20141105Notice of Relinquishment.pdf

Lryi ?BYi"#:?lI
?lif 3tl?,on o*,*
Portland, OR 97201-5630
,t p e r: i'' i i"-. i',I i , .. !., L- ; ,", !"'. _ , Mark p. Trinchero
503.778.5318 tel
tr0ltiHov *S dH g: 37 503'778'52eerax
marktrinchero@dwt. com
l.j. lr-;, -, .i
-j i ll. i'i-r : li iili,t;.t l;ib--lLi;i
November 4,2014
\rIA EMAIL - [e-mail]
and
UPS OVERNIGHT DELIVERY
Ms. Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
472West Washington
Boise, ID 83702-0074
Re: T-Mobile West LLC - Notice of Relinquishment- Docket No. TMW-T-10-01
Dear Ms. Jewell:
On behalf of T-Mobile West LLC, enclosed for filing are an original and seven copies of
T-Mobile West LLC'S Notice of Relinquishment of its Eligible Telecommunication Carrier
Designation pursuant to 47 U.S.C. $21a(e)(a).
Very truly yours,
Davis Wright Tremaine LLP
Mark P. Trinchero
MPT/jan
Enclosure
cc: Service List
DWT 25268238v I 0048 I 72-000324
I Anchorage I NewYork I Seattle
I B"ttu*. I porttana I Shanst'ai
I LosAngels I SanFranci*o I Washington,D.C.
*www.dwt.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION i?, I T L: i.'":- iI
2ilil{ l{0'/ -5 fiH g: 3B
In the Matrer of the Application of ) ,, t,1.i1l1l,.t'ti;,,;,;ri'jl,l.,.,
)
T-MOBILE WEST CORP. ) Docket No. TMW-T-10-01
)
For Designation as an Eligible )
Telecommunications Carrier )
)
T.MOBILE WEST LLC'S NOTICE OF RELINQUISHMENT
OF ITS ELIGIBLE TELECOMMUNICATION CARRIER DESIGNATION
PURSUANT TO 47 U.S.C. $214(e)(a)
Dated: November 4,2014
DAVIS WRIGHT TREMAINE LLP
Mark P. Trinchero
2400 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201
Tel. (s03) 778-s318
Fax. [phone]
Email : [e-mail]
T-MOBILE USA, INC.
Teri Y. Ohta
Principal Corporate Counsel, State Regulatory
Affairs
12920 SE 38th Street
Bellevue, WA 98006
Tel. (425) 383-ss32
Email : Teri. [e-mail]
DWT 2505 1 7 I 0v3 00481 7 2-000324
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of )
)
T-MOBILE WEST CORP. ) Docket No. TMW-T-10-01
)
For Designation as an Eligible )
Telecommunications Carrier )
)
T.MOBILE WEST LLC'S NOTICE OF RELINQUISHMENT
OF ITS ELIGIBLE TELECOMMUNICATION CARRIER DESIGNATION
PURSUANT To 47 U.S.C. $21a(e)(a)
Pursuant to 47 U.S. C. $21a(e)(4),47 C.F.R. $ 5a.205(a), T-Mobile West LLC
(hereinafter, "T-Mobile" or the "Company") hereby submits this notice of relinquishment of its
eligible telecommunications carrier ("ETC") designation in the State of ldaho, effective as of
December 31,2014. As explained herein, this relinquishment of T-Mobile's ETC designation
meets all applicable requirements and should be expeditiously granted.
L COMMUNICATIONS REGARDING THIS NOTICE
All pleading, correspondence and communications regarding this Notice should be
addressed as follows:
DAVIS WRIGHT TREMAINE LLP T-MOBILE USA, INC.
Mark P. Trinchero Teri Y. Ohta
2400 S.W. Fifth Avenue, Suite 2400 Principal Corporate Counsel, State Regulatory
Portland, Oregon 97201 Affairs
Tel. [phone] SE 38th Street
Fax. [phone] Bellevue, WA 98006
Email: [e-mail] Tel. [phone]
Email : Teri. [e-mail]
II. BACKGROUND
On August 9,2011, the Commission designated T-Mobile as an ETC for purposes of
receiving federal high cost and low income (or Lifeline) universal service support in the wire
Page I - T-MOBILE NOTICE OF RELINQUISHMENT
DwT 2505 I 7 I 0v3 0048 I 72-000324
centers listed in Exhibit A ("the ETC Service Area").r Subsequent to being designated an ETC
in Idaho, T-Mobile has filed annually with the Commission ETC Certification Reports, pursuant
to Order Nos. 29841 and32319, and the Commission has certified T-Mobile to the Federal
Communications Commission ("FCC") each year to date.
