20110322Application.pdf

¡P Davis Wright1111 TremalneLLP
Suite 800
1919 Pennsylvania Avenue NW
Washington, DC 20006
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Danielle Frappier
Adam Shoemaker
202.973.4200 tel
202.973.4222 faxior i MAR 22 AM 9= 55
daniellefrappier~dwt.com
adamshoemaker~dwt.com
March 21,2011
VIAFEDEX "(WI -1"- ii - 0 \
Idaho Public Utilties Commission
Att: Jean Jewell
PO Box 83720
Boise, ID 83720-0074
Re: Application of True Wireless, LLC for Designation as an Eligible
Telecommunications Carrier in the State of Idaho
Dear Ms. Jewell:
On behalf of True Wireless, LLC ("True Wireless"), please find the enclosed Application
of True Wireless for Designation as an Eligible Telecommuncations Carier in the State of Idaho
("Application") for consideration by the Commission.
Enclosed forfiing is the original Application, seven (7) copies and a Stamp and Retur
copy. Please acknowledge receipt of this by date-staping the extra copy of the Application and
retuing it in the self-addressed stamped envelope provided for that purose. Should you have
any questions regarding this Application, please do not hesitate to calL.
Danielle Frappier
Adam Shoemaker
Davis Wright Tremaine LLP
In the Matter of the Application of True )
Wireless, LLC F or Designation as an )
Eligible Telecommunications Carier)
Pursuat to 47 U.S.C. § 214(e) )
RECEi D
STATE OF IDAHO
BEFORE THE IDAHO PUBLIC UTILITS Co~~~la~~ 9: 55
l.iTi L ! \ "¡~~3 - cjc;)'ir~:;
Case NO.LWr :t- ic -0 \
APPLICATION FOR DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS CARRER
True Wireless, LLC ("True Wireless" or "Company") hereby submits ths Application,
pursuant to 47 U.S.C. § 214(e) of the Communications Act of 1934, as amended (the "Act"), and
the Idaho Public Utilties Commission's ("Commission") rules and regulationsl for designation
as an Eligible Telecommuncations Carier ("ETC") t1ioughout all exchanges indicated in
Exhibit A (the "Designated Service Area") for the purose of receiving federal Low Income
universal service support, i.e., Lifeline and Link Up. As explained herein, the public interest
would be served by granting this Application, thereby enabling True Wireless to advance
universal service by serving the basic and advanced communications needs of low income
consumers. In support of this Application, True Wireless states as follows:
I. INTRODUCTION
True Wireless is a wireless telecommuncations carier serving the basic telephone needs
of consumers. True Wireless is a Texas limited liability company authorized to do business in
Idaho, and throughout the requested Designated Service Area. True Wireless provides
Commercial Mobile Radio Services ("CMRS") to qualifying low income consumers in
Oklahoma and Texas, and proposes to provide these services in Idaho. A copy of the Company's
1 See In the Matter of
the Application ofWWC Holding Co., Inc . d/b/a Cellular-One Seeking Designation as an
Eligible Telecommunications Carrier that may Receive Federal Universal Service Support, Order No. 29841
(August 4, 2005) ("Commission Order No. 29841 ").
1
Certificate of Formation is attched as Exhibit B. True Wireless' address and telephone number
are set forth below:
True Wireless, LLC
3124 Brother Blvd., #104
Barlett, TN 38133
[phone]
True Wireless' counsel in this matter is set forth below:
Danielle Frappier
Adam Shoemaker
Davis Wright Tremaine LLP
1919 Pennsylvania Avenue, NW, Suite 800
Washington, DC 20006
[phone]
danellefrappier~dwt.com
adamshoemaker~dwt.com
II. TRUE WIRELESS MEETS THE STATUTORY AND REGULATORY
REQUIREMENTS FOR ETC DESIGNATION
True Wireless meets the requirements for designation as an ETC as established under
federal law and FCC rules 47 U.S.C. § 214(e); 47 C.F.R. § 54.201 and state regulations. In
particular, True Wireless:
. is a common carer (see 47 U.S.C. § 214(e)(l); 47C.F.R. § 54.201(d));
. will offer the services supported by federal unversal service support
mechanisms as defined in 47 C.F.R. § 54.l01(a) (see also 47 U.S.C. §
214(e)(l)(A); 47 C.F.R. § 54.201(d)(l));
. will use a combination of its own facilities and resold services to provide the
supported services (47 U.S.C. § 214(e)(I)(A); 47 C.F.R. § 54.201(d)(l));
. will provide the supported services throughout its designated service area (47
U.S.C. § 214(e)(I); 47 C.F.R. § 54.201(d));
. wil advertise the availabilty of its universal service offerings and charges for
such offerings using media of general distribution (47 U.S.C. § 214(e)(I)(B);
47 C.F.R. § 54.201(d)(2));
2
. will make available Low Income service to quaifying low income consumers
(47 C.F.R. § 54.405); and
. will demonstrate its ability to remain fuctional in emergencies (Commission
Order No. 29841 at Appendix ~(2)).
