20070405EDG to ITA 1-5.pdf

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Molly O'Leary
Tel: [phone] fax: [phone]
molly~j)richa rdson a ndolca ry. com
O. Box 7218 Boise 1U. 83707 .. 515 N. 27rh Sr. Boise, IV. 83702
04 April 2007
Ms. Jean Jewell
Commission SecretaIy
Idaho Public Utilities Commission
P a Box 83720
Boise ID 83720-0074
Hand Delivered
RE:EDG- T -07 -, Edge Wireless, LLC Application for ETC
Designation
Dear Ms. Jewell:
I am enclosing three (3) copies of EDGE WIRELESS, LLC'S RESPONSE TO IDAHO
TELEPHONE ASSOCIATION'S FIRST SET OF DISCOVERY REQUESTS.
Also enclosed is a copy to be date-stamped and returned for our files.
Please note the enclosed contains Confidential & Highly Confidential trade
secret information that is exempt from public disclosure pursuant to Section
340D(1), Idaho Code. Pursuant to Rule 67 of the Rules of Procedure of
the Idaho Public Utilities Commission , the enclosed trade secret information
has been submitted on yellow paper. and has been separated from the non-
confidential portion of the Application.
A copy of this letter, together with the enclosed Discovery Response has
been served on all parties who have executed a Protective Agreement.
Parties who have not executed the Protective Agreement have been served
with a copy of this letter and the enclosed Discovery Response without the
protected information.
Sincerely,
, PLLC
Molly O'Leary (ISB # 4996)
Richardson & O'Leary, PLLC
O. Box 7218
Boise, ID 83707
Tel: [phone]
Fax: [phone]
mo 11 y(0richardsonandoleary. com
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Mark P. Trinchero (OSB #88322)
1300 S.W. 5th Avenue, Suite 2300
Portland, Oregon 97201
Tel: [phone]
Fax: [phone]
marktrinchero(0dwt.com
Attorneys for Edge Wireless, LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
EDGE WIRELESS, LLC FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER
UNDER 47 U.C. ~ 214(e)(2)
Case No. EDG-07-
EDGE WIRELESS, LLC'S RESPONSE
TO IDAHO TELEPHONE
ASSOCIATION'S FIRST SET OF
DISCOVERY REQUESTS
COMES NOW, Applicant Edge Wireless, LLC, by and through its attorneys ofrecord
Davis Wright Tremaine LLP and Richardson & O'Leary, PLLC. and pursuant to the
Commission s Rules of Procedure, and in response to the First Set of Discovery Requests to
Edge Wireless, LLC, dated April 2, 2007, hereby submits the following:
INTERROGATORIES
INTERROGATORY NO.State the name, employer, and job title of each and every
Person you intend to call as a witness in this matter.
EDGE WIRELESS, LLC'S RESPONSE TO THE FIRST SET OF
DISCOVERY REQUESTS BY IDAHO TELEPHONE ASSOCIATION
INTERROGATORY NO.1 RESPONSE : As no hearing has been set in this matter
Edge Wireless, LLC ("Edge ) has not identified any Person(s) to be called as a witness in this
matter. Edge will update its response to this Interrogatory as necessary, if and when the same
becomes relevant.
REQUESTS FOR PRODUCTION
REQUEST FOR PRODUCTION NO.Please provide a color copy of all Exhibits
attached to your Application in this matter.
RESPSONSE TO REQUEST FOR PRODUCTION NO.Please see attached
documents titled EDGE RESPONSE TO IT A RFP # 1.
REQUEST FOR PRODUCTION NO.Please provide copies of all Documents You
have furnished to the Idaho Public Utilities Commission or its Staff in any way related to this
Petition or its subject matter.
RESPSONSE TO REQUEST FOR PRODUCTION NO.Please see attached
documents titled EDGE RESPONSE TO ITA RFP # 2.
REQUEST FOR PRODUCTION NO.Please list all states where You have applied
for Eligible Telecommunications Carrier status, together with a complete citation to the
proceedings on such applications. If a final order has been issued in connection with such
application(s), please provide a copy of such order.
RESPSONSE TO REQUEST FOR PRODUCTION NO.Edge has applied for
Eligible Telecommunications Carrier status in two states, Oregon and Idaho.
The citation to the Idaho proceeding is: EDG-07-01. No final order has been issued.