III. T.MOBILE'S REQUEST FOR RELINQUISHMENT OF ITS ELIGIBLE
TELECOMMUNICATIONS CARRIER DESIGNATION
As an ETC eligible to receive both federal high cost and low income (or Lifeline)
universal service support in Idaho, T-Mobile has utilized high cost universal service support to
improve its network and make Lifeline discounted services available to eligible consumers. T-
Mobile now wishes to relinquish its ETC designation in Idaho, effective December 31,2014.
While T-Mobile will no longer receive high cost universal service support, or reimbursement for
Lifeline discounts after the effective date of its relinquishment, it will continue to provide
wireless service in Idaho as a non-ETC, meaning that existing and future subscribers can
continue to receive wireless service from T-Mobile.
A. T-Mobile's Relinquishment of ETC Designation Complies
With Federal Law
The Commission o'shall permit an eligible telecommunications carrier to relinquish its
designation as such a carrier in any area served by more than one eligible telecommunications
carrier:" 47 U.S.C. section 21aG)@) states in relevant part:
(4) Relinquishment of universal service
A State commission (or the Commission in the case of a corlmon
carrier designated under paragraph (6)) shall permit an eligible
telecommunications carrier to relinquish its designation as such a
carrier in any area served by more than one eligible
telecommunications carrier. An eligible telecommunications
I In the Matter of the Application of T-Mobile West Corp. for Designation as an Eligible Telecommunications
Carrier, DocketNo.TMW-T-10-0l,OrderNo.323l9(hereinafter"the DesignationOrder"). InOrderNo.3258l,
the Commission amended T-Mobile's ETC designation effective June 25, 2012,to reflect the change in its business
name from T-Mobile West Corporation to T-Mobile West LLC.
Page2 - T-MOBILE NOTICE OF RELINQUISHMENT
DWT 2505 I 7 I 0v3 0048172-000324
\''
carrier that seeks to relinquish its eligible telecommunications
carrier designation for an area served by more than one eligible
telecommunications carrier shall give advance notice to the State
commission (or the Commission in the case of a common carrier
designated under paragraph (6)) of such relinquishment. Prior to
permitting a telecommunications carrier designated as an eligible
telecommunications carrier to cease providing universal service in
an area served by more than one eligible telecommunications
carrier, the State commission (or the Commission in the case of a
common carrier designated under paragraph (6)) shall require the
remaining eligible telecommunications carrier or carriers to ensure
that all customers served by the relinquishing carrier will continue
to be served, and shall require sufficient notice to permit the
purchase or construction of adequate facilities by any remaining
eligible telecommunications carrier. The State commission (or the
Commission in the case of a common carrier designated under
paragraph (6)) shall establish a time, not to exceed one year after
the State commission (or the Commission in the case of a common
carrier designated under paragraph (6)) approves such
relinquishment under this paragraph, within which such purchase
or construction shall be completed.
In summary, the statutory requirements for relinquishing ETC designation are: (l) there
must be more than one ETC serving in the area of the ETC seeking relinquishment;
(2) the ETC seeking relinquishment must provide advance notice to the relevant state
commission; (3) the customers served by the relinquishing ETC must continue to be
served by an ETC; and (a) to the extent that additional facilities are required to serve any
of the relinquishing ETC's customers, sufficient notice shall be provided to ensure that
the construction or purchase can be timely completed. The relevant FCC rule essentially
reiterates the same requirements.2
T-Mobile's application for relinquishment of its ETC designation in Idaho complies with
federal law and must be granted because: (1) there is currently more than one ETC serving the
ETC Service Area; (2) T-Mobile is providing advance notice to the Commission of such
relinquishment; (3) T-Mobile will continue providing service to its customers, and additionally,
'47 c.r.R. g 5a.205(a).
Page 3 - T-MOBILE NOTICE OF RELINQUISHMENT
DWT 2505 I 7 I 0v3 00481 7 2-000324
the remaining high cost ETCs in the market should are able to serve the universal service needs
of consumers within their respective designated service areas that cover the ETC Service Area;
and (4) no additional facilities will need to be purchased or constructed by the remaining ETCs.
1. There Is More Than One ETC Currently Serving the ETC Service
Area
T-Mobile's ETC Service Area is currently served by more than one ETC.3 Because at
least one other ETC (in addition to T-Mobile) serves in T-Mobile's ETC Service Area,
applicable federal law requires the Commission to permit T-Mobile to relinquish its ETC
designation.
