Commission could adequately evaluate
the merits of TracFone s Application based upon a thorough briefing of the legal issues.
Therefore, the Commission orders the parties to identify any relevant factual disputes
that may be present in this case. The parties shall file briefs outlining any legal and factual
issues, if any, to be determined by the Commission in its deliberations regarding TracFone
Application for designation as an ETC in Idaho.
Based upon the affirmative representations of Mr. Miller and Mr. Brecher, the
Commission finds that there are reasonable grounds to support the granting of the Motion for
ORDER NO. 32127
Admission Pro Hac Vice on behalf of Mr. Brecher as legal counsel for TracFone in Case No.
TFW-09-0l.
CONCLUSIONS OF LAW
The Commission has jurisdiction in Case No. TFW-09-0l and the Motion for
Limited Admission filed by Dean 1. Miller, local counsel, and Mitchell F. Brecher, applying
counsel, pursuant to Idaho Code, Title 62, and the Commission s Rules of Procedure
31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that the parties shall submit prehearing briefs olltlinin
the legal and factual issues pertaining to this case. The prehearing briefs shall be filed with the
Commission no later than December 17, 2010.
IT IS FURTHER ORDERED that the Motion for Admission Pro Hac Vice is granted.
Mr. Mitchell F. Brecher is hereby granted limited admission in Case No. TFW-09-0l as legal
counsel for TracFone Wireless, Inc.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;2.. Ljf1.
day of November 2010.
-?l!EMPTON, RESIDENT
IJ~
ARSHA H. SMITH, COMMISSIONER
ATTEST:
O:TFW-09-np5
ORDER NO. 32127