EDGE WIRELESS, LLC'S RESPONSE TO THE FIRST SET OF
DISCOVERY REQUESTS BY IDAHO TELEPHONE ASSOCIATION
The Citation to the Oregon proceeding is: Oregon PUC Docket UM 1177. A copy of
the final order in that proceeding (OPUC Order No. 05-965) is attached hereto as EDGE
RESPONSE TO ITA RFP # 3..
REQUEST FOR PRODUCTION NO.Please provide a detailed area coverage map
of Your service area(s) within the Rural ILEC Wire Centers listed in Exhibit C to your Petition.
At a minimum, the requested map should detail the location of Your cell towers, whether owned
or provided by another party, together with a description ofthe equipment installed at each site
and the signal strength for such equipment and its area coverage.
RESPSONSE TO REQUEST FOR PRODUCTION NO.Please see attached
document titled EDGE RESPONSE TO ITA RFP # 4.
REQUEST FOR PRODUCTION NO.Please list, by Idaho Rural ILEC Wire Center
and date of application, the number of Your held orders or unfulfilled service requests, together
with any Documents related to such held orders or service requests and state whether or not You
intend to fulfill them, and, if so, the time and the manner in which You intend to fulfill them.
You may omit the names of the service applicants from such Documents.
RESPSONSE TO REQUEST FOR PRODUCTION NO.Edge objects to this
request because it is vague and ambiguous. The terms "held orders" and "unfulfilled service
requests" are not defined by Intervenor. Notwithstanding the foregoing objection, Edge is
reviewing its records to determine if there are any Documents that may be responsive to
Intervenor s Request for Production No.5. If so, the same will be provided to Intervenor under
separate cover.
EDGE WIRELESS, LLC'S RESPONSE TO THE FIRST SET OF
DISCOVERY REQUESTS BY IDAHO TELEPHONE ASSOCIATION
DATED this 4th day of April 2007.
RICHARDSON & O'LEARY, PLLC
By:
EDGE WIRELESS, LLC'S RESPONSE TO THE FIRST SET OF
DISCOVERY REQUESTS BY IDAHO TELEPHONE ASSOCIATION
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 4th day of Aprit2007, I caused to be served a true and
correct copy of EDGE WIRELESS, LLC'S RESPONSE TO IDAHO TELEPHONE
ASSOCIATION'S FIRST SET OF DISCOVERY REQUESTS by the method indicated below
and addressed to the following:
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, ID 83720-0074
S. Mail
Hand Delivered
Overnight Mail
Facsimile
Email
Dean J. Miller
McDevitt & Miller LLP
420 W. Bannock Street
PO Box 2564
Boise, ID 83701-2564
Email: joe(0mcdevitt-miller.com
S. Mail
Hand Delivered
Overnight Mail
Facsimile
Email
Nathan Glazier
Regional Manager, State Affairs
AllTel Communications, Inc.
4805 Thistle Landing Dr.
Phoenix, AZ 85044
Email: nathan.glazier(0alltel.com
S. Mail
Hand Delivered
Overnight Mail
Facsimile
Email
Conley E. Ward
Michael Creamer
Givens Pursley LLP
601 W. Bannock Street
PO Box 2720
Boise ID 83701-2720
S. Mail
Hand Delivered
Overnight Mail
Facsimile
Email
EDGE WIRELESS, LLC'S RESPONSE TO THE FIR:
DISCOVERY REQUESTS BY IDAHO TELEPHONE
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and Company Areas
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EXHIBIT C
ILEC WIRE CENTERS WITHIN
EDGE WIRELESS PROPOSED ETC AREA
NON-RURAL ILEC WIRE CENTERS
Qwest Communications
AMFLIDMA (American Falls)
BLFTIDMA (Black Foot)
BLSIDMA (Bliss)
BNCRIDMA (Bancroft)
BRL YIDMA (Burley)
BUHLIDMA (Buhl)
CSFRIDMA (Castleford)
DWNYIDMA (Downey)
EDHZIDMA (Eden-Hazelton)
GDNGIDMA (Gooding)
GRACIDMA (Grace)
HAL YIDMA (Hailey)
HGMNIDMA (Hagerman)
IDFLIDMA (Idaho Falls)
JERMIDNM (Jerome)
KMBRIDMA (Kimberly)
KTCHID MA (Ketchum)
LHSPIDMA (Lava Hot Springs)
MCCMIDMA (McCammon)
MRTGIDMA (Murlaugh)
MTPLIDMA (Montpeller)
PCTLIDMA (Pocatello)
PSTNIDMA (Preston)
RBRTIDMA (Roberts)
RGBYIDMA (Rigby)
RIRIIDMA (Ririe)
RXBGIDMA (Rexburg)
SDSPIDMA (Soda Springs)
SHL YIDMA (Shelley)
SHSHIDMA (Shoshone-Dietrich)
AFTNWYMA (Tygee Valley)
TWFLIDMA (Twin Falls)
WIND LID MA (Wendell)
POX 1575371vl 0054189-000049
RURAL ILEC WIRE CENTERS
Albion Telephone Company
ALBNIDXC (Albion)
ALMOIDXC (Almo)
ARCOIDXC (Arco)
ELBAIDXC (Elba)
HLBKIDXC (Holbrook)
HOWEIDXC (Howe)
MSL TIDXC (Malta)
MCKYIDXC (Mackay)
MLCYIDXC (Malad)
MOORIDXC (Moore)
RFRVIDXC (Raft River)
CenturvTel of Idaho. Inc.
