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Home My WebLink About20110512notice_of_application_order_no_32240.pdfOffice ofthe Secretary Service Date May 12,2011 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF T-MOBILE WEST CORP.FOR )CASE NO.TMW-T-l0-0i DESIGNATION AS AN ELIGIBLE ) TELECOMMUNICATIONS CARRIER )NOTICE OF APPLICATION ) )NOTICE OF )MODIFIED PROCEDURE ) _______________________________ )ORDER NO.32240 On December 14,2010,T-Mobile West Corp.filed an Application to be designated as an “eligible telecommunications carrier’(ETC)in Idaho.T-Mobile is a facilities-based wireless telecommunications carrier serving Idaho customers with basic wireless services and advanced broadband services.Application at 1.The Company requests ETC designation pursuant to 47 U.S.C.§214(e)and this Commission’s ETC requirements in Order No.29841. Idaho Code §62-610D. THE APPLiCATION I-Mobile is a commercial mobile radio services (CMRS)carrier licensed by the Federal Communications Commission (FCC)to provide wireless services in various locations in Idaho.T-Mobile’s designated service areas currently include the wire centers of non-rural incumbent local exchange carriers (ILECs —such as Qwest and Verizon)’and the wire centers of many rural ILECs.See Application Atch.A.T-Mobile seeks ETC status in those Idaho wire centers listed in Attachment A. T-Mobile asserts that it will provide all the universal services supported by the federal Universal Service Fund (USF)including:voice grade access;local usage;dual tone multi- frequency signaling;single party service;access to emergency services;access to operator, interexchange,and directory assistance services;and toll blocking or toll control for qualifying consumers.Id.at 3-4.The Company indicates that it intends to use its own facilities-based wireless facilities to meet its universal service obligations.Id.at 4. On April 1,2011,CenturyLink and Qwest merged their companies.The combined companies will use the name CenturyLink,but the “Qwest”brand will continue for the next several months.On July 1,2010,Frontier Communications Corporation acquired control of Verizon’s local and toll operations in Idaho. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32240 1 The Application states that T-Mobile is committed to providing the required universal services throughout its designated ETC service areas,including the FCC’s ETC servicing requirements found at 47 C.F.R.§54.202.In those instances when T-Mobile receives a request for service outside its existing network coverage areas,T-Mobile will provide service within a reasonable period of time.To provide service the Company maintains that it will explore several alternatives including:modify or replace the customer’s equipment;deploy a roof-mounted antenna or other equipment;adjust the nearest cell tower;adjust network or customer facilities; resell services from another carrier’s facility;or use or construct an additional cell site/extender/repeater or other similar equipment.Application at 5.If T-Mobile determines that it cannot reasonably serve a new customer,then it will report the “unfulfilled request within thirty (30)days after making such a determination.”Id, The Company also commits to advertise the availability of its universal service offering within its proposed ETC service areas by using media of general distribution.Id.In addition,the Company notes that it already has various retail stores and authorized agents throughout its existing service area. Once designated as an ETC,the Company will make available to qualified low- income customers a discounted service offer that meets the “Lifeline”requirements.2 T-Mobile plans to make available to qualifying low-income customers an affordable wireless handset;145 “whenever”minutes,500 night minutes,and 500 weekend minutes per month;and a Lifeline monthly rate of $6.41.Id.at 6.In its Application,T-Mobile also declares that it will comply with the Idaho Commission’s ETC requirements.In particular,the Company has filed a two- year investment plan to better serve customers once it is designated as an ETC.The Company indicates that it will be able to provide emergency services and that it will comply with the CTIA consumer protection code.Id.citing Order No.29841,App.at 3.In August 2010,T-Mobile was recognized as earning the highest ranking in J.D.Power &Associates’satisfaction survey for wireless carriers. In conclusion,T-Mobile asserts that designating it as an ETC would provide a benefit to customers in its service territory and is in the public interest.Id.at 8-10.Besides providing 2 The Lifeline program is intended to provide universal service to eligible low-income customers by using USF revenues to make telecommunications service more affordable.Idaho participates in the residential Lifeline program pursuant to Idaho Code §56-901 and Order No.21713. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32240 2 consumers with competitive pricing and new services,customers will also benefit from increased competition.ETC status “will result in consumers having greater access to wireless telecommunications services in rural areas,thereby advancing the basic goal of preserving and advancing universal service.”Id.at 9.i-Mobile requests that the Commission certify that I- Mobile may receive federal USF funds for universal service support.Id.at 11. MERGER On March 20.2011.AT&T announced plans to acquire T-Mobile USA,including all of its wholly owned subsidiaries such as i-Mobile West.In a production request,Staff asked about the impact of the proposed merger on the E1C Application.i-Mobile answered that notwithstanding the proposed merger,it “will be the designated ETC legal entity with the obligations and responsibilities of a universal service provider in Idaho.” NOTICE OF MODIFIED PROCEDURE YOU ARE HEREBY NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules of Procedure.IDAPA 31.01.01.201 through .204.The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation in past ETC cases. YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this ETC Application may file a written comment in support or opposition with the Commission within 21 days from the service date of this Order.The comment must contain a statement of reasons supporting the comment.Persons desiring a hearing must specifically request a hearing in their written comments and state why Modified Procedure is inappropriate in this case. Written comments concerning this Application shall be mailed to the Commission and the Applicant at the addresses reflected below: NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32240 Commission Secretary Mark P.Trinchero Idaho Public Utilities Commission Davis Wright Tremaine LLP P0 Box 83720 1300 SW Fifth Avenue,Suite 2300 Boise,ID 83 720-0074 Portland,OR 97201 E-mail:rnarktrinchero(àdwt.com Street Address for Express Mail: Ten Ohta 472 W.Washington Street Senior Corporate Counsel Boise,ID 83702-59 18 I-Mobile USA,Inc. 12920 SE 38th Street Bellevue,WA 98006 These comments should contain the case caption and case number shown on the first page of this document.Persons desiring to submit comments via e-mail may do so by accessing the Commission’s home page located at www.puc,idaho.gov.Click the “Comments and Questions” icon,and complete the comment form,using the case number as it appears on the front of this document.These comments must also be sent to T-Mobile at the e-mail addresses listed above. YOU ARE FURTHER NOTIFIED that the Application and supporting workpapers and exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.The Application is also available on the Commission’s web site at puc.idaho.gov by clicking on “File Room”and then “Telephone Cases.” YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission’s jurisdiction under Title 62 of the Idaho Code and specifically Idaho Code §62-61 OD.The Commission may enter any final Order consistent with its authority under Title 62. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure,IDAPA 31.01.01.000 et seq. ORDER IT IS HEREBY ORDERED that this case be processed under Modified Procedure. Interested persons wishing to file comments must do so within 21 days from the service date of this Order. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32240 4 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of May 2011. / I ,f/ /7Z( PAUL KJFLLANDERPRESIDENT MACK A.REDIibR1 COMMISSIONER kL LJZJ MARSHA H.SMITH,COMMISSIONER ATTEST: Jean D Jee1I Commission Secretary bls/O:lMW—T—10—01 dli NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32240