20160122notice_of_application_order_no_33453.pdf

Office of the Secretary
Service Date
January 22,2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF I-WIRELESS,LLC’S )
APPLICATION:FOR DESIGNATION AS AN )CASE NO.WIRT1501
ELIGIBLE TELECOMMUNICATIONS )
CARRIER )NOTICE OF APPLICATION
)
)NOTICE OF
)MODIFIED PROCEDURE
)
_______________________________
)ORDER NO.33453
On October 20,2015,i-wireless,LLC (the Company)applied to the Commission for
an Order designating it as an “eligible telecommunications carrier”(ETC)to provide Lifeline
service to qualifying Idaho consumers.The Company filed 15 exhibits with its Application.On
January 8,2016,the Company filed a Letter with supplemental information,and on January 13,
2016,the Company filed a Notice of Mailing to Tribes.The Company requested that the matter
be processed by Modified Procedure.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that i-wireless provides “commercial mobile radio
service”(CM:RS)throughout the country,and prepaid wireless telecommunications services
using the Sprint Spectrum,L.P.network “on a wholesale basis to offer nationwide service.”
Application at 2-3.Using Sprint’s wireless network,the Company operates as a Mobile Virtual
Network Operator (MVNO).Id.at 3.The Company requests ETC status for service areas
throughout Idaho,as set forth in Exhibit 14 to the Company’s Application.Id.at 21-22.The
Company asks that its designation include authority to participate in and receive reimbursement
from the Idaho Telephone Service Assistance Program (ITSAP).January 8,2016 Letter.
YOU ARE FURTHER NOTIFIED that i-wireless notes that it has requested and been
designated as an ETC in Arkansas,Arizona,California,Colorado,Georgia,Iowa,Illinois,
Indiana,Kansas,Kentucky,Louisiana,Maryland,Michigan,Minnesota,Mississippi,Missouri,
Nebraska.Nevada,Ohio,Oregon,Pennsylvania,Rhode Island,South Carolina,Texas,U:tah,
Washington.West Virginia,and Wisconsin,and by the FCC in Alabama,Connecticut,Delaware,
District of Columbia,Florida,New Hampshire,New York,North Carolina,Tennessee,and
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33453 1
Virginia.Application at 3,citing In the Matter of Federal-State Joint Board on Universal
Service,i-wireless,LLC Petition for Limited Designation as an Eligible Telecommunications
Carrier,WC Docket No.09-197,Order,DA 12-934 (rel.June 13,2012).At the time i-wireless
filed its Application here,the Company also had applications pending in Hawaii,Massachusetts,
New Jersey,Oklahoma,and South Dakota.Application at 3.The Company maintains that it has
never had a petition for ETC designation denied.Id.
YOU ARE FURTHER NOTIFIED that the Company asserts this Commission has
authority to designate it an ETC under federal law,and notes that the Commission has designated
numerous carriers including wireless carriers —as ETCs in Idaho.Id.at 14-15,citing 47
U.S.C.§214(e);see also Idaho Code §62-615(1);Order No.29841.The Company
acknowledges that,under 47 U.S.C.§214(e)(l)of the federal Telecommunications Act,ETCs
must offer services,at least in part,over their own facilities.Application at 15.However,i
wireless petitioned to the FCC and was granted forbearance with respect to “the facilities-based
service requirement Lifeline-only ETC designation.”Id.;Exh.10 (i-wireless Forbearance
Order).Accordingly,i-wireless asserts it is entitled to ETC designation under 47 U.S.C.§
214(e)(2),which authorizes state commissions to designate wireless ETCs.Application at 15-
16,citing Federal-State Joint Board on Universal Service,First Report and Order (“(1SF
Order”),12 FCC Red 8776,8858-59,¶145 (1997).