A. True Wireless Is A Common Carrier
True Wireless provides CMRS throughout its requested Designated Service Area, and as
a CMRS provider, True Wireless is regulated as a common carer (47 C.F.R. § 20.9), subject to
all applicable regulations, and therefore meets the ETC requirement of being a common carier.
B. True Wireless Offers The Services Supported By Federal Universal Service
Support Mechanisms
True Wireless wil provide each of the nine services supported by, federal universal
service support mechanisms upon designation as an ETC as set forth below.
1. Voice Grade Access To The Public Switched Telephone Network - the
ability to transmit and receive voice communications with a minimum
bandwidth of300 to 3,000 Hertz (47 C.F.R. § 54.l01(a)(l). True Wireless
meets this requirement through its provision of mobile voice
communications service and interconnection to the public switched
telephone network.
2. Local Usage - an amount of minutes of use provided free of charge (47
C.F.R. § 54.l01(a)(2)); Commission Order No. 29841 at Appendix ~(4).
True Wireless meets this requirement by providing three attactive p.ricing
plans for nationwide callng for customers qualifying for Low Income: 68
minutes of nationwide callng free; 350 minutes nationwide for $40 per
month; or unimited nationwide for $60 per month. Each package
provides Low Income customers with local, as well as long distace,
callng at competitive prices.
3. Dual Tone Multi-Frequency ("DTMF") Signaling Or Its Functional
Equivalent - a method of signaling that faciltates the transporttion of call
set-up and call detail information (47 C.F.R. § 54. 101 (a)(3)). The FCC
has recognized that, with respect to wireless cariers, it "is appropriate to
support out-of-band signaling mechanisms as an alternative to DTMF
signaling."i True Wireless meets this requirement by providing out-of-
2 In Re Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Red 8776, at ir 71 (FCC reI. May
8,1997).
3
band digital signaling and in-band multi-frequency signaling for call set-
up and termination.
4. Single Pary Service Or Its Functional Equivalent - a dedicated message
path for the length of a user's paricular transmission (47 C.F.R. §
54.l01(a)(4)). With respect to wireless cariers, "single-par service"
affords a user a dedicated message path for the length of a user's paricular
transmission. True Wireless meets this requirement with respect to each
of its service offerings.
5. Access To Emergency Services - access to emergency services includes
both access to 911 and E911 services to the extent the local governent
has implemented such services (47 C.F.R. § 54.101(a)(5)). True Wireless
meets ths requiement by providing access to 911 service and meeting all
requests for access to E911 service through local public service answering
points ("PSAPs"). Furhermore, True Wireless will remain functional in
emergencies in compliance with Commission rules.
6. Access To Operator Services - access to any automatic or live assistace
to a consumer to arange for billng or completion, or both, of a telephone
call (47 C.F.R. § 54.101(a)(6)). True Wireless meets this requirement by
providing access via a switch owned by True Wireless, which will route
customers to True Wireless' call center.
7. Access To Interexchange Service - abilty to make and receive calls using
an interexchange carier's network (47 C.F.R. § 54.l01 (a)(7)). True
Wireless meets ths requirement by providing its customers with access to
the abilty to make and receive calls over interexchange network facilties.
