20120622order_no_32581.pdf

Office of the Secretary
Service Date
June 22,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF T-MOBILE WEST CORPORATION )CASE NO.TMW-T-1O-O1
FOR CONDITIONAL DESIGNATION AS )
AN ELIGIBLE TELECOMMUNICATIONS )
CARRIER )ORDER NO.32581
______________________________________________________________________________
)
On April 11,2012,T-Mobile West Corporation,a wholly owned subsidiary of T
Mobile U.S.A.,Inc.(“T-Mobile”or “Company”),filed an Application,pursuant to 47 U.S.C.§
214(e)(2),47 C.F.R.§54.1003,and Order No.29841,seeking conditional designation as an
eligible telecommunications carrier (“ETC”)in the State of Idaho for the purpose of participating
in the Mobility Fund Phase I Auction to be held at the Federal Communications Commission
(FCC)on September 27,2012.Application at 1-2.
On May 3,2012,the Commission issued a Notice of Application and Modified
Procedure establishing a 21-day comment period.See Order No.32543.Commission Staff
(“Staff’)was the only party to submit written comments within the established comment period.
On May 31,2012,T-Mobile filed a Notice of Impending Name Change with the
Commission.T-Mobile advised the Commission that effective June 25,2012,the Company will
change its business name from T-Mobile West Corporation to T-Mobile West LLC.
THE APPLICATION
In its Application,T-Mobile describes the logistics of the FCC’s upcoming Mobility
Fund Phase I Auction.The Company states that “the FCC,in its USF/ICC Transformation
Order,established for the first time a universal service support mechanism dedicated exclusively
to mobile services —the Mobility Fund.”Id.at 2.The Auction will provide “$300 million in
one-time support to ‘immediately accelerate deployment of networks for mobile voice and
broadband services in unserved areas.”Id.
According to T-Mobile,“there are numerous unserved census block groups in Idaho
where carriers may bid to receive Mobility Fund support to build infrastructure over which to
deliver 3G or better broadband and voice service.”Id.In order to participate in the Auction “a
carrier must be designated as an ETC in all census blocks for which it desires to submit a bid.”
Id.A carrier must also “be designated as an ETC at the time it files its short-form application for
ORDER NO.32581 1
participation in the auction.”Id.T-Mobile states that the FCC has not yet set a deadline but
estimates that its short-form application could be due as early as June 29,2012.Id.at 2-3.
T-Mobile wishes “to participate in the FCC’s Mobility Fund Phase I auction to bring
voice and mobile broadband services to unserved areas in Idaho....“Id.at 3.As a facilities-
based telecommunications carrier currently operating in Idaho,T-Mobile seeks the additional
Commission approval “necessary to be eligible to participate in the Mobility Fund Phase I
auction for census blocks outside its existing ETC Area.”Id.“T-Mobile seeks ETC designation
for census blocks outside its existing ETC Area that is conditioned upon T-Mobile winning
support from the Mobility Fund Phase I auction....“Id.
T-Mobile is a facilities-based wireless telecommunications carrier.The Company has
been granted ETC status in nine state jurisdictions and one U.S.territory:Idaho,Florida,
Georgia,Hawaii,Kentucky,Louisiana,Minnesota,North Carolina,Washington,and Puerto
Rico.Id.at 4.Thus,as previously determined by the Commission in TMW-T-10-01 (Order No.
32319,August 9,2011),the Company meets all of the requirements established by federal law,
FCC rules,and the Commission’s ETC Requirements Order for designation as an ETC in Idaho.
Id.at 7-8.
T-Mobile believes that Commission approval of its Application would serve the
public interest because it would allow T-Mobile “to bid in the FCC’s Auction 901 and,if
successful,deploy mobile wireless infrastructure in order to provide mobile voice and broadband
service to unserved areas of the state that would benefit consumers in rural Idaho.”Id at 3.
Because time is of the essence in the filing of its short-form application with the FCC,“T-Mobile
requests expedited review and consideration of its Application.”Id.
In summary,T-Mobile’s Application made the following requests:
1.Conditional ETC designation in areas outside of T-Mobile’s existing ETC
area where it is awarded Mobility Fund support;
2.A copy of the Order designating T-Mobile as an ETC for census blocks
outside its existing ETC area be sent to the FCC and the Universal Service
Administrative Company;and
3.Such other relief as may be appropriate.
Id.at 20.
ORDERNO.32581 2
STAFF COMMENTS AND RECOMMENDATION
Staff began its comments with an overview of Auction 901 arising out of the FCC’s
November 201 1 USF/ICC Transformation Order (“Order”).Staff Comments at 2.In the Order,
the “FCC set aside $300 million to be used to increase the availability of current generation
mobile broadband and mobile voice across the country.”Id.Auction 901 seeks to incentivize
the deployment of “3G or better mobile voice and broadband services in census blocks where
such services are unavailable.”Id.Auction winners “will be obligated to choose whether to
deploy 3G service within two years or 4G within three years of the award.”Id.Applicants to
Auction 901 “must demonstrate,for the areas on which it wishes to bid,that it has been
designated as an ETC and has access to the spectrum necessary to satisfy the applicable
performance requirements.”Id.at 3 (citing Auction 90]Procedures Public Notice ¶32).
Staff referenced the s February 10,2012 Notice,DA 12-187,which includes an
updated list of potentially eligible Census Blocks in Idaho.Id.
