20101119Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL

DATE: NOVEMBER 16, 2010

SUBJECT: AMENDED APPLICATION OF TRACFONE WIRELESS, INC. FOR
DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS
CARRIER IN THE STATE OF IDAHO, CASE NO. TFW-T-09-01

PROCEDURAL BACKGROUND
On October 29, 2009, TracFone Wireless, Inc. (“TracFone” or “Company”) filed an
Application, pursuant to Section 214(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 January 15, 2010, Commission Staff submitted a Decision Memorandum
recommending that the Commission deny TracFone’s Application. On February 5, 2010, the
Commission issued an Order denying TracFone’s 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 April 26, 2010, Staff and TracFone filed a Joint Stipulation Regarding First
Production Requests of the Commission Staff.
DECISION MEMORANDUM 2
On May 14, 2010, CTC Telecom, Inc. dba Snake River PCS (“CTC”) and Idaho
Telecom Alliance (“ITA”) each filed, pursuant to Commission Rule of Procedure 71, IDAPA
31.01.01.071, a Motion to Intervene Out of Time and Petition to Intervene.
On May 19, 2010, TracFone filed, pursuant to Commission Rule of Procedure 75,
IDAPA 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 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.
SCHEDULING CONFERENCE
On November 15, 2010, representatives for TracFone, ITA, CTC and Commission
Staff convened a scheduling conference at the Commission’s office. As a preliminary matter,
ITA and CTC asserted that a hearing in this case would be necessary. All of the parties agreed
that an identification of specific issues through the filing of a prehearing brief would be
appropriate. The parties request that the Commission issue an Order establishing a deadline of
December 17, 2010 for the filing of the brief. 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 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’s
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 DECISION
1. Does the Commission wish to hold a formal hearing? If so, does the Commission
wish to order the parties to submit a prehearing brief identifying the relevant issues in this case?
DECISION MEMORANDUM 3
2. Does the Commission wish to grant the Motion for Admission Pro Hac Vice of
counsel for TracFone, Mitchell F. Brecher?

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