The FCC has determined that wireless cariers are not required to provide
equal access to interexchange service, but may be required to provide
equal access in certin special situations. 3
8. Access To Directory Assistance - makng available to customers, among
other services, access to information contained in directory listings. True
Wireless meets this requirement by providing all of its customers with
access to directory listings through use of a pound code. In the next few
months, True Wireless customers will have access to directory assistance
by dialing 411. True Wireless meets this requirement by providing access
via a switch owned by True Wireless, which will route customers to True
Wireless' call center.
9. Toll Limitation For Qualifying Low-Income Consumers - toll limitation
means both toll blocking and toll control, or, if a carier is not capable of
providing both toll blocking and toll control, then toll limitation is defined
as either toll blocking or toll control (47 C.F.R. § 54.l01(a)(9); 47 C.F.R.
3 Id. at ir 78.
4
§ 54.400(d)). True Wireless wil offer toll limitation to quaifying low
income consumers at no additional charge. True Wireless wil shortly
have the abilty to offer toll blocking and toll limitation through the switch
owned by True Wireless.
C. True Wireless Wil Use A Combination of Its Own Facilties and Resold
Facilties To Provide The Supported Services
True Wireless provides the supported services using a combination of its own facilties,
which include a switch, and resale of another carier's services. These facilties are physical
components of the telecommunications network that are used in the transmission or routing of
the service for which support is requested. Because these facilties include a switch owned by
True Wireless and leased or owned communications lines, the method by which True Wireless
provisions the supported services is consistent with the FCC's rules.4
D. True Wireless Wil Provide The Supported Services Throughout Its
Designated Service Areas
True Wireless commits to provide the supported services thoughout its Designated
Service Area, consistent with all applicable requirements, including the FCC's ETC service
provisioning requirements found in 47 C.F.R. § 54.202. To the extent a potential customer
requests service within True Wireless' Designated Service Area, but outside its existing network
coverage, True Wireless will follow the six-step process specified in 47 C.F.R. § 54.202(a)(I)(i).
Specifically, True Wireless will determine if service can be provided at reasonable cost by: (1)
modifying or replacing the requesting customer's equipment; (2) deploying a roof-mounted
antenna or other equipment; (3) adjusting the nearest cell tower; (4) adjusting network or
customer facilties; (5) resellng services from another carier's facilities to provide service; or
(6) employing, leasing, or constrcting an additional cell site, cell extender, repeater, or other
similar equipment.
4 See 47 C.F.R. § 54.201(e), (t).
5
E. True Wireless Wil Advertise The Availabilty Of Its Universal Service
Offerings And Charges For Such Offerings Using Media Of General
Distribution
True Wireless commits to advertise the availabilty of, and charges for, the supported
services using media of general distribution. Ths advertising wil occur though some
combination of media chanels, such as television and radio, newspaper, magazine and other
print advertisements, outdoor advertising, direct marketing, and the Internet. In addition, True
Wireless wil use appropriate media outlets to advertise its unversal service offerings in a
maner consistent with applicable requirements.
F. True Wireless Wil Make Available Low Income Service To Qualifying Low-
Income Consumers
Upon designation as an ETC, True Wireless will make available to qualified low income
consumers a discounted service offering that meets all applicable Low Income requirements.
Consumers increasingly rely on their mobile phones for their communications needs and
qualifying low income consumers are no exception. Low-income consumers would be the
primar beneficiaries of True Wireless' Low Income service offering. True Wireless plans to
offer three attractive pricing plans for nationwide callng for customers qualifying for Low
Income: 68 minutes of nationwide callng free; 350 minutes nationwide for $40 per month; or
unimited nationwide for $60 per month. Each package provides Low Income customers with
local, as well as long distace, callng at competitive prices.
G. Satisfaction of Applicable Consumer Protection and Service Quality
Standards
True Wireless wil comply with all applicable state and federal consumer protection and
service quality stadards. If designated as an ETC, True Wireless wil continue to provide
service on a timely basis to requesting customers within the Designated Service Area. Furher,
6
True Wireless will abide by the Cellular Telecommunications and Internet Association's
Consumer Code for Wireless Service ("CTIA Code") as required by the Commission. See
Commission Order No. 29841 at Appendix ~(3). True Wireless has already adopted the CTIA
Code and is committed to compliance with the CTIA Code thoughout its service areas,
including in those areas where it is seeking designation as an ETC.
