20120629order_no_32586.pdf

Office of the Secretary
Service Date
June 29,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE AMENDED )
APPLICATION OF TRACFONE )CASE NO.TFW-T-09-Ol
WIRELESS,INC.FOR DESIGNATION AS )
AN ELIGIBLE TELECOMMUNICATIONS )
CARRIER )ORDER NO.32586
_______________________________________________________________________________
)
As indicated in prior Orders,the Commission approved all of the terms and
conditions of the Settlement Stipulation (“Stipulation”)between TracFone Wireless,Inc.
(“TracFone”or “Company”)and Commission Staff (“Staff’).See Order No.32550.The
Stipulation provided that the Company shall:(1)file a Declaratory Judgment Action in State
District Court requesting a determination as to whether TracFone should be required to pay an
“emergency communications fee”pursuant to Idaho Code §3 1-4804;(2)remit to the ITSAP
Administrator,within 14 days of the issuance of a final Order designating TracFone as an
eligible telecommunications carrier (“ETC”)in Idaho,monthly ITSAP fees,retroactive to
January 1,2011,due and owing pursuant to Idaho Code §56-904;and (3)file a motion to
voluntarily dismiss its appeal currently pending before the Idaho Supreme Court,Docket No.
3933 1-2011,upon the entry of an Order designating TracFone as an ETC.Order No.32550 also
found that TracFone has satisfied all of the requirements for ETC designation.Subsequently,no
party filed for reconsideration of the Commission’s Order No.32550 granting ETC status to
TracFone.
COMMISSION FINDINGS AND DECISION
The Commission notes that this case has taken a long and deliberate path toward final
resolution.The procedural background of this case is more fully described in the Commission’s
preceding Orders in this case.As stated above,the Commission has approved the terms and
conditions of the Stipulation settling this case.See Order No.32250.The terms and conditions
of the Stipulation allow for TracFone’s designation as an ETC in Idaho,contingent upon the
Company’s continued and ongoing obligation to remit applicable ITSAP fees,compliance with
any and all Orders issued by the District Court resulting from TracFone’s Declaratory Judgment
Action,as well as other reporting and filing requirements outlined in the Idaho Code and the
Commission’s ETC Requirements Order No.29841.Id.at 14.
ORDER NO.32586 1
On June 4,2012,TracFone filed a complaint in the District Court of the Fourth
Judicial District seeking a Declaratory Judgment regarding the applicability of fees under the
Idaho Emergency Communications Act.TracFone has also calculated the amount of ITSAP fees
retroactive to January 1,2011,and Staff has confirmed the calculation.Thus,as TracFone has
complied with the necessary predicate for ETC designation under the terms of the Stipulation,
the Commission herein grants TracFone’s Application for ETC designation in Idaho.See Order
No.32550 at 4,¶2.
ORDER
IT IS HEREBY ORDERED that the Application of TracFone Wireless,Inc.for
designation as an eligible telecommunications carrier in the State of Idaho is approved as
conditioned by the Stipulation.
IT IS FURTHER ORDERED that,pursuant to the Stipulation approved by the
Commission in Order No.32550,TracFone shall remit to the ITSAP Administrator,within 14
days of the issuance of this Order,ITSAP fees,retroactive to January 1,2011,due and owing
pursuant to Idaho Code §56-904.
IT IS FURTHER ORDERED that TracFone shall file a Stipulation for Dismissal of
its appeal before the Idaho Supreme Court pursuant to I.A.R.33.
IT IS FURTHER ORDERED that TracFone’s ETC designation shall be subject to
annual review,as well as the Company’s ongoing compliance with the express terms and
conditions of the Stipulation approved by the Commission.
ORDER NO.32586 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 2 /
day of June 2012.
ATTEST:
c7/IJ té
PAXL KJEIIAU)ER,PRESIDENT
Ic
/J J L’
MARSHA H.SMITH,COMMISSIONER
kt
Jean D.Jewell
Commission Secretary
O:TFW-T-09-O1 npl3 ETC Designation
MACK A.REDFO]
ORDER NO.32586 3