20181219notice_of_application_order_no_34221.pdf

Office of the Secretary
Service Date
December 19,2018
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )CASE NO.VCS-T-18-01
OF VIASAT CARRIER SERVICES,INC.FOR )
DESIGNATION AS AN ELIGIBLE )NOTICE OF APPLICATION
TELECOMMUNICATIONS CARRIER )
)NOTICE OF
)MODIFIED PROCEDURE
)ORDER NO.34221
On September 27,2018,Viasat Carrier Services,Inc.("Viasat"or the "Company")
applied'to the Commission for an order designating it as an eligible telecommunications carrier
(ETC)in specific Idaho census blocks.The Company needs ETC designation so it can receive
funding it was provisionally awarded2 under the Federal Communications Commission (FCC)
Connect America Fund Phase II Auction (CAF II Auction).Application at 1-2.With this Order,
we provide notice of the Application and invite interested persons to comment on it.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Viasat asserts that Section 214(e)(2)of the
Communications Act of 1934 (Act),the FCC's rules and regulations at 47 C.F.R.§§54.101 et
seq.,and Idaho Public Utilities Commission Order No.29841,govern designation as an ETC.
YOU ARE FURTHER NOTIFIED that Viasat states it must be designated as an ETC
in specific eligible Census Block Groups by February 25,2019.Application at 2.The service
areas for which the Company requests designation include 127 Census Block Groups in Idaho,as
set forth in Exhibit A to the Company's Application.
YOU ARE FURTHER NOTIFIED that Viasat states it has a Certificate of Registration
to transact business in the State of Idaho.See Supplementto Application at 4 and Exhibit B thereto.
YOU ARE FURTHER NOTIFIED that Viasat claims it satisfies relevant ETC statutory
requirements because it will:(1)provide service on a common carrier basis;(2)offer voice
telephony and broadband services supported by federal universal service support (includingvoice
i Viasat filed a Supplement to its Application with the Commission on December 12,2018.
2 ViaSat,Inc.("VSI"),the parent company of Viasat Carrier Services,Inc.,was awarded the CAF II Auction funding
and,it claims,properly assigned its winningbid to Viasat.See Application at 4.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.34221 1
grade access to the public switched telephonenetwork and broadband internet access);(3)comply
with high-cost universal service support rules (see 47 C.F.R.§54.101(c));(4)provide Lifeline
service according to FCC rules (see 47 C.F.R.§54.101(d));(5)offer standalone telephony rates
reasonably compared to urban rates;and (6)provide supported services throughoutthe designated
CAF II Auction award service areas.Application at 10-11.
YOU ARE FURTHER NOTIFIED that Viasat claims it will advertise its universal
service offerings and charges using media of general distribution,and by notifying Tribal
authorities in Idaho.Id.at 10-13.It further believes ETC designation would be in the public
interest,and commits that it can provide supported services,remain functional in emergencies,
fulfill the Commission's reporting requirements,and protect consumers who use the Company's
services.Id.at 13-14.
YOU ARE FURTHER NOTIFIED that Viasat claims it will utilize broadband
technologies and services through an "end-to-end platform of high-capacity Ka-band satellites,
ground infrastructure and user terminals ...provid[ing]cost-effective,high-speed,high-quality
broadband solutions to enterprises,consumers and government users around the globe."Id.at 2.
YOU ARE FURTHER NOTIFIED that Viasat states it is qualified to meet applicable
CAF II obligations given of the technical and commercial success its parent company,VSI,has
demonstrated as a provider of satellite broadband services and equipment.Id.at 6.The Company
states the FCC has reviewed VSI many times,and VSI has received multipleFCC licenses and
authorizations.Id.VSI also holds patents in satellite technology and,as is evidenced by its
confident participation in the CAF II Auction,has extensive and qualified staff and can fulfill its
obligations as an ETC.Id.
YOU ARE FURTHER NOTIFIED that the Application and attached exhibits have
been filed with the Commission and are available for public inspection during regular business
hours at the Commission offices.The Application and testimonies are also available on the
Commission's web site at www.puc.idaho.gov.Click on the "File Room"tab at the top of the page,
scroll down to "Open Telecom Cases,"and then click on the case number as shown on the front
of this document.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determinedthat the public
interest may not require a formal hearing in this matter and will proceed under Modified Procedure
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.34221 2
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.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in supportor opposition with the Commission no
later than January 8,2019.The comment must contain a statement of reasons supporting the
comment.Persons desiring a hearing must specifically request a hearing in their written
comments.Written comments concerning this Application shall be mailed to the Commission and
the Applicant at the addresses reflected below:
Commission Secretary Jason Sophinos
Idaho Public Utilities Commission Associate General Counsel
PO Box 83720 ViaSat,Inc.
Boise,ID 83720-0074 349 Inverness Drive South
Englewood,CO 80112,USA
Street Address for Express Mail:Tel:[phone]
Email:[e-mail]
472 W.Washington Street
Boise,ID 83702-5918 Copy to:
Michael P.Donahue
Alex Schneider
Marashlian &Donahue,PLLC
1420 Spring Hill Road,Suite 401
Tysons,VA 22102
Tel:[phone]
Fax:[phone]
Email :[e-mail]
[e-mail]
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 "Utility Case Comment or
Question Form"under the "Consumers"tab.Complete the comment form using the case number
as it appears on the front of this document and click "Submit."
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set,the Commission will consider this matter on its merits and enter its order
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.34221 3
without a formal hearing.If written comments are received within the time limit set,the
Commission will consider them and,in its discretion,may set the same for formal hearing.
YOU ARE FURTHER NOTIFIED that the Company shall file reply comments,if
necessary,no later than January 15,2019.
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 §§62-610D,62-615,and 62-622.The Commission may enter any final order consistent
with its authorityunder 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,and Idaho Code §62-619.
ORDER
IT IS HEREBY ORDERED that this matter be processed by Modified Procedure,
IDAPA 31.01.01.201-.204.Persons interested in submitting written comments in this matter must
do so no later January 8,2019.The Company may file reply comments by no later than January
15,2019.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.34221 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of December,2018.
PA KJELLAN ,RESIDENT
KRIS RAP ,MISSIONER
ERIC ANDERSON,COMMISSIONER
Diane M.Hanian
Commission Secretary
I:\Legal\TELEPHONE\VCS-T-18-01\VCSTl801nte app mod proc sc
NOTICE OF APPLICATION
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ORDER NO.34221 5