20121231Application.pdf

Lance J.M. Steinhart, P.C.
Attorneys At Law
1725 Windward Concourse
Suite 150
Alpharetta, Georgia 30005
Also Admitted in New York
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
December 28, 2012
VIA OVERNIGHT DELIVERY
Ms. Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Re: YMax Communications Corp. - ETC Designation
Dear Ms. Jewell:
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C) m
.1 YIA Y-T-1 2-c
Enclosed please find for filing an unbound, unstapled and duplexed original and three (3)
stapled and duplexed copies of YMax Communications Corp.'s Application for Designation as an
Eligible Telecommunications Carrier within the State of Idaho.
I have also enclosed an extra copy of this letter to be date stamped and returned to me in the
enclosed, self addressed, postage prepaid envelope. If you have any questions or if I may provide
you with additional information, please do not hesitate to contact me.
Respectfully submitted,
IILanc4. Steinhart
Lance J. A. Steinhart, P.C.
Attorneys for YMax Communications Corp.
cc: Shelby Ramsey
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
PETITION OF )
YMAX COMMUNICATIONS CORP. )
FOR DESIGNATION AS AN ELIGIBLE ) DOCKET NO.
TELECOMMUNICATIONS CARRIER )
PETITION FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER
YMax Communications Corp. ("YMAX", "Applicant" or the "Company"), pursuant to
Section 214(e)(2) of the Communications Act of 1934, as amended (the "Act")' and Sections
54.101 through 54.207 of the Rules of the Federal Communications Commission ("FCC") ,2 and
the rules and regulations of the Idaho Public Utilities Commission ("Commission"),3 hereby
applies to the Commission for Designation as an Eligible Telecommunications Carrier ("ETC")
throughout the Qwest Corporation dlb/a CenturyLink (CenturyLink) service area (the
"Designated Service Area") for the purpose of receiving federal universal service support. The
Company is seeking only low income support, and is not requesting high cost support. As
demonstrated below, YMAX satisfies all of the statutory and regulatory requirements for
designation as an ETC in the Designated Service Area, including the Commission's ETC Rules
and the new requirements outlined in the FCC's Lifeline and Link Up Reform Order.4
1 47 U.S.C. § 214(e)(2).
2 47 C.F.R. §§ 54.101-54.207.
See case No. WST-T-05-1, Order No. 29841.
In the Matter of Lifeline and Link Up Reform and Modernization, Lifeline and Link Up, Federal-State Joint
Board on Universal Service, Advancing Broadband Availability Through Digital Literacy Training, WC Docket No.
1142, WC Docket No. 03-109, CC Docket No. 9645, WC Docket No. 12-23, Report and Order and Further Notice
of Proposed Rulemaking, FCC 12-11 (rel. Feb. 6, 2012) ("Lifeline and Link Up Reform Order").
1
Furthermore, designation of YMAX as an ETC in the Designated Service Area will serve the
public interest. Accordingly, YMAX respectfully requests that the Commission grant this
Petition.
All correspondence, communications, pleadings, notices, orders and decisions relating to
this Petition should be addressed to:
Lance J.M. Steinhart
Lance J.M. Steinhart, P.C.
Attorneys for Applicant
1725 Windward Concourse, Suite 150
Alpharetta, Georgia 30005
Telephone: [phone]
Facsimile: 770-232-9208
E-Mail: [e-mail]
I. Background
1.YMAX is a Delaware Corporation.5 A copy of the Company's Certificate of
Incorporation is on file with the Commission and incorporated herein by reference. The
Company was issued a Certificate of Public Convenience and Necessity authorizing it to provide
local exchange services within the State of Idaho in Case No. YMX-T-06-01, Order No. 30110
dated August 7, 2006. The principal office of the Company is located at 5700 Georgia Ave,
West Palm Beach, Florida 33405. The Company will provide local exchange services in the
Designated Service Area using its own facilities.
2.As set forth in Section 214(e)(2) of the Act, the Commission "shall upon its own
motion or upon request designate a common carrier that meets the requirements of [Section
214(e)(1)] as an eligible telecommunications carrier for a service area designated by the State
The Company was incorporated in the State of Delaware on May 24, 2005
2
commission."6 Upon designation as an ETC, the carrier shall be eligible to receive universal
support in accordance with Section 254 of the Act.7
3. The requirements for designation as an ETC set forth in Section 214(e)(1) are that
the carrier must:
(A)offer the services that are supported by Federal universal support mechanisms
under section 254(c), either using its own facilities or a combination of its
own facilities and resale of another carrier's services (including the services
offered by another eligible telecommunications carrier); and
(B)advertise the availability of such services and the charges therefore using the
media of general distribution.8
II. YMAX Satisfies the Requirements for Designation as an ETC to Serve the
Designated Service Area
4. YMAX is a common carrier as that term is defined in the Act.9 The Company will
provide the supported services in the Designated Service Area.
