20100730Notice of Relinquishment.pdf

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AM H: 54 Chas. F. McDevitt
Dean J. (Joe) Miler
July 30, 2010
Via Hand Delivery
Jean Jewell, Secreta
Idaho Public Utities Commssion
472 W. Washigton St.
Boise, Idaho 83720
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RE: WWC Holdig Company
Dear Ms. Jewell:
Enclosed for fig, please fid an origial and seven (7) copies ofWWC Holdig Co., Inc., Notice
of Reliquishment of Designation as an Elible Telecommuncations Carer.
Kidly retu fie stamped copies to me.
Very try yours,
McDEVITT & MIll Ii~Ui
Dean J. Mier
DJM/hh
Enclosures
"
OR\G\NAL~
Dean J. Miler (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
joe(ámcdevitt-miler.com
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Attorney for WWC Holding Co., Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE NOTICE OF
WWC HOLDING CO., INC. FOR
RELINQUISHMENT OF ITS
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRER
Case No. vv S r- l- 06' - ö I
WWC HOLDING CO., INC. NOTICE
OF RELINQUISHMENT OF
DESIGNATION AS AN ELIGIBLE
TELECOMMUNCATIONS CARER
WWC Holding Co., Inc. (WWC) pursuat to Idaho Code § 62-610D(4), 47
U.S.C. § 214(e)(4) and 47 C.F.R. 54.205, for its Notice of Relinquishment of Designation
as an Eligible Telecommuncations Carer (ETC), states the following:
1. Order No. 29791 in Case No. WST-T-05-1 i dated May 27,2005 (the
"Designation Order"), designated WWC, a commercial radio service provider, an ETC
pursuat to 47 U.S.C. §214.
2. The ETC designated area of WWC includes the non-ru telephone company
service areas identified in the Designation Order (the "Designted Area"). The Universal
1 IN THE MATTER OF THE APPLICATION OF WWC HOLDING CO., INC. DBA CELLULAR
ONE SEEKING DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRER
THAT MAY RECEIVE FEDERAL UNIVERSAL SERVICE SUPPORT, Case No. WST-T-05-1
(2005).
WWC HOLDING CO., INC. NOTICE OF RELINQUISHMENT OF DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS CARRER-l
Service Administrative Company ("USAC") has assigned study area code number
479004.
3. In 2005, WWC was acquired by and became a subsidiar of Alltel Corporation
and more recently, on Janua 9, 2009, Alltel Corporation and its subsidiares, including
WWC, were acquired by and became subsidiares of Cellco Parership, d//a Verizon
Wireless (Verizon Wireless). WWC is, therefore, now a subsidiar ofVerizon Wireless.
4. As a condition of the acquisition of Alltel Corporation and its subsidiares,
Verizon Wireless was required to divest (sell) all customers, the network serving those
customers and cert other WWC assets in the Designated Area.2 On April 26, 2010, all
the customers and network serving those customers and certn other assets of WWC in
the Designated Area were transferred to and became assets and customers of Alled
Wireless Communications Corporation ("Alled"). WWC therefore no longer has any
customers in the Designated Area.
5. As set forth in Idao Code § 62-61OD(4), approval of relinquishment of ETC
designation by a competitive ETC is mandatory as follows:
"The commission shall permit an eligible telecommuncations carer to relinquish
its designation as such a carer in any area served by more than one (1) eligible
telecommunications carer. An eligible telecommuncations carer that seeks to
relinquish its eligible telecommuncations carer designation for an area served
by more than one (1) eligible telecommuncations carer shall give no less than
thirt (30) days notice to the commission of its intent to relinquish such
designation. Prior to permitting a telecommuncations carer designated as an
eligible telecommunications carer to cease providing unversal service in an area
served by more than one (l) eligible telecommuncations carer, the commission
shall require the remaining eligible telecommunications carer or carers to
2Applications of
Cell co Partnership d/b/a Verizon Wireless and Atlantis Holdings LLCfor Consent to
Transfer Control of Licenses, Authorizations, and Spectrum Manager and de Facto Transfer of Leasing
Arrangements, WT Docket No. 08-95, Memorandum Opinion and Order and Declaratory Ruling, 23 FCC
Rcd 17444 (2008).
WWC HOLDING CO., INC. NOTICE OF RELINQUISHMENT OF DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS CARRER-2
ensure that all customers served by the relinquishing carer will continue to be
served."
(emphasis added). 47 U.S.C. § 214(e)(4) and 47 C.F.R. 54.205 contain nearly identical
provisions.
6. WWC satisfies the above because the Designated Area is served by at least one
other ETC, specifically Qwest, it has fied this notice and because as explained above it
curently has no customers in the Designated Area. As WWC has no customers and no
customers will be afected by the relinquishment, there are no customers that the
Commission need ensure will continue to be served or that the remaining ETC purchase
or constrct adequate facilties as a result of ths relinquishment. Therefore, WWC is
qualified to relinquish its ETC designation as provided in Idaho Code § 62-61OD(4), 47
U.S.C. § 214(e)(4) and 47 C.F.R. 54.205, and notice to customers and the remaing
eligible telecommuncations cariers is unecessar as they will be unaffected by the
relinquishment.
7. Following its transfer of the customers and assets in the Designated Area,
WWC informed the Universal Service Administrative Company (USAC) that it is no
longer eligible for support for the customers transferred to Allied and upon approval of
ths relinquishment it will inform USAC that the relinquishment is completed. As a
result of this relinquishment, WWC does not intend to fie an anua certification or : other
compliance filings with ths Commission.
WWC HOLDING CO., INC. NOTICE OF RELINQUISHMENT OF DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS CARRER-3
8. Please address any questions with respect to this notice to:
Dean J. Miler
McDEVITT & MILLER LLP
P.O. BOX 2564-83701
Boise, Idaho 83702
joe(gmcdevitt-miler.com
And
Stephen B. Rowell
Verizon Wireless
One Alled Drive
Little Rock, Arkansas 72203
5019058460
Stephen.rowell($verizonwireless.com
Wherefore, WWC, having provided notice in compliance with law and having
fulfilled the requirements of law, requests that an order be entered effective immediately
or upon the expiration of thirt (30) days afer this filing, acknowledging that it properly
relinquished and is relieved of its designation as an eligible telecommunications carer
with respect to those areas identified in the Designation Order.
DATED ths "Y day of July, 2010.
WWC HOLDING CO., INC.
By~L
Dean J. Miler
Attorney for WWC Holdings Inc.
WWC HOLDING CO., INC. NOTICE OF RELINQUISHMENT OF DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS CARRER-4
CERTIFICATE OF SERVICE
I hereby certify that on the ~ay of July, 2010, I caused to be served, via the
method(s) indicated below, true and correct copies of the foregoing document, upon:
Jean Jewell, Secreta
Idaho Public Utilties Commssion
472 West Washington Street
P.O. Box 83720
Boise,ID 83720-0074
j jeweiicæpuc.state.id. us
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WWC HOLDING CO., INC. NOTICE OF RELINQUISHMENT OF DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS CARRER-5