Census Block information for Idaho
Total No.of Tracts with Unserved Blocks 93
Total No.of Counties with Unserved Blocks 39
Total Population of Unserved Blocks 43,207
Total Area (square miles)of Unserved Blocks 38,962
Pre-Auction Dates and Deadlines
FCC Form 180 (Short Form)Application
Filing Window Opens 6/27/12;12:00 noon ET
FCC Form 180 (Short Form)Application
Filing Deadline 7/11/12;6:00 p.m.ET
Mock Auction 9/25/12
Auction Start 9/27/12
Specific Mobility Fund Phase 1 Eligibility Requirements and Certifications
1.ETC Designation Certification.Auction 901 Applicants must be
designated as an ETC pursuant to Section 214 of the Communications Act
in any geographic area for which it seeks support,with the exception of
Tribally-owned or controlled entities.The entity,and not a subsidiary or
parent holding company,must be designated by a State or the FCC as an
ETC in that geographic area to be eligible to participate in the auction.
ETC status carries with it certain obligations.A party might obtain the
ORDER NO.32581 3
required ETC designation but may not be subject to the obligations unless
and until it is awarded Mobility Fund support.The FCC will allow a party
to participate in the auction if it has an ETC designation conditioned upon
the party winning support in the auction.
2.Access to Spectrum Description and Certification.Pursuant to the
USF/ICC Transformation Order,any applicant for Auction 901 must have
access to the necessary spectrum to fulfill any obligations related to
support.
3.Financial and Technical Capability Certification.The FCC requires that an
applicant certify in the pre-auction short-form application that it is
financially and technically capable of providing 3G or better service
within the specified timeframe in the geographic areas for which it seeks
support.
4.Certification that Applicant will not Seek Support for Areas in which It
has made a Public Commitment to Deploy 3G or Better Service by
December 31,2012.The FCC requires each applicant for Auction 901
support to certify that it will not seek support for any areas in which it has
previously made a public commitment to deploy 3G or better wireless
service by December 31,2012.
Id.at 3-4.Staff believes that T-Mobile meets the first three requirements and that the Company
will be required by the FCC to meet the last requirement upon participation in Auction 901.Id.
at4.
Staff then reviewed the public interest benefit of awarding the Company a conditional
ETC designation.Id Staff verified that T-Mobile is remitting ITSAP fees to the program
Administrator.Id.at 6.Staff believes that T-Mobile has the ability to remain functional in
emergency situations.Id at 7.The Company’s Emergency Operation Plan demonstrates that it
“has a reasonable amount of back-up power to ensure functionality without an external power
source,is able to re-route traffic around damaged facilities,and is capable of managing traffic
spikes resulting from emergency situations.”Id.
Finally,Staff believes that T-Mobile meets the other requirements for ETC
designation outlined in Appendix 1 of Order No.2984,including:(1)common carrier status;(2)
provide federally designated universal services;(3)advertise the availability and pricing of its
universal service offering;(4)demonstrate commitment and ability to provide supported service;
(5)demonstrate commitment to consumer protection and service;(6)offer an adequate
description of its local usage plan;and (7)tribal notification.Id.at 7-8.
ORDERNO.32581 4
Upon completion of its review of T-Mobile’s Application for conditional designation
as an ETC,Staff recommended that the Commission approve the Application for the purpose of
participating in the Mobility Fund Phase I Auction for areas outside of its existing ETC area and
only in the areas in which it is awarded Mobility Fund Support.Id.at 8.Staff believes that T
Mobile’s Application for a conditional ETC designation in the unserved census blocks in Idaho
is in the public interest.Id.
COMMISSION FINDINGS AND DECISION
The Commission has reviewed T-Mobile’s Application seeking conditional ETC
designation in select unserved census blocks in Idaho in order to participate in the FCC’s
upcoming Mobility Fund Phase I auction.T-Mobile has previously demonstrated that it satisfies
the technical requirements for ETC designation set forth in 47 U.S.C.§214(e)(l)and
Commission Order No.29841.See Order No.32319.The Commission finds that granting T
Mobile conditional ETC status in those select areas in order to facilitate the deployment of
broadband and voice services in heretofore unserved areas in Idaho is in the public interest.The
expansion of broadband and voice services throughout Idaho will provide direct and substantial
benefits to Idaho residents.Thus,the Commission herein approves T-Mobile’s Application for
conditional ETC status.
The Commission acknowledges that effective June 25,2012,T-Mobile West
Corporation will operate its business in Idaho under a new business name,T-Mobile West LLC.
The Company’s previous ETC designation,granted pursuant to Order No.32319,and
conditional ETC designation shall reflect the business name change to T-Mobile West LLC.
ORDER
IT IS HEREBY ORDERED that the Application of T-Mobile West Corporation
requesting conditional ETC designation in select census areas in the State of Idaho outside of its
existing ETC Area for the purpose of participating in the FCC’s Mobility Fund Phase I Auction
is approved.
IT IS FURTHER ORDERED that T-Mobile’s ETC designation in these select areas
outside of its existing ETC area shall be conditioned upon the Company submitting a successful
bid in the FCC’s upcoming Mobility Fund Phase I auction.
ORDERNO.32581 5
IT IS FURTHER ORDERED that effective June 25,2012,the Company’s ETC
designation in Idaho shall be amended to reflect the change in its business name from T-Mobile
West Corporation to T-Mobile West LLC.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of June 2012.
PAUL KJ LAND,PRESIDENT
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MARSHA H.SMITH,COMMISSIONER
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COmmission Secretary
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ORDERNO.32581 6