5. YIvIAX will offer all of the supported services enumerated under Section 254(c)
using its own facilities. Accordingly, the Company satisfies the requirement set forth in Section
21 4(e)( 1 )(A).
6. The services that are supported by Federal universal support mechanisms under
section 254(c) are enumerated at 47 C.F.R. § 54.101(a). These services are:
a) Voice grade access to the public switched telephone network (PSTN).
"Voice grade access" is defined as a functionality that enables a user of
6 47 U.S.C. § 214(e)(2); see 47 C.F.R. § 54.20 1(b) (FCC Rules citing the Act's requirements).
47 U.S.C. § 214(e)(1).
8 Id
See 47 U.S.C. § 153(10) ("the term 'common carrier' or 'carrier' means any person engaged as a common
carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission
of energy ....
3
telecommunications services to transmit voice communications,
including signaling the network that the caller wishes to place a call,
and to receive voice communications, including receiving a signal
indicating there is an incoming call. YMAX is able to originate and
terminate telephone service for all of its subscribers;
b)Local usage. As part of the voice grade access to the PSTN, an ETC
must provide minutes of use for local service at no additional charge to
end-users. The Company's service includes unlimited local usage that
allows customers to originate and terminate calls within the local
calling area without incurring toll charges;
c)Access to emergency services. "Access to emergency services"
includes access to 911 and enhanced 911 services to the extent the
local government in an eligible carrier's service area has implemented
911 or enhanced 911 systems. The Company will provide its
customers with access to these services;
d)Toll limitation for qualifying low-income consumers. Toll Blocking
allows customers to block the completion of outgoing toll calls. Toll
Control allows the customer to limit the dollar amount of toll charges a
subscriber can incur during a billing period. YMAX provides
qualifying Lifeline customers with access to toll limitation.10 The
On December 30, 1997, the FCC issued an order clarifying its definition of "toll limitation" services as
either toll blocking or toll control and requires carriers to offer only one, not necessarily both, of these services to be
designated as an ETC.
4
Company will seek toll limitation service ("TLS") reimbursement
from the USF;
e) While no longer required by 47 C.F.R. § 54.101(a), YMAX provides
dual tone multi-frequency ("DTMF") signaling to expedite the
transmission of call set up and call detail information throughout the
network, single party service for the duration of each telephone call
and not multi-party (or "party-line") services, access to operator
services, the ability to make interexchange, or long distance, telephone
calls, and access to directory assistance services.

7. YMAX will advertise the availability of the above-referenced services and the
charges for those services in the Designated Service Area using media of general distribution and
in a manner reasonably designed to reach those likely to qualify for those services, as required by
FCC Rules." Accordingly, the Company satisfies the requirement set forth in Section
21 4(e)(1 )(B).
III. Area for Which ETC Designation Is Requested

8. YMAX requests ETC designation throughout all CenturyLink exchanges, as
identified in Exhibit 3 attached hereto. YMAX does not seek certification as an ETC in any
areas served by rural telephone companies.
IV. YMAX Satisfies the Additional Requirements for Designation as an ETC

9. In accordance with 47 C.F.R. § 54.202(a)(1)(i), Applicant commits to comply
with the service requirements applicable to the support that it receives. As a common carrier
See 47 C.F.R. § 54.201(d)(2).
5
seeking designation as an ETC for low-income support only, Applicant is not required to submit
a network improvement plan. 12
10.An ETC Applicant must demonstrate its ability to remain functional in emergency
situations (47 CFR §54.202(a)(2)). Since Applicant is providing service to its customers through
the use of its own redundant facilities, Applicant will provide to its customers the same ability to
remain functional in emergency situations as currently provided by the ILECs to their own
customers, including access to a reasonable amount of back-up power to ensure functionality
without an external power source, rerouting of traffic around damaged facilities, and the
capability of managing traffic spikes resulting from emergency situations.
11.An ETC Applicant must demonstrate that it will satisfy applicable consumer
protection and service quality standards (47 C.F.R § 54.202(a)(3)). Applicant will satisfy all
such standards. As part of its certification requirements for providing local exchange services,
Applicant must abide by the service quality and consumer protection rules. In addition,
Applicant commits to reporting information on consumer complaints per 1,000 lines on an
annual basis consistent with 47 C.F.R. § 54.422(b)(2).