LED RID XC (Leadore)
NFRKIDXC (North Fork)
SLMNIDXC (Salmon)
Custer Communications
CHLSIDXC (Challis)
CYTNIDXC (Clayton)
EKBNIDXC (Elk Bend)
MA YIDXC (May)
STNLIDXC (Stanley)
Direct Communications
ARBNIDXC (Arb on)
ARSIDXC (Paris)
RKLDIDXC (Rockland)
Filer Mutual
FILRIDXC (Filer!)
FILRIDXC (Filer2)
HLSTIDXC (Hollisterl)
HLSTIDXC (Hollister2)
POX 1575371v1 0054189-000049
Fremont Telecom Company
ASTNIDMA (Ashton)
STATIDMA (St. Anthony)
ISPKIDMA (Island Park)
Mud Lake
DUBSIDXC (Dubios)
HAMRIDXC (Hamer)
KLGRIDXC (Kilgore)
MNVWIDXC (Monteview)
TRTNIDXC (Terreton)
Project Mutual
MNDKIDXC (Minidoka)
NRLDIDXC (Norland)
OKL YIDXC (Oakley)
P AULIDXC (Paul)
RPRTIDXC (Rupert)
Silver Star - Teton Telephone
DRGSIDMA (Driggs)
TTNIDMA (Tetonia)
VCTRIDMA (Victor)
Silver Star Communications
FRDMWYXC (Freedom)
IRWNIDXC (Irwin)
W A YNIDXC (Way an)
POX 1575371v1 0054189-000049
EXHIBIT D
THIS EXHIBIT ALLEGEDLY
CONTAINS TRADE SECRETS
OR CONFIDENTIAL MATERIAL
AND IS SEPARATELY FILED.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
Edge Wireless:: LocalEdge Rate Plat.
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convenience and benefits of wireless. You won t have to pay any nationwide
long distance charges as long as you re calling within the U.
All plans also offer features like call waiting, voice mail. and call
forwarding.
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EXHIBIT E
PageS of 5
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explanation of Rates and Charges:
Activation is subject to credit approval; a deposit or valid major credit card may be required.Usage limitations may apply. If Service Umit Monitoring is required for activation, you will belimited to a maximum of two wireless calling plans on your account
Call Waiting, Conference Calling, Call Forwarding and Voice Mail will incur applicable airtime,
roaming and wireless long distance charges. When using the Call Waiting and ConferenceCalling features, you will be charged for the minutes of use for both lines which are being utilized
during the call. If a calling card or credit card is required to complete a call, different rates apply.Due to delayed reporting between carriers, wireless usage may be billed in a subsequent month.
This usage will be charged as if used in the month billed.
When using your device outside the Edge Wireless Network, some features may not work.Coverage is not available in all areas of the United States.
If your Rate Plan includes a predetermined allotment of services (for example, a predetermined
amount of airtime or text messages), any unused allotment of services from one billing cycle will
not carry over to any other billing cycle.
Fees: Reconnection - $25 per line; Returned Check Charge - $20; Info Edge - 75i per call (whileon the Edge Wireless Network) plus airtime, roaming and wireless long distance. If you have any
questions. please call 611, free of charge from your wireless device while on the Edge Wireless
Network, or call 1- 866-221-EDGE (3343).
