20121106Budget to Staff 1-11.pdf

RECEIVED
Pamela S. Howland, ISB No. 61 2 NOV 6 PM j: 18 Todd B. Lantor
L11,...4 I 1-lujiatlu an naiL LLr lLJi Suite 1400,US BankPlaza UTILIT1iSCC4 '3C
101 South Capitol Boulevard
P.O. Box 2527
Boise, Idaho 83701-2527
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Thorvald A. Nelson
Sara K. Rundell
Holland and Hart LLP
6380 South Fiddlers Green Circle, Ste. 500
Greenwood Village, CO 80111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Budget PrePay, Inc.
Lukas, Nace, Gutierrez & Sachs LLP
8300 Greensboro Dr., Suite 1200
McLean, VA 22102
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF ) CASE NO. BPP-T-12-01
BUDGET PREPAY, INC. DIB/A BUDGET )
MOBILE FOR DESIGNATION AS AN ) BUDGET PREPAY, INC'S
ELIGIBLE TELECOMMUNICATIONS ) RESPONSE TO THE FIRST
CARRIER PURSUANT TO 47 U.S.C. § 214(e)(2) ) PRODUCTION REQUEST OF
) THE COMMISSION STAFF TO
) BUDGET PREPAY, INC.
Budget PrePay, Inc. d/b/a Budget Mobile ("Budget" or "the Company"), by and through
its attorneys of record, hereby responds to the October 16, 2012 First Production Request of the
Idaho Public Utilities Commission Staff.
Budget responds as follows:
BUDGET PREPAY, iNC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
REQUEST NO. 1: Based on the Idaho Secretary of State's Certificate of Authority, Budget
Prepay Inc. (Budget) has been authorized to do business in Idaho since 2007. Please indicate the
number of current customers in Idaho.
RESPONSE TO REQUEST NO. 1: Budget currently does not have any wireline or wireless
customers in Idaho.
BUDGET PREPAY, 1NC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
2
REQUEST NO. 2: Exhibit 3 of the Application explains the Company's federal Lifeline
Offering. Please confirm whether it is Budget's intent in this Application to seek a limited ETC
designation as a Lifeline-only company?
RESPONSE TO REQUEST NO. 2: As set forth on page 2 of Budget's ETC Application, the
Company seeks designation as an ETC in Idaho for the limited purpose of receiving Universal
Service Fund ("USF") support to provide Lifeline services in Idaho. Budget is not seeking high-
cost USF support as part of its ETC application.
BUDGET PREPAY, iNC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
REQUEST NO. 3: On page 22 of the Application, the Company indicates it remits the ITSAP
and 91 1/E9 11 fees. Which Idaho counties currently receive the emergency remittances? When
did the Company begin remitting the ITSAP fees?
RESPONSE TO REQUEST NO. 3: Budget does not currently have customers in Idaho and, as
a result, does not remit the ITSAP fees in the state. However, should Budget receive ETC
designation in Idaho, Budget will remit all applicable ITSAP fees.
BUDGET PREPAY, iNC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
4
REQUEST NO. 4: Please provide a summary of the formal complaint by Verizon against
Budget Prepay that is currently before the FCC.
RESPONSE TO REQUEST NO. 4: Budget is not aware of a formal complaint filed with the
FCC by Verizon against Budget.
BUDGET PREPAY, iNC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
5
REQUEST NO. 5: Please indicate if any other formal complaints are under review by the FCC,
a court, or any state Commissions.
RESPONSE TO REQUEST NO. 5: Qwest Communications Corporation ("QCC") filed an
informal complaint against Budget PrePay, Inc. at the FCC on May 20, 2008 (File No. EB-08-
MDIC-0033). That complaint was subsequently converted to a formal complaint on December
30, 2008. In its complaint, which relates to Budget PrePay's wireline services, QCC seeks a
ruling that it is entitled to damages in the amount of the difference between the intrastate rates
that QCC paid and the interstate rates that QCC claims it should have been billed. The complaint
remains pending before the FCC. Budget is not aware of any other pending formal complaints
against the Company that are under review by the FCC, a court, or any state Commission.
BUDGET PREPAY, iNC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
ON
REQUEST NO. 6: On page 3 of the Compliance Plan, Budget lists three affiliates: Silver Creek
Long Distance, Inc., MyMinutes.com , Inc., and Bluebird Wireless, Inc. Is this a current list of
affiliates?
RESPONSE TO REQUEST NO. 6: Budget currently has two subsidiaries, both of which are
100% owned - Silver Creek Long Distance, L.L.C. and MyMinutes.com , L.L.C. An
organizational chart is set forth below.
BUDGET PREPAY, INC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
7
REQUEST NO. 7: On page 13 of the Application, Budget states that it has COWs and
SatCOLTS that are available to deploy in an emergency situation. Please indicate if these are
owned by Budget and if any are located in Idaho.