12.FCC Rules no longer require an applicant for ETC status to acknowledge that the
FCC may require it to provide equal access to long distance carriers in the event that no other
ETC is providing equal access within the service area. 13
13.An applicant for ETC designation is no longer required to demonstrate that it
offers a local usage plan that is "comparable" to the plan offered by the ILEC in the relevant
12 See Lifeline and Link Up Reform Order at 13 86; see also 47 C.F.R. § 54.202(a)(1)(ii).
13 See id
n.
service territory. 14 Nevertheless, Applicant will offer a local usage plan comparable to the one
offered by the incumbent LEC in the service areas for which it seeks designation.
14.In accordance with 47 C.F.R. § 54.202(a)(4), Applicant demonstrated its financial
and technical capabilities in Case No. YMX-T-06-01 referenced above.
15.The Company will provide reduced billing to Lifeline-eligible customers
throughout its designated service area. The reduction will include the maximum federal Lifeline
subsidy amount.
16.YMAX will certify a customer's initial and annual eligibility for Lifeline in
accordance with 47 C.F.R. § 54.4 10.
17.In 47 C.F.R. 54.422, the FCC has identified certain annual reporting requirements
in connection with the annual certification of ETCs as follows:
(a)(1) The company name, names of the company's holding company, operating companies
and affiliates, and any branding (a "dba," or "doing-business-as company" or brand
designation) as well as relevant universal service identifiers for each such entity by
Study Area Code. For purposes of this paragraph, "affiliates" has the meaning set forth
in section 3(2) of the Communications Act of 1934, as amended; and
(2) Information describing the terms and conditions of any voice telephony service plans
offered to Lifeline subscribers, including details on the number of minutes provided as
part of the plan, additional charges, if any, for toll calls, and rates for each such plan.
To the extent the eligible telecommunications carrier offers plans to Lifeline
subscribers that are generally available to the public, it may provide summary
information regarding such plans, such as a link to a public Web site outlining the
terms and conditions of such plans.
(b)(1) Detailed information on any outage in the prior calendar year, as that term is defined in
47 CFR 4.5, of at least 30 minutes in duration for each service area in which the
eligible telecommunications carrier is designated for any facilities it owns, operates,
leases, or otherwise utilizes that potentially affect
(i)At least ten percent of the end users served in a designated service area; or
(ii)A 911 special facility, as defined in 47 CFR 4.5(e).
14 See Lifeline and Link Up Reform Order at page 208, revised § 54.202(a).
7
(iii) Specifically, the eligible telecommunications carrier's annual report must include
information detailing:
(A)The date and time of onset of the outage;
(B)A brief description of the outage and its resolution;
(C)The particular services affected;
(D)The geographic areas affected by the outage;
(E)Steps taken to prevent a similar situation in the future; and
(F)The number of customers affected.
(2)The number of complaints per 1,000 connections (fixed or mobile) in the prior
calendar year;
(3)Certification of compliance with applicable service quality standards and consumer
protection rules;
(4)Certification that the carrier is able to function in emergency situations as set forth in §
54.202(a)(2).
YMAX is committed to comply with all of the applicable annual reporting requirements
that are required of it as a recipient of low-cost support, and in the event it becomes eligible for
high cost support, will comply with 47 CFR 54.3 13, including the requirement to provide a five-
year spending plan.
V. Granting YMAX's Petition Will Serve the Public Interest
18. Congress requires that the Commission grant competitive ETC applications in
non-rural areas. 15 No specific public interest test is mentioned, as is the case for areas served by
rural telephone companies. 16 Thus, the Act provides that the Commission "shall" designate
YMAX as an ETC upon finding that the company meets the requirements of Section 54.101(a)
and Section 54.202(a) of the FCC's Rules (47 C.F.R. § 54.101(a) and 47 C.F.R. § 54.202(a)).
15 See 47 U.S.C. 214(e)(2).
16 See Id
8
19. Grant of the Company's Petition will serve the public interest and the market as a
whole by promoting additional deployment of its unique service offering to the unserved and
underserved exchanges in the Designated Service Area and will allow the Company to
participate in and offer Lifeline to qualifying consumers throughout these same exchanges. As
relevant to the Commission's public interest inquiry, the Company's presence will undeniably
include a benefit of increased customer, choice, as its service is unique, and serves a specific
sector of the public who might well not otherwise be able to obtain wire line service from
traditional providers.