H. Emergency Functionality.
Furthermore, True Wireless will provide service in a timely maner and will remain
fuctional in emergencies in compliance with Commission rules. See Commission Order No.
29841 at Appendix ~(2). Specifically, though the use of a combination of its own facilties
. and leased facilities, True Wireless will be able to reroute traffic around damaged facilties, has
back-up power to ensure traffc completion without an external power source, and will be able to
manage traffc spikes in cases of emergency.
I. Request for Waiver of Certain Board Requirements
As True Wireless is not seeking high-cost support for its wireless service, it hereby
requests a waiver of the following Commission rules: Commission Order No. 29841 at Appendix
~(1) (network improvement and maintenance plan based on high-cost support) and
Commission Order No. 29841 at Appendix ~C(1) (anual report of certain information based on
high-cost support). True Wireless understands that these rules relate solely to the receipt and
expenditue of high-cost fuds. Because True Wireless will not apply for or accept federal high-
cost fuding, it believes that these rules are not applicable to True Wireless' application and,
therefore, should be waived.
7
III. Designation of True Wireless As An ETC Is In The Public Interest
True Wireless meets all of the requirements for designation as an ETC by providing the
supported services, committing to serve all consumers throughout its Designated Service Area,
offering a Low Income service consistent with all applicable requirements, advertising the
availability of its universal service offerings, and fuering the goals of the universal service
program. Moreover, designation of True Wireless as an ETC is in the public interest because
consumers wil benefit from competitive pricing and new services, such as True Wireless' Low
Income plan. As True Wireless expands its network in Idaho, consumers will benefit from a
high level of service quality and more service options.
Access to wireless services is no longer a luxur, but a necessity for many economically
disadvantaged Americans. Low income consumers are mobile and transient, often balancing
multiple jobs and moving far more frequently than consumers with higher incomes, making
wireless telecommunications the only technology that trly suits their needs in most cases.
Because low income consumers spend less time during the day at a fixed location, and even less
time at a fixed location with a phone available for their use, access to wireless
telecommuncations is of crucial importce to low income consumers.
True Wireless fulfills a critical role in the marketplace by ensuring that these low income
consumers, who canot afford the services provided by other wireless providers, can stil access
these importt services. True Wireless' designation as an ETC will result in low income
consumers having greater access to wireless telecommunications services in Idaho, thereby
advancing the basic goal of preserving and advancing universal service.s Indeed, True Wireless
will pass through to its Low Income eligible customers all the federal Low Income program
5 See 47 U.S.C. §254(b).
8
discounts. Designating True Wireless as an ETC wil improve its abilty to serve these
customers, and thus wil serve the public interest.
iv. Certification For Use Of Universal Service Funds
True Wireless certifies that it wil use federal low income universal service support only for the
provision, maintenance, and upgrading of facilities and services for which the support is
intended, in accordance with 47 U.S.C. § 254(e).
V. Conclusion
True Wireless respectfully requests designation as an ETC for the Designated Service
Area for purposes of receiving federal universal service support.
Dated this 21 st day of March, 2011.
Respectfully submitted,
True Wireless, LLCBY~lJi~Q~
Danielle Frappier
Adam Shoemaker
Davis Wright Tremaine LLP
1919 Pennsylvania Avenue, NW, Suite 800
Washington, DC 20006
[phone]
9
VERIICATION
STATE OF TENNESEE
SHELBY COUNTY
Brian Cox, CEO of True Wireless, LLC, being duly sworn, says that the facts and
allegations contaed in the attched petition are tre, except so far as they ar therein stated to
be on information, and that, so far as they are therein stated to be on information, he believes
them to be tre.
~
Taken, sworn and subscribed before me ths Jh day of March, 2011.
