20050325Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:KIRA DALE PFISTERER
DATE:MARCH 23, 2005
RE:CASE NO. WST-05-
APPLICATION OF WESTERN WIRELESS FOR ETC DESIGNATION
On February 17, 2005 WWC Holding Co., Inc. d/b/a CellularOneCID ("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 D.C. 9214(e).
The Commission has jurisdiction and authority to designate Western Wireless as an
ETC pursuant to the Telecommunications Act of 1996 as set forth in 47 D.C. 9 214(e)(1)-(2)
and 47 C.R. 9 54.101. To be designated as an ETC, the telecommunications provider must: (1)
be a "common carrier" as defined by 47 D.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 D.C. 214(e)(1). In those areas already served by a rural telephone
company, the state commission must also find that the designation is in the public interest. 47
214(e)(2).
In addition to the above requirements for ETC designation, 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 D.C. 9
214(e)(6). See FCC 05-46 (February 25, 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 D.C. 9214(e)(2). Id.
DECISION MEMORANDUM
THE APPLI CA TI 0 N
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.
INTERVENORS
Both the Idaho Telephone Association and Citizens Telecommunications Company
(collectively, the "Intervenors ) have filed unopposed petitions to intervene in this case. The
Commission granted the petitions in Order Nos. 29722 and 29734. The Intervenors have agreed
to proceed under Modified Procedure unless and until they believe a hearing is warranted.
STAFF RECOMMENDATION
The Commission Staff recommends that the Application be processed under Modified
Procedure with a 28-day comment period. IDAPA 31.01.01.201-204. Comments should
specifically address the requirements in the recent FCC Order.
COMMISSION DECISION
Does the Commission wish to process the Western Wireless Application for ETC
designation under Modified Procedure with a 28-day comment period?
lutt IJ.
Kira D e Pfisterer
M:WSTTO501 kdp
DECISION MEMORANDUM