Plan rates may not be available when using your phone outside the United States; International
wireless long distance not included. May not be combined with certain wireless offers and
promotions.
approved
EXHIBIT F
Page 1 of2
IDAHO PUBLIC UTILITIES COMMISSION
IDAHO 208-334-0300
APPROVED TITLE 61 T ARlFFS - PRICE LISTS
Albion Telephone Company, mc/ dba ATC Local Exchange Tariff
Cambridge Telephone Company, Inc. Local Exchange Tariff
CenturyTel ofIdaho, Inc.!dba CenturyTel - Local Exchange Tariff
CenturyTel of the Gem State, Inc.! dba CenturyTel- Local Exchange Tariff
Citizens Telecommunications Company ofIdaho Local Exchange Tariff
Citizens Telecommunications Company ofIdaho Access Service Tariff
Direct Communications - Local Exchange Tariff
Fremont Telecom Company Local Exchange Tariff
Idaho Rural Exchange Carriers / Pages 1 - 203 / - Access Service Tariff
Idaho Rural Exchange Carriers / Pages 204 - 406 / - Access Service Tariff
Inland Telephone Company Local Exchange Tariff
Midvale Telephone Exchange, Inc. - Local Exchange Tariff
Midvale Telephone Exchange, Inc. - Access Service Tariff
Oregon-Idaho Utilities, Inc. - Local Exchange Tariff
Potlatch Telephone Company - Local Exchange Tariff
Sections 1 - 4
Sections 5 - 7
Sections 8 - 11
Rural Telephone Company - Local Exchange Tariff
Silver Star Communications - Local Exchange Tariff
http://www.puc.state.id.us/tariffi'approvediTitle61/approved.htm 12/21/2006
approved
EXHIBIT F
Page 2
Teton Telecom - Local Exchange Tariff
http://www.puc.state.id.us/tarifflapproved/TitIe61/approved.htm 12/21/2006
EXHIBIT G
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PUBLIC UTILITIES COMMISSIONST""flt Of CALIFORNIA
50S VAN Nass AVI:NUt.
SAN FRANCISCO. CAI..IFCHINIA 9.4 '02
RACt1t:LI.E CHONG
CO"""I:O""""~c December 7, 2006
Tlit.; ,,415 1 "103,,3700
FAX' ;4151703-3352
Donnie Castleman, President
Edge Wireless
650 SW Columbia
Suite 7200
Bend, OR 97702
Re: Edge s Assistance to Authorities in Locating the James Kim Family
Dear Mr. Castleman:
I wanted to commend your two employees, Eric Fuqua and Noah Pugsley, who
spent long hours assisting search and rescue teams to help locate the James Kim family of
San Francisco, eventually providing key infom1ation that Oregon authorities say helped
locate and rescue Kati Kim and her two young daughters. I praise your employees
dedication, determination and ingenuity in using wireless technology to help authorities
focus on a particularly geographic area where the family was likely to be. I also thank
Edge for making available a temporary cell-on-wheels and 30 wireless phones to search
and rescue teams. so they could communicate. While I am deeply saddened by the loss of
James Kim who died in a heroic attempt to seek help for his family, we cannot forget that
without the efforts Or50 many good-hearted people like your employees, Mr. Pugsley and
Mr. Fuqua, we may have lost Kati and the children.
Please extend my sincere thanks and congratulations on ajob well done to both of
them and to your company for your lifesaving assistance to the authorities.
cc:Eric Fuqua
Noah Pugsley
Steve Largent. CTIA CEO and President
Stan Sigman, Cingular CEO and President
...
EXHIBIT H
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December 17, 2006
Jeff
Several months ago our 9 I 1 dispatch center received a call requesting
medical assistance for man who had fallen from a horse and had a broken his
leg. The location was described as in the Mount Independence area. Thearea is somewhat remote and very large. We determined that the caller was
using an Edge Wireless phone. We contacted Edge Wireless, explained thesituation. Very soon they called use back informing us that three 91 I calls
had hit a cell site in Twin Falls and one had been received at a cell site in, Ibelieve the Hansen area. They told us that the sectors that had received the
call would indicate the call came from southeast of Twin Falls. Theinformation helped us detennine what side of the Mountain the injured man
was located and we were able to concentrate our search. Our emergency
workers located the man and he was air lifted to the hospital. Theinformation given by Edge was extremely valuable in finding the patient and
transporting him to advanced medical help.