YOU ARE FURTHER NOTIFIED the Company contends that,given the FCC’s
forbearance as to the “own facilities”requirement of Section 214(e)(1),it satisfies the
requirements for designation as an ETC.Application at 16.Specifically,the Company asserts
that it:(1)is a common carrier;(2)commits and is able to provide services supported by federal
universal support mechanisms;(3)will advertise the availability of supported services;(4)
commits to provide service throughout its service area in Idaho;’(5)is capable of remaining
functional in emergency situations;(6)is committed to consumer protection and service;(7)
describes its local usage plan,which it contends will meet or exceed incumbent local exchange
i-wireless asserts it is not required to submit a five-year network improvement plan as part of its Application for
designation as an ETC.Application at 22,citing In the Matter ofLfèline and Link Up Reform and Modernization,
L’feline and Link Up,Federal-State Joint Board on Universal Service,Advancing Broadband Availability Through
Digital Literacy Training (“Lifeline and Link Up Reform Order”)27 F.C.C.R.6656 at ¶386 (rel.Feb.6,2012).
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33453
carrier (ILEC)plans;2 (8)will promote the public interest,convenience and necessity;(9)will
comply with requirements imposed by this Commission for ETC status,including reporting
requirements;3 and (10)has provided notice of its Application to the affected tribal governments
and tribal regulatory authorities.Id.at 1 8-28;Notice of Mailing to Tribes.The Company also
states it will comply with applicable ITSAP regulations,including but not limited to required
monthly reporting and execution of a Memorandum of Understanding with the Department of
Health and Welfare.January 8,2016 letter.
YOU ARE FURTHER NOTIFIED that the Company asserts granting it ETC
designation will “promote competition and innovation,and spur other carriers to target low-
income consumers,”and “help assure that quality services are available at ‘just,reasonable,and
affordable rates”as contemplated in the Telecommunications Act.Application at 28.Granting
it ETC designation will,the Company states,“further the public interest by providing Idaho
consumers,especially low-income consumers,with low prices and high quality services.”Id.at
26.“[Djesignating i-wireness as an ETC would significantly benefit low-income consumers
eligible for Lifeline service in the State of Idaho —the intended beneficiaries of universal
service.”Id.
YOU ARE FURTHER NOTIFIED that the Application,attached exhibits,
supplemental letter,and Notice of Mailing to Tribes have been filed with the Commission and
are available for public inspection during regular business hours at the Commission offices.
These documents are also available on the Commission’s website at www.puc.idaho.gov.Click
on the “File Room”tab at the top of the page,scroll down to “Open Telephone Cases,”and then
click on the case number WIR-T-15-01.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
2 i-wireless notes it is no longer required to demonstrate that it offers a local usage plan “comparable”to that of the
incumbent local exchange carrier,nor certification that the FCC may require it to provide equal access to long-
distance carriers.Application at 23-24,citing L(feline and Link Up Reform Order at §208;revised 47 C.F.R.§
54.202(a).
The Company requests a waiver from the requirement that it submit a two-year network improvement and
maintenance plan based on high-cost support,as it is not seeking high-cost support for its wireless service.
Application at 25,citing Order No.29841,Appendix §D.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33453 3
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.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
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.Written comments concerning this Application shall be mailed to the
Commission and the Applicant at the addresses reflected below:
Commission Secretary Lance J.M.Steinhart,Managing Attorney
Idaho Public Utilities Commission Lance J.M.Steinhart,P.C.
P0 Box 83720 Attorneys for i-wireless,LLC
Boise,ID 83720-0074 1725 Windward Concourse,Ste.150
Alpharetta,GA 30005
Street Address for Express Mail:E-mail:1steinhart(itelecomcounsel.com
472 W.Washington Street
Boise,ID 83702-5918
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 “Case Comment Form”
under the “Consumers”tab,and complete the comment form,using the case number as it appears
on the front of this document.These comments must also,however,be c-mailed to the
Applicant at the e-mail address listed above.
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 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 all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 62 of the Idaho Code and specifically
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NOTICE OF MODIFIED PROCEDURE
ORDER NO.33453 4
Idaho Code §sS 62-610D,62-615,and 62-622.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,and Idaho Code
§62-619.
ORDER
IT IS HEREBY ORDERED that this matter be processed by Modified Procedure,
IDAPA 31.0l.01.201-.204.Persons interested in submitting written comments in this matter
must do so no later than 21 days from the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 22fr,d
day of January 2016.
PAUL KJELLAJDE ,PRESIDENT
KRISThJE RAPER,COMMISSIONER
ATTEST:
Diane Holt
Assistant Commission Secretary
O:WIR-T-1 5-0 ldh
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33453
ANDERSON,COMMISSIONER