20051021Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEG AL
FROM:WELDON STUTZMAN
DATE:OCTOBER 21, 2005
RE:WITHDRAWAL AND DISMISSAL OF APPLICATION OF WESTERN
WIRELESS FOR ETC DESIGNATION, CASE NO. WST-05-
On February 17, 2005 WWC Holding Co., Inc. dba CellularOneCID or Western
Wireless filed an Application requesting designation as a federal eligible telecommunications
carrier (ETC) in certain service areas in Idaho. The Federal Telecommunications Commission
adopted new rules regarding ETC designation while the Western Wireless Application was
pending before the Commission. The Commission invited additional public comment regarding
adoption of the FCC guidelines, but also granted immediate ETC designation to Western
Wireless in the non-rural telephone company service areas identified in its Application. See
Order No. 29791. The Commission also determined to proceed with the Western Wireless
Application as it applies to rural telephone company service areas, and planned to convene a
technical hearing.
Before a procedural schedule was approved by the Commission, Western Wireless on
October 6, 2005 filed a written notice with the Commission that it is withdrawing its
Application. Western Wireless s notice states that it "has undergone a change in corporate
ownership and a resulting significant change in its service area.Accordingly, the Company
states it must "gather additional information in order to make a complete application and there
are likely additional parties who would be interested in the application." Western Wireless states
it is withdrawing its pending Application without prejudice to the right to file a new one in the
future.
DECISION MEMORANDUM
Commission Rule of Procedure 68 states that a party withdrawing a pleading must
file a notice of withdrawal with the Commission and serve all parties. The rule also provides that
unless otherwise ordered by the Commission, the notice is effective 14 days after filing.
IDAPA 31.01.01.068. Western Wireless served its notice as required by Rule 68, and 14 days
have lapsed since the filing of the notice.
Based on the withdrawal of Western Wireless s Application for ETC designation
Staff recommends the Commission issue a Minute Order dismissing and closing the case.
COMMISSION DECISION
Should the case to consider the Application of Western Wireless for ETC designation
be closed, based on the withdrawal of the Application by Western Wireless?
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Weldon Stutzman
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DECISION MEMORANDUM