20100308Answer to TracFone Petition for Reconsideration.pdf

D. NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
(208) 334-03 14
Idaho State Bar No. 6864
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF TRACFONE WIRELESS, INC. FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRER
)
) CASE NO. TFW-T-09-01
)
) STAFF'S ANSWER TO
) TRACFONE'S PETITION FOR
) RECONSIDERATION
)
COMES NOW the Staff of the Idaho Public Utilties Commission, by and through its
attorney of record, D. Neil Price, Deputy Attorney General, and, pursuant to Commission Rule
of Procedure 331.05, does hereby submit Staffs Answer to TracFone's Petition for
Reconsideration.
PROCEDURAL BACKGROUND
On October 29, 2009, TracFone Wireless, Inc. ("TracFone" or "Company") fied an
Application, pursuant to Section 2 1 4( e )(2) of the Communications Act of 1934, for designation
as an Eligible Telecommunications Carier ("ETC") in the State of Idaho. TracFone Application
at 1. TracFone is seeking ETC designation solely for the purose of providing Lifeline service
under its trade name SafeLink Wireless and wil not seek funds from the federal Universal
Service Fund. ¡d.
STAFF'S ANSWER TO TRACFONE'S
PETITION FOR RECONSIDERATION
On February 5, 2010, the Commission issued an Order denying TracFone's
Application for ETC designation without prejudice. See Order No. 30996. On February 26,
2010, TracF one notified the Commission Secretary, pursuant to Commission Rule of Procedure
331.04, and Staff that the Company had mailed its Petition for Reconsideration. On March 1,
2010, the Commission received TracFone's Petition for Reconsideration.
STAFF'S ANSWER TO TRACFONE'S PETITION FOR RECONSIDERATION
In its Petition, TracFone cites a litany of reasons why the Commission's Order
reached incorrect legal conclusions and defends its Application as being in the public interest.
Staff opposes TracFone's Petition for Reconsideration insofar as it makes a renewed request for
ETC designation. Staffs original concern, which is reflected in the Commission's Order, is that
TracFone's lack of good standing with the Idaho Secretary of State's Office amounted to a
threshold problem with its Application and amply demonstrates that granting TracFone ETC
status would not be in the public interest. See Order No. 29841 at 8. Because TracFone did not
have a curent Certificate of Authority from the Idaho Secretary of State, Staff did not make a
thorough review of the remaining requirements necessary for designation as an ETC.
TracFone sought to cure this defect by filing an Amended Application as an
attachment to its Petition for Reconsideration. The Company's Amended Application reveals
that, subsequent to Staffs January 15, 2010 Decision Memorandum recommending that the
Commission deny TracFone's ETC Application, TracFone fied for and received a Certificate of
Authority from the Idaho Secretary of State's Office. See First Amended Application of
Applicant, Exhibit 1.
Having complied with this initial registration requirement, Staff believes that a more
complete review of TracFone's Amended Application is now warranted. Staff believes that the
most efficient manner to process the Amended Application would be to deny TracFone's curent
Petition for Reconsideration and open a new comment period on TracFone's Amended
Application. Staff believes that a 60-day comment period would be a suffcient amount of time
to allow for a thorough Staff review and comment on the Amended Application.
STAFF'S ANSWER TO TRACFONE'S
PETITION FOR RECONSIDERATION 2
CONCLUSION
Staff respectfully requests that the Commission deny TracFone's Petition for
Reconsideration of Commission Order No. 30996 denying the Company's Application for
Designation as an ETC in the State of Idaho and issue a Notice of Amended Application with a
corresponding 60-day comment period.
Respectfully submitted this 8th day of March 2010.
QJ
D. Neil Price
Deputy Attorney General
N:TFW-T-09-01_np_Staff Answer
STAFF'S ANSWER TO TRACFONE'S
PETITION FOR RECONSIDERATION 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 8th DAY OF MARCH 2010,
SERVED THE FOREGOING STAFF'S ANSWER TO TRACFONE'S PETITION FOR
RECONSIDERATION, IN CASE NO. TFW-T-09-01, BY MAILING A COpy
THEREOF, POSTAGE PREPAID, TO THE FOLLOWING:
MITCHELL F. BRECHER
DEBRA MCGUIRE MERCER
GREENBERG TRAURIG, LLP
2101 L STREETNW SUITE 1000
WASHINGTON DC 20037
E-mail: brecherm(fgtlaw.com
mercerdm(fgtlaw.com
RICHARD B. SALZMAN
9700 NW 11TH AVENUE
MIAMI, FL 33178
E-mail: rsalzman(ftracfone.com
CORPORATE CREATIONS NETWORK INC
2219N CURTIS ROAD
BOISE ID 83706
E-mail: contactus(fcorpcreations.com
~S::J&w2.SECRETARY ~
CERTIFICATE OF SERVICE