20050401Notice of Application Order No 29749.pdf

Office of the Secretary
Service Date
April!2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
WWC HOLDING CO., INC. DBA CELLULAR-
ONE(!!) SEEKING DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS
CARRIER THAT MAY RECEIVE FEDERAL
UNIVERSAL SER VI CE SUPPORT
CASE NO. WST - T -05-
NOTICE OF APPLICATION
NOTICE OF MODIFIED
PR OCED URE
ORDER NO. 29749
On February 17, 2005 WWC Holding Co., Inc. dba CellularOne(ID ("Western
Wireless" or the Company) submitted an Application requesting that it be designated as a federal
eligible telecommunications carrier (ETC) in certain service areas in Idaho. ETC designation
would allow Western Wireless to receive federal universal service support. 47 U.C. 9214(e).
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Western Wireless states that it provides the
required services to be eligible for ETC designation and that such designation is in the public
interest.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction and
authority to designate Western Wireless an ETC pursuant to the Telecommunications Act of
1996 as set forth in 47 U.C. 9 214(e)(1)-(2) and 47 C.R. 9 54.101. To be designated an ETC
the telecommunications provider must: (1) be a "common carrier" as defined by 47 U.C. 9
153(10); (2) offer throughout its proposed service areas the services set forth in 47 C.R. 9
54.101(a) either by using its own facilities or a combination of its own facilities and the resale of
another carrier s services; and (3) must advertise the availability of its universal service offering
and the charges therefore using media of general distribution. 47 U.C. 214(e)(1). In those
areas already served by a rural telephone company, the Commission must also find that the
designation is in the public interest. 47 U.C. 214(e)(2).
YOU ARE FURTHER NOTIFIED that the Federal Communications Commission
(FCC) recently issued an Order adopting additional mandatory requirements for ETC designation
proceedings in which the FCC acts pursuant to 47 U.C. 9214(e)(6). See FCC 05-46 (February
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29749
, 2005). In its Order the FCC urges the states to adopt these additional requirements when
deciding whether a carrier should be designated as an ETC pursuant to 47 U.C. 9 214(e)(2).
Id.
YOU ARE FURTHER NOTIFIED that Western Wireless seeks ETC designation in
both rural and non-rural telephone service areas. Western Wireless serves all of the non-rural
company areas in their entirety and also serves some of the rural telephone company areas in
their entirety. For these areas, Western Wireless seeks immediate ETC designation. In addition
Western Wireless serves only parts of certain other rural company service areas. For the
Commission to designate Western Wireless as an ETC in these partially served rural service
areas, the Commission would have to redefine the service area pursuant to 47 C.R. 9 54.207.
For this reason, Western Wireless seeks conditional ETC designation in the wire centers
requiring service area redefinition.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices. The Application is also available for inspection on the Commission
Website at www.puc.idaho.gov by clicking on the "File Room" icon and then "Telephone
Cases.
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
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission s Rules
of Procedure, IDAP A 31.01.01.201 through .204.
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
twenty-eight (28) days from the date of this Notice. Each comment should specifically address
the requirements in the recent FCC Order and 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:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29749
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ill 83720-0074
Street Address for Express Mail:
Dean J. Miller
McDevitt & Miller, LLP
420 West Bannock Street
PO Box 2564 (83701)
Boise, ill 83702
E-mail: ioe~mcdevitt-miller.com
472 W. Washington Street
Boise, ill 83702-5983
Mark J. Ayotee
Briggs and Morgan, P .
2200 First National Bank Building
332 Minnesota Street
St. Paul, MN 55101
Mail: mayotte~briggs.com
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 "Comments and Questions
icon, and complete the comment form, using the case number as it appears on the front of this
document. These comments must also be sent to the Applicant at the e-mail addresses 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 61 of the Idaho Code and specifically
Idaho Code 9 62-615(1).
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that the Application of Western Wireless be processed
by Modified Procedure, IDAPA 31.01.01.201-204. Persons interested in submitting written
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29749
comments in this matter must do so no later than twenty-eight (28) days from the service date of
this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of April 2005.
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, COMMISSIONER
ATTEST:
Je D. Je ellCo ission Secretary
0: WSTT050 1- kdp
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29749