Recently, a young man called our 911 center threatening suicide.
contacted Edge to find out what area he was calling ITom. However, beforewe faxed our written request to Edge we located the young man. However
Edge was very willing to help us.
Thanks for your help,
Kent R. Searle
Cassia County 911 coordinator
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EXHIBIT I
Page 1 of 5
About V" i C.,...erll I Pre.. Room j em Pay i s.-.nd " Me-age dng.uiar~'h'"
Lifeline
For eligible Oregon residents, the lifeline Plan is an economical way to
enjoy the convenience and utility of digital wireless service. You won
pay long distance charges as long as you re calling to anywhere in the
50 United States.
All plans also offer features like call waiting, voice mail , and call
for-yarding.Edge Rate Plans
Included Features
2-Way SMS"
Caf!('r 10
Additional Options
InfoEdge" #555 - 7Scj; plus airtime
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EXHIBIT I
Page 2 of 5
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EXHIBIT I
Page 3 of
About U;; I C",recrs ! Pre.. Room I 8m Pay I Send" M'e!ssaogc cinguiar,u.",
lifeline
For eligible Oregon residents, the Lifeline Plan is an economical way to
enjoy the convenience a"d utility of digItal wireless service. You won
pay long distance ::harges as long as you re calling to 'anywhere in the
50 United States.
All plans also offer features like call waiting, voice mail, and call
forwarding.Edge Rate Plans
Included Features
Way SMS*"
Caller ro
Call Waiting
Additional Options
InfoEdge" #555 - 75t!: plus airtime
(,y, tt1" UJge W""
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Wireless 101 Classes.....Free!
Speed Bills Online Bill Pay.....Free!
Handset Insurance Available
Call For"-.varding
Enhanced Voice Mail
Detailed Bil1!ng Roadside Assistance Available
Conference Calling
Message Waiting Indicator
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http://www .edgewireless.coml ratesllifeLine. h tml '2122/2006
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-Oregon h~alth P;an .S(;ppif:n'~er-.ta; Security lr,cc,m(&About Us I Car..... ! PI"" ROom I Bit! Pay I Sitnd Jt """"08 dngular
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EXffiBIT I
PageS of5
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Explanation of Rates and Charges:
Activation is subject to credit approval; a deposit or valid major credit card may be required.
Call Waiting, Conference Calling, Call forwarding and Voice Mail will incur applicable airtime, roaming andwireless long distance charges. When using the Call Waiting and Conference Calling features, you will be
charged for the minutes of use or both lines which are being utilized during the call. If a calling card or
credit card is required to complete a call, different rates apply.
When using your device outside the Edge Wireless Network, some features may not work. Coverage is notavailable in all areas of the United States.
If your Rate Plan Indudes a predetermined allotment of services (for example, a predetermined amount of
airtime or text messages), any unused allotment of services from one billing cycle will not carry over to any
other billing cycle.
Fees: Reconnection - $25 per line; Returned Check Charge - $20; InfoEdge - 75q: per cali (while on theEdge Wireless Network) plus airtime, roaming and wireless long distance. If you have any questions, pleasecan 611, free of charge, from your wireless device (while on the Edge Wireless Network) , or call 1-
866-350-EDGE (3343).
Plan rates may not be available when using your phone outside the United States; International wireless
long distance not induded. May not be combined with certain wireless offers and promotions.
EXHIBIT J
THIS EXHIBIT ALLEGEDLY
CONTAINS TRADE SECRETS
OR CONFIDENTIAL MATERIAL
AND IS SEPARATELY FILED.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
EXHIBIT K
Page 1 of 3
removea. ,
Saddam chief lawyer
Kh~led , al-Dulaimi, said he
would appeal and afiked that
today s session be halted imme-
diately, a request Abdel-Rah-
man refused. A:l-Dulabni and al-
Obeidi left the court to prepar,e
an appeal, but the remaining six '
members of the defense teamess remamed.
Xbrahim stood apd argued
brieOy with Abdel-Rabman, who.
S , repeated,ly ordered him to sitdown.