2. T-Mobile Is Providing Advance Notice to the Commission
Consistent with47 U.S.C. $21a(e)(a) and47 C.F.R. $ 5a.205(a), T-Mobile is filing this
notice over one and a half months in advance of the requested effective date of relinquishment of
its ETC designation. This advance notice satisfies the requirement to provide advance notice to
the Commission of T-Mobile's intent to relinquish its ETC designation.
3. Both T-Mobile and the Remaining ETCs Will Serve Consumers
T-Mobile will continue to serve customers throughout the ETC Service Area, providing
unintemrpted service upon the effective date of its relinquishment of its ETC designation. To the
best of T-Mobile's knowledge, the ILEC ETCs and CETCs in the ETC Service Area will also
continue to serve customers in the ETC Service Area. Thus, all customers within T-Mobile's
ETC Service Area will continue to be served by an ETC, consistent with 47 U.S.C. $ 21a(e).
T-Mobile has approximately 70 Lifeline customers in Idaho. Following relinquishment
of its ETC designation, effective December 31,2014, T-Mobile will provide notice to the former
3 See Exhibit A. T-Mobile's ETC service area includes wire centers served by incumbent local exchange carriers
("ILECs"), all of which are ETCs. In addition, a number of the wire centers in T-Mobile's ETC Service Area are
also within the ETC service areas of other wireless competitive ETCs ("CETCs").
Page 4 - T-MOBILE NOTICE OF RELINQUISHMENT
DWT 2505 I 7 I 0v3 00481 72-000324
T-Mobile Lifeline customers that it no longer participates in the Lifeline program. The notice
will inform these customers that they will receive courtesy credits in the amount of their Lifeline
discount for 45 days. After that period of time, these customers may select an alternative calling
plan from T-Mobile or they may obtain discounted Lifeline service from another providerl If a
former T-Mobile Lifeline customer decides to obtain service from another provider, T-Mobile
will not impose an early termination fee on such customer.
4. No Additional Facilities Will Need to Be Purchased or Constructed by
the Remaining Eligible Telecommunications Carriers
To the best of T-Mobile's knowledge, none of the remaining ETCs will be required to
purchase or construct additional facilities to continue to serve consumers within the ETC Service
Area. Because the remaining ETCs currently serve the entire area in which T-Mobile is
designated as an ETC in Idaho, the Commission need not provide notice to these carriers to
permit them to purchase or construct facilities to ensure that T-Mobile's customers will continue
to receive service.
Through this notice, T-Mobile has complied with all requirements of 47 U.S.C.
g2la(eXa) and 47 C.F.R. $ 54.205. There is no barrier to prevent T-Mobile from relinquishing
its ETC designation in Idaho. Therefore, the Commission should accept T-Mobile's notice of
relinquishment.
Page 5 - T-MOBILE NOTICE OF RELINQUISHMENT
DwT 2505 I 7 I 0v3 00481 72-000324
IV. CONCLUSION
Consistent with all applicable requirements, T-Mobile respectfully requests the
Commission expeditiously accept T-Mobile's notice of relinquishment of its ETC designation in
Idaho effective December 31,2014. T-Mobile has demonstrated that it meets the requirements
for relinquishment of its ETC designation.
Dated this 4th day of November, 2014.
Respectfully submitted,
T-Mobile West LLC
DAVIS WRIGHT TREMATNE LLP
1300 SW Fifth Avenue, Suite 2300
Portland, Oregon 97201
Telephone: [phone] I 8
T-MOBILE USA, INC.
