20050616Comments.pdf

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Morgan W. Richards, Jr. (ISB No. 1913)
Law Office of Woody Richards
804 East Pennsylvania Lane
Boise, Idaho 83706
208-283-0334
Fax [phone]
mwrlaw~cableone.net
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UTiLITIES COMMiSSION
BEFORE THE IDAHO PUBLIC SERVICE 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 SERVICE SUPORT
) CASE NO. WST-O5-
COMMENTS OF POTLATCH
TELEPHONE COMPANY
dba TDS TELECOM
Comes now Potlatch Telephone Company dba TDS Telecom, by and through its
undersigned attorney, and in response to IPUC Order No. 29791 , Notice of Request for
Additional Public Comment, recommends that the Idaho PUC adopt the FCC rules
regarding ETC designation and the public interest analysis at a minimum. In addition
the PUC should adopt the Idaho specific criteria discussed below. In support of this
position, TDS Telecom states as follows:
The PUC Should Adopt the Conditions Established by the FCC at a Minimum
TDS Telecom concurs in the comments filed by CenturyTel and Frontier previously in
this Docket. The FCC developed a complete record and performed an in-depth analysis
prior to issuing the final rules in Docket No. 96-45 (FCC 05-46). In that order the FCC
encouraged state commissions that exercise jurisdiction over ETC s to , at a minimum
adopt the additional requirements when deciding whether to designate a carrier as an
ETC in order to allow for a more predictable ETC designation process and improve the
long-term sustainability of the universal service fund.
The PUC Should Adopt Additional Criteria in Areas Served by Rural Carriers
All ETCs should be required to take on the same Carrier of Last Resort
(COLR) obligations. ETCs must be able and willing to serve the entire
service area within one year of receiving ETC designation. All ETCs must
comply with universal service reporting requirements applicable to COLRs.
All ETCs should be held to the same service and consumer protection
standards (or comparable if a different technology is used such as wireless).
All universal service recipients should be held to certain standards relating to
voice quality, network reliability, repair standards, held service orders
emergency back-up (8 hour minimum), disconnection, deposits, late fees
consumer complaints, billing requirements and lifeline participation.
The PUC should consider whether or not it is in the public interest to
designate more than one ETC in rural company serving areas. Rural areas
may not be able to support more than one ETC due to the high cost nature of
the serving area. If the PUC does determine it is in the public interest to
designate more than one ETC, it should consider limiting the number of ETCs
designated in rural company serving areas to no more than one wireline and
one wireless provider in order to prevent undue pressure on the growth of the
USF fund. USF funds should be utilized to promote the provisioning of
universal telecommunications service, not wireless competition.
ETCs receiving support based on the cost of the ILEC should be required to
submit to the PUC as a part of the annual certification process, reports
demonstrating how the USF funds have been and will be spent in the serving
areas to which the receipt of those funds relate.
Conclusion
The FCC's order states that the conditions contained in its order should be used as
minimum standards for ETC designation. TDS Telecom recommends the Commission
adopt those requirements in addition to the above requirements to ensure that ETC
petitions in rural areas are in the public interest.
Respectfully submitted this 16th day of June, 2005.
f\A~~W'
Morgan "#. Richards, Jr.
Attorneys for TDS Telecom
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 16th day of June 2005, I caused to be served a true and
correct copy of the foregoing document by mail addressed to the following:
Jean Jewell
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Dean J. Miller
McDevitt & Miller
420 W. Bannock St.
O. Box 2564
Boise, Idaho 83701
Mark J. Ayotte
Briggs & Morgan, P .
2200 First National Bank Building
332 Minnesota St.
St. Paul, MN 55101
Kira D. Pfisterer
Deputy Attoney General
Idaho Public Utilities Commission
472 W. Washington
P. O. Box 83720
Boise, Idaho 83720-0074
Conley E. Ward
Givens Pursley LLP
601 W. Bannock St.
O. Box 2720
Boise, Idaho 83701-2720
Dan Trampush
Moss Adams LLP
900 Washington St.
Suite 700
Vancouver, W A 98660
Ingo Henningsen
Regulatory Manager
Frontier Communications
4 Triad Center, suite 200
Salt Lake City, UT 84180
Charles L. Best
Associate General Counsel
Frontier Communications
4400 NE 77th Ave.
Vancouver, W A 98662
Calvin K. Simshaw
CenturyT el
805 Broadway, VHl 065
Vancouver, Wa 98660-3277
Morgan W. Ri
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