The defense walkout threat-h~ ened the perception of fairness
!lI- in the tribunal, a key issue in a
, er- trial that Iraqi and U.S. officialsto said w-ould be a landmark inhe politiCal progress for a country:00 sharply torn between Sunnis and
Shiites.., mt, ,The defense stormed out of: m- court Jan. 29 after,Abdel-Rah-:00 man tossed out 'one of the:In- lawyers for,' shouting. 'Thecu- defense then said it would boy-
, cott the bial unless Abdel-Rah-
pIe man were removed, accusing
ur- him of bias against Saddam.
, Court-appointed lawyers sat in loe- dming sessions over the pastmonth. mr Abdel-Raiunan has adopted a
ted no-nonsense style in the court'fen since taking over the trial in .
(les ' early. January., replacing a pre-of vious 'chief judge who Was criti-, t 0 cized as being too lenient toward "ned -Saddam and Ibrahim's frequent
Ilir ,outbursts~ , bi& AbdeI-Rahman did not besi- '
tate to throw out defendants
the who shouted in the courtroom IIits ' and even' proceeded With therry- trial in several sessions in Janu-jlle.; ary that the eight, defendaDtsecu- refused to attend.
, :
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Notice, to Oregon Residents ,
, TheOregonP~biiCUtilityCo~misslonhasd~lgnateci,
, Ec:lge Wireless as an El.igible Telecommunications
Carrier within Its Oregon service area. This d.esigna-
, ,
tlon ~llows E~ge Wireless to pr~vide 'sub~idjzed ' ,
lifeline ~ervice to qualified Oregon r~si~ents who live '
within its service area. If you qualify, you may receiVe a '
discount of up to $13.50 per month on your primary ,
phone service. lo~ Income indMdl!als living on a
. , federally'r~ognlzed Tribana~ds may al~ be eligible'
for additional dl~ounts, Edge WIreless does not
, charge an activation fee and therefore the Link-Up,
. prOgram is not applical)le to Edge Wireless. PleaSe
' "
visit an Edge Wireless retail store or call (866) 350.. '
3343"for more Information on Lifeline service.
:;: cingular.
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patrol movement. SAN FRANCISCO - As con. But he bas raised the sharpestgressional couservatives press questions of any border governor- .for tough-medicine steps to halt about President Bush's plan toillegal immigration, another send National Guard troops to
Republican spent this week hug- . the Mexican line to back federalging newly naturalized i.nun1- border-control ~fforts. He has
grants and enthusiastically host- refused to commit his Nationaling Mexican President Vicente Guard until the Bush Fmc. tion answers questions about the
H.imse1f an immigrant, Gov. logistics, duration and financingArnold Schwarzenegger is chart- of the deployment. , ing a different ,political Wbjle differing withcourse from CODserva- the president on sometives in W.ashingto!1 as points, he 'actually i,she seeks election to a aligned more closelysecond term this year,. with BuSh and SenateScliwarzenegger is Republicans on i~mi-emphasizing the contri- gratiOD than with House. buttons immigrants, Republicans"have made, and, the The House passed anvalue of relations with ' immigration-refonn billMexico - not a, hard.in December thatline border lockdown. makes illegal presenceIt's a pragmatic SCHWARZE- in this country. a felony,approach in, a border NEG~mandates feIlCe$ along ,state where DemocratS ' 700 miles of the U.s.Mexico bar-dominate, Hispanic voter regis- de- and proyjdes, no path to legal
, ;
!:ration is on the rise and the GOP residencY or citizenship. A differ-. is still scarred from old on ent approacb was approved byimmigration. "He is trying to the U.S. Senate on Thursday, 'deal with iJruQigration not just .including more border security ,from the .loud voices on the left funds but also a guest-worker,and the lOud voices on the right, program, and the possibility ofbut to find a place where you can eventual citizenship for Dlf'nydeal with. the whoI~ ~th of iIlegaJ irnmfgrants. . the iSsue ~ said Matthew.))owd, , , . On the same day the SenateSchwarzeneggers 'chief c8Dl- Voted, Schwiu'zenegger met with ', paign strategist. Fox:in Sacramento. saying,Scbwarzenegger advocqtes "MexU:o and Californians have a
tough border enforCement, and at . great relationship.
" .
EXHIBIT K
Page 2 of 3
""%"/00,
820 Gold Co
Edge WIreless n!)W offers discounted UteLine
p/an~ to quallfled panldpants of certaIn
government assistance programs. Qualifytoday at tt!e'Edge WIreless store nearest you.