Teri Y. Ohta
Principal Corporate Counsel, State Regulatory
Affairs
12920 SE 38th Street
Bellevue, WA 98006
Tel. [phone]
Email : [e-mail]
Page 6 - T-MOBILE NOTICE OF RELINQUISHMENT
DWT 2505 1 7 I 0v3 0048172-000324
AttachmenE A
T-Mobile !daho ETC Service Area
felco ComDanv Name Wrecentet
ALEION TELEPHONE CO. DBA ATC COMMUNICATIONS ATBNIDXC
ALMOIDXC
ARCOTDXC
ETBAIDXC
HLBKIDXC
HOWETDXC
MALTIDXC
MCKYIDXC
MLCYIDXC
MOORTDXC
RFRVIDXC
:ENTURY.GEM STATE-lD BRUNIDXC
GRVWIDXC
RCFDIDXC
:ENTURYTEL OF IDAHO, INC.LEDRIDXC
NFRKIDXC
SLMNIDXC
CITIZENS TELECOM IDAHO-FRONTIER COMM OT IDAHO
HMDI-IDXC
,.. HRBNIDXC
MCCLTDXC
MRNGIDXC
NWMDIDXC
PARMIOXC
RGNSIDXC
SPFDIDXC
swETtDxc
wHERtDXX
WLDRIDXC
TARMERS MUTUAL TELEPHONE CO,
FILER MUTUAL TELEPHONE CO,
FRLDIDXX
NUARIDXC
FILRIDAA
HLSTIDXC
:REMONTTELCOM CO STATDMA
VIUD TAKE TELEPHONE COOPERATIVE ASSOICATION, INC,DUBSTOXC
HAMRIDXC
KLGRIDXC
MNVWIDXC
TRTNIDXC
JLTTIDXA
KNDRID)'C(
TELEPHONE CO., INC,
Page I of 4
MUTUAL TELEPHONE COOP. ASSOCIATION, I NC,MNDKIDXC
NRLDIDXC
OKLYIDXC
PAULIDXC
RPRTIDXC
T-Moblle ldaho ETC Service Area
AMFLIDMA
BLTTIOMA
BLSSIOMA
BOISIDMA
BOtSIDNW
BOtStDSW
BOISIDWE
BRLYIDMA
BUHLIOMA
CTWLIOMA
CSFRIDMA
DECLIDMA
DWNYIDMA
DYTNIDMA
EAGLIDNM
EDHZIDMA
EMMTIDMA
FKLNIDMA
FRTHIDMA
GDNGIDMA
GLFYIDMA
HALYIDMA
HGMNIDMA
IDFLIDMA
INKMIDMA
JERMIDNM
KMERIDMA
KTCHIDMA
KUNAIDMA
THSPIDMA
LSMNIDMA
MCCMIDMA
MOTNIDMA
MELBIDMA
MRDNIOMA
MRIGIDMA
MTHOIOMA
MTHOIDSO
NMPAIDMA
NPMOIDMA
PCTLIOMA
PCTLIDNO
Page 2 of 4
T-Mobile ldaho ETC Service Area
PSTNIDMA
PYTflDMA
RBRTIDMA
RGBYIDMA
RIRIIDMA
RVSDIDMA
RXBGIDMA
SHLYIDMA
SHSHIDMA
sTARIDNM
TWFLIDMA
WESRIDMA
WNDTIDMA
I.APWDOl
LSTNIDSH
DRGSIDMA
IRWNIDXC
WAYNIDXC
BWWToXX
CBALIDXX
GENSIDXX
HYLKIDXX
MSCWTDXX
PSFLIDXX
RTHDIOXX
.SNPNIDXX
Page 3 of 4
Spokane
ETC and Licensed Areas
Telco Provider
ILEC Wlrecenters
I ALatoH relepHoNE co. DBAATc coMMUNrcATroNSI cENTURY-eEMsrATE-rDI ceruruRweloF rDAHo,rNc.
l.-; ctrzeHsreLEcoM IDAHo-FRoNTTER coMM oF toAHoI FARMERS MUTUALTELEPHoNE co.T FILERMUTUALTELEPHoNEco.I FREMoNTTELcoMcoI uuo urE lELEpHoNE coopERATIvEAssorcATroN, rNc,I PorLATcHTELEPHoNEco.,tNc.I PRoJEcTMUTUALTELEPHoNEcooP.ASSocIATIoN, INc.D owesrcoRploI srtvenstenr:l-roI veazoru NwEsrlD
LicensGd Aroa
iF..Mobile.
Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that, on November 4,20I4,I caused to be served, via the method(s)
indicated below, true and correct copies of the foregoing document upon:
Telephone: [phone]
Facsimile: 503-778-5299
Email: [e-mail]
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
PO Box 83720
Boise, ID 83720-0074
j ean j [e-mail]. gov
Hand Delivered
U.S. Mail
Fax
UPS
Email
U
U
U
lxl
Ix]
Cynthia A. Melillo, Esq.
[e-mail]
Hand Delivered U
U.S. Mail UFax UUPS UEmail lxl
Dean J. Miller
McDevitt & Miller LLP
PO Box 2564-83701
Boise,ID 83702
j oe@mcdevitt-miller. com
Hand Delivered
U.S. Mail
Fax
UPS
Email
U
U
U
U
[x]
$)'F-( N\\all\
r \ooker, Davis, Wright T
Do Sw 5tn Ave Ste 24oo
ne LLP
DWT 17464956v1 00481 72-000324