20120427Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

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

FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL

DATE: APRIL 27, 2012

SUBJECT: APPLICATION OF T-MOBILE WEST CORPORATION FOR
CONDITIONAL DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER; CASE NO. TMW-T-10-01

On April 11, 2012, T-Mobile West Corporation, 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.
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.”
DECISION MEMORANDUM 2
Id. A carrier must also “be designated as an ETC at the time it files its short-form application for
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 makes 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.
DECISION MEMORANDUM 3
STAFF RECOMMENDATION
Staff has reviewed T-Mobile’s Application and recommends that it be processed
through Modified Procedure with a 21-day comment period.
COMMISSION DECISION
Does the Commission wish to process T-Mobile’s Application for conditional
designation as an ETC through Modified Procedure with a corresponding 21-day comment
period?

M:TMW-T-10-01_np