. $
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EXHIBIT L
THIS EXHIBIT ALLEGEDLY
CONTAINS TRADE SECRETS
OR CONFIDENTIAL MATERIAL
AND IS SEPARATELY FILED.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
EHIBIT M
Use of cell phones by the Twin Falls District Bureau of Land Management in Ruralareas
The Twin Falls District of the Bureau of Land Management relies heavily on the use of
cell phones during response to wildland fires and law enforcement emergencies. They
are used for initial notification, ordering all types of fire resources including, personnel
aircraft, and equipment and supplies. Cell phones also assist us in directing forces to the
incident and obtaining current weather data.
When we are able to directly call for services in order to troubleshoot breakdowns or deal
with equipment problems that save us ITom returning to town this is extremely helpful.
We also ftequently have the need to communicate specific issues via a one-on-one
cellular connection rather than over the radio system where everyone can listen in.
Although our two-way radio system covers a broad area, it is often busy with tactical andsafety related communications with aircraft and ground forces. Because of this
congestion the logistical portions of fIre suppression have been moved to cell phone
usage. When GSM cell coverage is not available and we are responding to or suppressing
a fire, safety is hampered because these logistical efforts are added to the already
congested two-way radio system.
BLM also has a number of employees whose prime focus is resource management. These
employees often go into the rural areas to perfonn their jobs alone. These employeesgenerally are not as familiar with the two-way radio system, but are more comfortableusing a cell phone, especially in an emergency situation.
Lastly, our district-wide fire and law enforcement activity occurs in all areas of our
district, many of which do not have reliable cell coverage. To compensate we are forced
to purchase expensive satellite phones and plans. As with most cell phone users, weconsider their availability, and our ability to communicate with them, an important safetyfactor.
Edge Wireless, recipients of the 2004 Nortel Networks Excellence Award
N17RTE L
NETWORKS"
This award recognizes Edge Wireless for having outstanding network quality,
call reliability, and advanced technology in Idaho & Wyoming.
Ralph Stegner, Sales Director with Nortel Networks,
presents Donnie Castleman, President and COO Edge
Wireless with the Superior Network Award.
cingular'w'o.....edoe WIRELESS'90""
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EDGE RESPONSE
TO RFP # 2.
Molly O'leary
From:
Sent:
To:
Cc:
Subject:
Trinchero, Mark (marktrinchero~DWT.COMJ
Tuesday, January 02 20075:21 PM
grace.seaman~puc. idaho.gov
Lasswell, Barbara J.; Kevin J. Keillor
FW: Edge Wireless - Idaho ETC draft application and exhibits
.;,;:''" """
Edge draft Idaho EXHIBIT PDF EXHIBIT _PDF Exhibit c.pdf (66 Exhibit D EXHIBIT PDF Exhibit F.pdf (37
ErC App.pdf (oo.(151 KB)(190 KB)KB):onfidentia1.pdf (66..(667 KB)KB)
EXHIBIT _PDF Exhibit H.pdf (36 EXHIBITJPDF Exhibit J Exhibit K.pdf (463 EXHIBIT LPDF Exhibit M.pdf (44
(191 KB)KB)(764 KB):onfidentia1.pdf (12..KB)(655 KB)KB)
I. '
EXHIBIT _PDF Exhibit a.pdf (67 Exhibit P.pdf (90 Exhibit Q.pdf (32 Exhibit R.pdf (23
(202 KB)KB)KB)KB)KB)Grace
Attached are electronic copies of the DRAFT "Application of Edge Wireless, LLC for
Designation as an Eligible Telecommunications Carrier (Rural and Non-Rural Areas)" and
associated exhibits. Please let me know if you have any trouble opening any of the
documents.
Please note that Confidential Exhibit D-, a map showing the approximate locations of the
planned network improvements detailed in Confidential Exhibit D-, is not attached.
should have the draft exhibit to you in the next few days. In addition, Exhibit R, the
requisite Certification regarding the use of High Cost Support has not yet been executed , aswe would like to confirm with you first that the form is acceptable.
Thank you again for agreeing to review the draft prior to formal filing with the Commission.
If you have any questions, please feel free to contact me by telephone at [phone], orby email at marktrincher0(0dwt.com. I look forward to working with you.
;:.