20.The unique advantages and disadvantages of the Company's service offering are
as follows:
The services are offered to customers on a monthly basis. Services are provided without
requiring a security deposit or gaining credit worthiness. Customers have the opportunity to
choose products based on current needs and change products if necessary on a monthly basis
without incurring costly fees. The Company's offering provides long distance calling which
eliminates the billing of additional monthly fees. Services can be discontinued simply by
nonpayment of the next month's services without penalty or disconnection fees.
21.A central purpose of the Telecommunications Act of 1996 was to "promote
competition and reduce regulation ... [thereby securing] lower prices and higher quality services
and encourage the rapid deployment of new telecommunications technologies."17
Designation of YMAX as an ETC would further these goals. Granting ETC status to YMAX
would allow the Company to obtain federal universal service support, which it will use to offer
17 The Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, 56 (1996).
innovative telecommunications services at competitive prices to consumers in the Designated
Service Area.
22.YMAX will publicize the availability of Lifeline services in a manner reasonably
designed to reach those likely to qualify for those services. Accordingly, more low-income
Idaho residents will be made aware of the opportunities afforded to them under the Lifeline
program and will be able to take advantage of those opportunities by subscribing to the
Company's service.
23.Since YMAX' s service is of particular interest to credit-challenged customers—
many of whom are low income—who generally cannot obtain service from the incumbent
carrier, the granting of ETC status is clearly in the public interest; access to Lifeline can be
critically important to a significant portion of the eligible low income consumers. To
Applicant's knowledge, Lifeline services are not being sufficiently advertised ayesnd made
available to eligible low income consumers in the Designated Service Area. Statistics suggest
that there are many eligible customers who are not yet aware of the programs. According to the
best data available to Applicant, as of December 31, 2010, only between 10-20% of consumers
eligible for Lifeline Services in the State of Idaho were being provided such services.18 When
additional carriers enter the market with programs designed specifically for such customers, it
increases the likelihood that eligible customers will become generally aware of these valuable
options for telecommunications service.
24.Applicant hereby asserts its willingness and ability to comply with all the rules
and regulations that the Commission may lawfully impose upon Applicant's provision of service
See attached Exhibit 2, 2010 Lifeline Participation Rates by State, which was obtained from the Universal
Service Administrative Company ("USAC"), an independent not-for-profit corporation designated as the
administrator of the federal Universal Service Fund by the FCC.
10
contemplated by this Petition. Upon Commission request, Applicant is prepared to answer
questions or present additional testimony or other evidence about its services within the state.
25.Applicant does not have any pending action or final unsatisfied judgment or
decisions against it from any state or federal agency or court which involve customer service or
rates, which action, judgment or decision has occurred within three (3) years of the date of the
Petition.
26.Applicant is a contributor to and in good standing with the Universal Service
Fund and does not have any annual reports or assessment fees that are overdue, but is not
drawing from the fund since it cannot receive universal service funds until it is designated an
ETC.
VI. Relief Requested
For the foregoing reasons, YMAX respectfully requests that the Commission grant its
Petition and Designate the Company as an Eligible Telecommunications Carrier for the
Designated Service Area.
espe4fully submitted,
Lane J.M. Steinhart
Georgia Bar No. 678222
Lance J.M. Steinhart, P.C.
1725 Windward Concourse, Suite 150
Alpharetta, Georgia 30005
Telephone: [phone]
Facsimile: 770-232-9208
E-Mail: [e-mail]
Attorneys for YMax Communications Corp.
11
List of Exhibits
Exhibit 1 Certification
Exhibit 2 2010 Lifeline Participation Rates by State
Exhibit 3 Wire Centers
EXHIBIT 1
Certification
State of Florida
County of Palm Beach
Certification
Personally appeared before the undersigned, an officer duly authorized to administer oaths, Peter
Russo, who first being duly sworn, deposes and states that he is the Chief Financial Officer of
YMax Communications Corp., Applicant in this application, and has read the same and knows
the contents thereof, and confirms that the statements made herein are true to the best of his
knowledge and belief.
Dated:
Peter Russo, çlyfef Financial Officer
Subscribed and sworn to before me this day oftZ.L.- 2012.
(Notary Seal)
(Signati?efprson authorized administer oath)
My Commission Expires: t9'y —2-' f'—.
BENJAMIN VANDERPLOEG
ve,NOTARYPUBLIC
STATE OF FLORIDA
Comm#EE130289
Expires 911412015
ID ETC app
EXHIBIT 2
2010 Lifeline Participation Rates by State
• - Below jg • - io - & -207,- SOZ • — Above 50
2010 Lifeline Participation Rates by State
Notes:
Due to the intricacy and range of
determine elIgibility for the LifeI
limitations of the data used, the ii
create this map involves several .
simplilicatin& and omissions. Thereibre. the rates
generated on this map should be treated as estimates only.