My commssion expires on the \ \ r'" O(l"\ of oC~~ '2D \ L\
DWl 16717753vl 0025901
Exhibit A - Designated Service Area
Exhibit B - Certificate of Formation
List of Exhibits
Exhibit A
Designated Service Area
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Qwest Corporation - Wire Centers in Idaho
QWEST CORPORATION
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Page 1 of2
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Qwest Corporation - Wire Centers in Idaho
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Page 2 of2
ExhibitB
Certificate of Formation
: ~::::::::: ::::::::::::: :::::::::::::::::::::::::::::::::::::
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Secretary of State of Texas .....i",,'
Filng #: 8010013600710812008
Document #:221532330002,
Certificate of Formation Image Generated Electronically
I,Limited Liabiliy Company for Web Filng,..."..........,....,.,.,.,.,.,.,.".,....,.,... ....... ..... ....... ....... ..¡.__h___nnn_______nnn_________n_____________nnn_________nn~_ n.nnnn______________:____nnnn___~n___n__.nu.______::.__._n_:______n__:nnn___nh_~__u___________~ j
¡isecretary of State
iip.o. Box 13697
'~ustin, TX 78711.3697
.iFAX: 512/463-5709
'iFilng Fee: $300
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Article 1 - Entity Name and Type
¡The filing entity being formed is a limited liabilty company. The name of the entity is:
.,......,....,..,...,.....,................,..".."..".,"..,..................,........,...liTRUE Wireless. LLC
'¡The name of the entit must contain the words "Limited Liabilit Company" or "Limited Company," or an accepted abbreviation of such terms. The
,¡name must not be the same as, deceptively similar to or similar to that of an existing corporate, limited liabilit company, or limited partnership
,iriiill~()rifil~Ylt~t~~~E!c:r~taryofstiite:AprE!lilliriiirycht!kr()rd'riall~ii"'aila~i1ity'di~rt!()IlIlE!n~ed. .. .. .. .. ... ..... ...... .. .. .. .. ... . ,
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Article 2 - Registered Agent and Registered Office
'lltA. Theinitial.r~Qi~t~r~(jaQ~nti~an()rQanization J~nn()t~.~..~rTpanynarT~(jab(),,~)~ythe narT~()f:
'¡National Registered Agents, Inc.
i ig. .,.he. b~sinessaddress()f t~~. regist~red. ~g~nt .afld' the' registered()ffce~d(jressis:
l¡Street Address:
i11~055 ~pat:egl!l1ter,~uite 235 Houston TX 77062
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JpB:.The .initial. reQisteredagent.isanindi"idual.resident of the state .whose narTe. is setforthbelo..:..
Article 3 - Governing Authority
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iDA. The limited liability company is to be managed by managers.
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'i~l3.ThenrTit~dlia~ilitYi:()rTpany..illn()t~a,,~ .rTanag~r~:l\al1aQ~rT~nt of th~ c()rTpanyis. res~ry~(jt()t~~mrT~rT~~r~:
lThe names and addresses of the governing persons are set forth below:
irM-a-nag¡-ng--Member--1-~--(B~s¡neS~-Name)---LosfKey--teiecom~Tnc:-------------------------- -------------------------------
'Äddress: 5783 Grand Lagoon Blvd. Pensacola FL, USA 32507p...,...........................................................".,.,.,...,',.,",',.,...,.,.
'¡Managing Member 2: (Business Name) Energycomnetwork,lIci
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i~~~r~~~:~~~I:¡:l)tSeminäry--Drives-uiteB--Foit-Worth-fx,-USA76115----------- -
Article 4 - Purpose
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'iThe purpo-seforWhich-the company is org8n-ize-d is-¡orThe-transactionofany and alllawft.ibusiness for which limited
liliabilty companies may be organized under the Texas Business Organizations Code.
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Supplemental Provisions / Information
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,¡(The attached addendum, if any, is incorporated herein by reference.):I
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Organizer
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'iThËúiam-e--and--acfej'reSs of the-organ-izer are seffoitti- below-:------------------- ------------------------------------------------------------------
¡¡Tania Lemus 7083 Hollywood Blvd.. Ste. 180. Los Angeles. CA 90028
Effectiveness of Filing
I:RiA:-rhi~d~~úrneriib~~~ir~s~ffeCiive.Vlh~~.th~docuir~~i.iS.fï'ied.by.ihe.~~~~etaryotstate. - - - - - - - - ------ - --------,
OR
I¡Ds. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its
,i~igninQ~T~~a~l~y~a~ffe~iy~a~t~i~: , , , , """ """ """ , """ """ """""" """"""" """
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,¡or fraudulent instrument.
:¡Tania Lemus, Legalzoom.com, Inc.
,iSignature of Organizer --------------------------------------------------------------------------------_.__.~._.j
FILING OFFICE COPY