20100524Comment (IECC).pdf

~ Idaho
~ Emergency
- Communications
=. Commission
Mayor Garret Nancolas - Chairman
Association of Idaho Citfes
621 Cleveland Blvd., Caldwell 83605
455-3011, gnancolasQlctcaldwell. id.us
Rep. Rich Wils - Vice Chairman
Box 602, Glenns Ferry 83623
484-0403, wills550Wlaol.com
Captain Bil Gardiner
Idaho State Police
700 S. Stratford Dr., Meridian 83642
846- 7555, bil.gardinenilisp. idaho.gov
Chief David Moore - Treasurer
Idaho Chiefs of Police Association
501 N. Maple #410, Blackfoot 83221
785-1235, dmooreQlco.bingham.id.us
Joe Young, County Commissioner
Idaho Association of Counties
215 South First Avenue, Sandpoint 83864
265-1438, iyoungQlco.bonner.id.us
Sheriff Chris Smith, Canyon County
Idaho Sheriffs Association
1115 Albany Street, Caldwell 83605
454.7515, csmithCècanyoncounty.org
Chief Martin Knoelk
Idaho Fire Chiefs Association
5800 Glenwood, Garden City 83714
375,0906, martinkQlnacfire.org
Teresa Baker
Idaho Prosecuting Attorney Associatfon
200 W. Front Street, Suite 3191, Boise 83702
287-7700, teresabQladaweb.net
Troy Hagen
Idaho EM Association
5870 Glenwood, Boise 83714
287-2962, thagenQladaweb.net
Dia Gainor
Idaho State EMS Communications Center
590 W. Washington St., Boise, 83702
334-40, gainordØ!dhw. idaho.gov
Brig Gen Bil Shawver
Director, Idaho Bureau of Homeland Security
(Military Division)400 W. Guard, #600, Boise 83705.5004
422-3001, bshawverØ!bhs. idaho.gov
Clint Berry
Qwest999 Main St., 8th Floor, Boise, 83702
364-3977, clint.berryQlgwest.com
James Lemm
J Ii R Electronics, Inc.
8144 Stone Haven Ave., Hayden, 83835
699-5366, iim!!lrcda.com
Karin Magnell, Deputy Attorney General
954 W. Jefferson Street, Boise 83720
334-4550, Karin.magnelliWlag. idaho.gov
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May 21,2010
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Idaho Public Utilities Commission
472 W. Washington St.
PO Box 83720
Boise, Idaho 83720-0074
ZlllO "IY 24 AM 9= 48
RE: TracFone Wireless Inc. - Application for Designation as an Eligible
Telecommunications Carrier, Case No. TFW-T-09-01
Dear Commissioners:
On behalf of the Idaho Emergency Communications Commission ("IECC") I write
to express our opposition to the application of TracFone Wireless to become an
Eligible Telecommunications Carrier ("ETC"). The primary basis for this
opposition is that TracFone does not collect the Emergency Communications
Fee in support of Idaho counties' 9-1-1 systems. Further, it is the IECG's
position that TracFone's failure to do so is in violation of the Idaho Emergency
Communications Act, Idaho Code § 31-4801 et. seq.
In TracFone's Response to First Production Request of Commission Staff dated
May 3, 2010, on page 34, TracFone cites the minutes of the IECC meeting on
February 4, 2010, as a legal conclusion that they are not responsible for
collecting the fee. However, the IECC has not made this determination and in
fact believes that TracFone should be paying the required fees under Idaho Code
§ 31-4804 as they provide wireless service in Idaho. The IECC does not have a
preference as to how the funds are collected from TracFone's users, i.e. at the
retail level or by a deduction of minutes from the account by TracFone. The
funds simply should be collected and paid in compliance with the Idaho Code §
31-4804.
This letter is also to confirm that TracFone has not made any attempt to
negotiate a process for collecting the Emergency Communications Fee with the
IECC or any of the local governments that collect the fee.
The IECC's goal is to provide an emergency 9-1-1-communication system that
protects the citizens that rely upon it. The refusal of TracFone to collect and
remit the fees that they are obligated to collect under Idaho law is an unfair
business practice and is contrary to protecting those citizens that TracFone is
claiming to assist in their application with the Lifeline services.
Accordingly, the Commissioners of the IECC respectfully request that the PUC
deny the application before them until TracFone comes into compliance with
existing law regarding the services they provide in Idaho.
Sinçerely,~~
Garret Nancolas
Chair
Idaho Military Division, 400 West Guard St., Bldg 600, Boise, 1083705