RESPONSE TO REQUEST NO. 7: As set forth on page 13 of Budget's Application, the Cell
Site On-Wheels ("COW") and Satellite On-Light-Trucks ("SatCOLT") are used by Budget's
underlying facilities providers (i.e., Sprint and Verizon Wireless) to expand their footprint and to
add additional capacity to their networks. The COWs and SatCOLTs are not owned by Budget,
but are owned by Verizon Wireless and Sprint. Budget PrePay cannot confirm whether its
underlying facilities providers currently have COWs or SatCOLTs in Idaho, but Verizon
Wireless has a history of deploying emergency mobile equipment in Idaho in emergency
situations. See http://news.verizonwireless.com/news/2012/08/nr20 12-08-21 c.html; see also
httn://news.verizonwireless.comlnews/2007/09/or2007-09-05e.html.
BUDGET PREPAY, iNC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
8
REQUEST NO. 8: On page 12 of the Application, Budget describes its customer service
network and the N+1 network. Please explain if Budget will have any company-owned network
facilities in Idaho.
RESPONSE TO REQUEST NO. 8: At this time, Budget does not plan to have any company-
owned network facilities in Idaho. As set forth in its Application, Budget intends to rely on the
network facilities of its underlying providers, Sprint and Verizon Wireless, to provide services in
Idaho.
BUDGET PREPAY, INC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
9
REQUEST NO. 9: On page 12 and 13 of the Application, Budget describes its call centers and
the availability of technical support. Where are the customer service and the technical support
centers located?
RESPONSE TO REQUEST NO. 9: Budget has two call centers that field incoming customer
calls. The first call center is Budget's internal call center located at the corporate office in
Bossier City, Louisiana. The second call center is Budget's external call center located in
Burnsville, Minnesota. Both call centers handle a variety of calls from initial activation of
service, purchasing additional minutes, fielding troubleshooting calls concerning the malfunction
of mobile handsets, consumer complaints, and cancellation of service.
BUDGET PREPAY, INC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
10
REQUEST NO. 10: On page 14 of the Application, Budget states that it will use "resold
services and its own facilities." Please describe the facilities that will be used in Idaho.
RESPONSE TO REQUEST NO. 10:
As set forth in Budget's Application, the FCC has provided a blanket forbearance
authorizing Budget to provide Lifeline services without use of its "own facilities" so long as it
meets E91 I access requirements and obtains approval of a compliance plan. Since it has
obtained the FCC's approval of its Compliance Plan, Budget is entitled to the FCC's blanket
forbearance from the "own facilities" requirement. While the Idaho ETC Order does not address
a forbearance option, see Idaho ETC Order, Appendix Section A.2, Budget has satisfied or
obtained a waiver of the requirements of Section 2 14(e)( 1 )(A) of U.S.C. Title 47 and Section
54.20 1(d) of C.F.R. Title 47 and thus believes it has satisfied the intent of the Commission's
requirements.
Currently, Budget has no plans to locate network facilities in Idaho. Instead, the
Company intends to rely on the networks of its underlying service providers, Sprint and Verizon
Wireless. Budget does own switches located in Dallas, Texas, and Shreveport, Louisiana, which
are used in certain circumstances to facilitate the origination and termination of calls.
BUDGET PREPAY, INC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
11
REQUEST NO. 11: On page 12 and 13 of the Compliance Plan, Budget describes its Retail
Stores and Retail Agents. Please explain if the Company will have any stores or agents in Idaho
and their location(s) if applicable.
RESPONSE TO REQUEST NO. 11: Budget has not made a firm decision yet about brick and
mortar stores in the Idaho; however, at a minimum, the Company will have agents in the state.
BUDGET PREPAY, iNC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
12
RESPECTFULLY SUBMITTED this 6th day of November 2012.
HOLLAND & HART LLP
s/ Pamela S. How/and
Pamela S. Howland, ISB No. 6177
Suite 1400, U.S. Bank Plaza
101 South Capitol Boulevard
P.O. Box 2527
Boise, Idaho 83701-2527
Telephone: [phone]
Facsimile: [phone]
Thorvald A. Nelson
Sara Kerkhoff Rundell
Holland and Hart LLP
6380 South Fiddlers Green Circle, Suite 500
Greenwood Village, CO 80111
Telephone: [phone]
Facsimile: [phone]
Todd B. Lantor
Lukas, Nace, Gutierrez & Sachs, LLP
8300 Greensboro Drive, Suite 1200
McLean, VA 22102
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Budget PrePay, Inc. d/b/a Budget
Mobile
BUDGET PREPAY, iNC.'S RESPONSE TO THE FIRST PRODUCTION
REQUEST OF THE COMMISSION STAFF TO BUDGET PREPAY, INC.
13
CERTIFICATE OF SERVICE
I hereby certify that on this 6th day of November, 2012, I served a true and correct copy
of BUDGET PREPAY, INC.'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF TO BUDGET PREPAY, INC. upon the following parties by the
method indicated below:
Commission Staff
Jean Jewell, Commission Secretary
Donald L. Howell, Director, Legal Div
Grace Seaman, Technical Staff
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83702
Jean.jewellpuc.idaho.gov
don.howellpuc.idaho.gov
arace.seamannuc.idaho.gov
secretarvnuc.idaho.gov
LI Hand Delivery
LI U.S. Mail, postage pre-paid
LI Facsimile
Electronic Mail
s/ Leah N. Buchanan
5829227 2.DOC