2-15-11
EXHIBIT 3
Wire Centers
STATE STUDY AREA CODE ILEC F IRE CENTER CLLI WIRE CENTER NAME
ID 475103 QWEST AFTNWYMA AFTON
ID 475103 QWEST AMFLIDMA AMERICAN FALLS
ID 475103 QWEST BLFTIDMA BLACKFOOT
-F ID 475103 QWEST BLSSIDMA BLISS
ID 475103 QWEST BNCRIDMA BANCROFT
ID 475103 QWESTBOISIDMA BOISE MAIN
ID 475103 QWEST BOISIDNW BOISE NORTHWEST
ID i [ BOISIDSW BOISE SOUTHWEST
ID 475103 QWE ST BOISIDWE I BOISE WEST
ID 475103 FQ WEST BRLYIDMA F BURLEY
ID 475103 FQWEST [ BUHLIDMA BUHL
ID 475103 FQWEST CLWLIDMA CALDWELL
ID 475103 Q WEST CSFRIDMA CASTLEFORD
ID 475103 QWEST DECLIDMA DECLO
ID 475103 Q WEST DWNYIDMA DOWNEY
ID 475103 FQWE DYThIDMA DAYTON
ID 475103 Q WEST EAGLIDNM EAGLE
ID 475103 FQWE EDHZIDMA EDEN-HAZELTON
ID 475103 FQWE;7T EMMTIDMA i EMMETT
ID 475103 Q WEST FKLNIDMA I FRANKLIN
ID 475103 FQWEST FRTHIDMA FIRTH
ID 475103 QWEST GDNGIDMA GOODING
ID 475103 [QWEST GLFYIDMA GLENNS FERRY
ID 475103 FQWEsT GRACIDMA F-
GRACE
ID 475103 FQWEST HALYIDMA HAlLEY
ID 475103 Q WEST HGMNIDMA HAGERMAN
ID 475103 FQWEST IDCYIDMA IDAHO CITY
ID 475103 Q WEST IDFLIDMA IDAHO FALLS
ID 475103 Q WEST INKMIDMA INKOM
ID 475103 FQWEST JERMIDNM JEROME
ID 475103 FQwEsT KMBRIDMA KIMBERLY
ID 475103 QWEST KTCHIDMA KETCHUM
ID 475103 Q WEST KUNAIDMA KUNA
ID 475103 QWEST LHSPIDMA LAVA HOT SPRINGS
ID 475103 Q WEST LSMNIDMA LEWISVILLE-MENA
ID 475103 FQWEST I LSTNIDSH LEWISTON SHERWOOD
ID 475103 QWEST MCCMIDMA MCCAMMON
ID 1 475103 FQWEST MDTNIDMA
[
MIDDLETON
ID 475103 Q WEST MDVAUTMA MIDVALE
ID 475103
475103

QWEST MELBIDMA MELBA
ID [QWEST 'F MRDNIDMA MERIDIAN
ID 475103 QWEST MRTGIDMA F MURTAUGH
ID 475103 QWEST MTHOIDMA[MOUNTAIN HOME
ID 475103
[_
QWEST MTHOIDSO MOUNTAIN HOME SOUTH
ID 475103 QWEST MTPLIDMA MONTPELIER
ID 475103 QWEST NMPAIDMA NAMPA
-ii;-- 475103 [QWEST NPMOMA NEW PLYMOUTH
ID 475103 QWEST PCTLIDMA POCATELLO MAIN
ID 475103 QWEST PcTUDNO POcATELLO NORTH
1 475103 [QWEST{PSTNIDMA PRESTON
ID 475103 [QWEST PYTTIDMA PAYETTE
ID 475103 QWEST RBRTIDMA ROBERTS
ID 475103 QWEST RGBYIDMA RIGBY
ID 475103 QWEST RIRIIDMA RIRIE
ID 475103 QWEST RVSDIDMA RIVERSIDE
ID 475103 [QWEST RXBGIDMA REXBURG
ID 475103 QWEST SDSPIDMA SODA SPRINGS
ID 475103 QWEST SHLYIDMA SHELLY
ID 475103 QWEST SHSHIDMA SHOSHONE-DIETRICH
ID 475103 QWEST STARIDNM STAR
ID 475103 QWEST THTCIDMA THATCHER
ID 475103 Q WEST TWFLIDMA TWIN FALLS
ID 475103 QWEST
ID [QWEST
WESRIDMA WEISER
WNDLIDMA WENDELL