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HomeMy WebLinkAbout20250905Notice_of_Application_Order_No_36750.pdf Office of the Secretary Service Date September 5,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF ASSURANCE ) CASE NO. VMU-T-25-01 WIRELESS USA, L.P.'S APPLICATION TO ) EXPAND ITS ELIGIBLE ) NOTICE OF APPLICATION TELECOMMUNICATIONS CARRIER ) SERVICE AREA ) NOTICE OF MODIFIED PROCEDURE ORDER NO. 36750 On June 24,2025,Assurance Wireless USA,L.P. ("Company"),formerly known as Virgin Mobile USA, L.P. (Order No. 34618), applied to the Idaho Public Utilities Commission ("Commission") requesting approval to expand its Eligible Telecommunications Carrier("ETC") service area to provide Lifeline only services in the state of Idaho. With this Order,the Commission provides notice of the Company's Application and orders that the Application be processed under Modified Procedure. BACKGROUND Under the Federal Communications Act of 1934,as amended,a telecommunications carrier is eligible to receive federal support from the Universal Service Fund ("USF") throughout the service area for which an ETC designation is granted. 47 U.S.C. § 214(e). Lifeline is a program supported by the USF that provides monthly discounts to eligible low-income subscribers to maintain access to communications networks. Lifeline and Link Up Reform Order, 27 F.C.C.R. 6656 at 6662-63. The Commission has the authority to grant ETC designations within Idaho. 47 U.S.C. § 214(e)(2). To qualify as an ETC,an applicant must satisfy several requirements of federal and state law. See 47 U.S.C. § 214(e); Order No. 29841. In 2012,the Commission designated the Company a wireless ETC for specified geographic areas. Order No. 32645. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company states that it is a wholly owned subsidiary of T-Mobile USA, Inc. Application at 2. YOU ARE FURTHER NOTIFIED that the Company seeks to expand its ETC service area to encompass statewide authority where the Company has wireless coverage for the sole purpose NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36750 1 of providing Lifeline service to additional qualifying Idaho households, including customers on Tribal lands, through participation in the federal USF low-income program. Id. at 1-2. YOU ARE FURTHER NOTIFIED that the Company represents that it does not seek access to funds from the federal USF for the purpose of providing service to high-cost areas. Id. at 1. YOU ARE FURTHER NOTIFIED that the Company represents that approval of its ETC designated service area expansion request would serve the public interest by allowing the Company to provide Lifeline services to qualifying low-income households anywhere the Company has wireless coverage in Idaho.Id. at 2. YOU ARE FURTHER NOTIFIED that the Company asserts that it meets all federal and state requirements for designation as an ETC in its proposed expanded service area.Id. at 3. YOU ARE FURTHER NOTIFIED that the Company represents that it has complied with previous Commission orders regarding ETC designation, including all service requirements applicable to recipients of Lifeline support. Id. at 4. YOU ARE FURTHER NOTIFIED that the Application is available for public inspection during regular business hours at the Commission's office. The Application is also available on the Commission's website at www.puc.idaho.gov. Click on the "TELECOM" icon, select "Open Cases," and click on the case number as shown on the front of this document. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Titles 61 and 62 of the Idaho Code, and that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq. 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 that it will proceed under Modified Procedure pursuant to the Commission's Rules of Procedure 201-204, IDAPA 31.01.01.201-.204. The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this Application may file a written comment explaining why the person supports or opposes the Application. Persons who would like a hearing must specifically request a hearing in their written NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36750 2 comments and explain why written comments alone are insufficient. Persons interested in filing written comments, must do so within 21 days of the service date of this Order. Comments must be filed through the Commission's website or by e-mail unless computer access is unavailable. To comment electronically, please access the Commission's website at http://www.puc.idaho.gov/. Click the "Case Comment Form" and complete the form using the case number as it appears on the front of this document. To file by e-mail, persons must e-mail the comments to the Commission Secretary and all parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code § 74-101(13), and all information provided by such person is available for public and media inspection. If computer access is unavailable, then comments may be mailed to the Commission and the Parties at the addresses below.Persons submitting a comment by mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code§74-101(13),and all information provided by such person is available for public and media inspection. For the Idaho Public Utilities For the Company: Commission: Commission Secretary Mark P. Trinchero Idaho Public Utilities Commission Heather Moelter P.O. Box 83720 Davis Wright Tremaine, LLP Boise, ID 83720-0074 560 SW loth Avenue, Suite 700 secretgU&puc.idaho. og_v Portland, OR 97205 marktrinchero(a,dwt.c om Street Address for Express Mail: heathermoelter&dwt.com 11331 W. Chinden Blvd. Teri Ohta Building 8, Suite 201-A Director, State Regulatory Affairs Boise, ID 83714 T-Mobile 12920 SE 38th Street Bellevue, WA 98006 Teri.OhtagT-Mobile.com NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36750 3 YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within 28 days of the service date of this Order. 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 final 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. ORDER IT IS HEREBY ORDERED that this Application be processed under Modified Procedure. Persons interested in submitting written comments must do within 21 days of the service date of this Order. The Company must file any reply comments within 28 days of the service date of this Order. IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be deemed timely filed when received by the Commission Secretary.See Rule 14.02. Service between parties should continue to be accomplished electronically when possible. However, voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36750 4 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 51h day of September 2025. G EWARD LODGE, P NT 1-L gtll� (7N R. HAMMOND JR., COMMISSIONER 1 DAYN HAR61E, COMMISSIONER ATTEST: MordcWarW-44hez Commission Secretary I:\Legal\TELECOWVMUT2501\orders\VMUT2501_ntc_app_modj I.docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36750 5