Mark P. Trinchero
;:. DAVIS WRIGHT TREMAINE
;:. 1300 S.W. FIFTH AVENUE, SUITE 2300
;:. PORTLAND , OREGON 97201
;:.
Telephone: [phone]
;:.
Facsimile: [phone]
;:.
e-mail: marktrincher0(0dwt.com
;:.;:.
This message contains information that may be confidential or subject
;:. to the attorney-client privilege. The information is intended solely
;:. for the use of the addressee(s). If you are not an addressee, your
;:. disclosure , copying, distribution or use of the contents of this
;:.
message is prohibited. If this message has been sent to you in error
;:. please notify the sender by return e-mail. Thank you.
;:.
DRAFT - NOT FOR EXECUTION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF EDGE WIRELESS, LLC
FOR DESIGNATION AS AN ELIGmLE
TELECOMMUNICATIONS CARRIER
PURSUANT TO THE
TELECOMMUNICATIONS ACT OF 1996
(RURAL AND NON-RURAL AREAS)
Case No.
APPLICATION OF EDGE WIRELESS. LLC FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER (RURAL AND NON-RURAL AREAS)
Edge Wireless, LLC ("Edge ), by its attorneys, hereby submits this Application for
Designation as an Eligible Telecommunications Carrier ("ETC") pursuant to Sections 214(e)(1)-
(2) of the Telecommunications Act of 1934, as amended ("Act"), 47 u.S.C. g214(e)(1)-(2), and
Section 54.201 of the Federal Communications Commission s ("FCC") rules, 47 C.R. g
54.201, and this Commission s ETC Designation Requirements ("IPUC ETC Requirements ). 1
Edge requests that it be designated as eligible to receive all available support from the federal
Universal Service Fund ("USF") including, but not limited to, support for rural, insular and high
cost areas and low income customers in the geographic areas specified in this Application and
See In the Matter of the Application ofWWC Holding Co., Inc. dba CellularOne Seeking
Designation as an Eligible Telecommunications Carrier That May Receive Federal Universal
Service Support Order No. 29841 , Appendixpp. 1-3 (IPUC Case No. WST-05-, servedAugust 4, 2005)(hereinafter !PUC ETC Requirements Order
APPLICA nON OF EDGE WIRELESS FOR ETC DESIGNATION
pox 1578899v2 0054189-000049
Page 1
DRAFT - NOT FOR EXECUTION
that it be approved to participate in the Lifeline program. In support of this Application, the
following is respectfully shown:
APPLICANT
Edge is a Commercial Mobile Radio Service ("CMRS") carrier providing
mobileservice" as deEmed in 47 U.C. ~ 153(27). Edge provides interstate telecommunications
services as defined in 47 U.C. ~ 254(d) and 47 C.R. ~ 54.703(a). Through its cellular
authorizations, Edge is licensed to serve the following Basic Trading Areas ("BT As ) in Idaho:
BTA 202 Idaho Falls, BTA 353 Pocatello, BTA 451 Twin Falls, and the portion ofBTA 258
Logan (Utah) covering Franklin County, Idaho. Pursuant to these authorizations, Edge provides
service to the following counties in Idaho: Bannock, Bear Lake, Blaine, Bingham, Bonneville
Butte, Camas, Caribou, Cassia, Clark, Custer, Franklin, Fremont, Gooding, Jefferson, Jerome
Lemhi, Lincoln, Madison, Minidoka, Oneida, Power, Teton, and Twin Falls.
II.ELIGmILITY AND IDENTIFICATION OF THE SERVICE AREA.
Under Sections 214(e) and 254 of the Act, the Idaho Public Utilities Commission
IPUC" or "Commission ) is authorized to designate Edge as an ETC. Section 214(e)(2) of the
Act requires state commissions to designate as an ETC, throughout the service area for which
ETC status is sought, any common carrier that: (i) offers services that are supported by federal
universal service support mechanisms; and (ii) advertises the availability of such services. In its
First Report and Order implementing Sections 214( e) and 254, the FCC designated the specific
2 Exhibit A is a map showing the counties encompassed within Edge s FCC licensed territory in
Idaho, superimposed over a map showing incumbent local exchange carrier ("ILEC") exchanges.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
PDX 1578899v2 0054189-000049
Page 2
DRAFT - NOT FOR EXECUTION
features a carrier must provide or agree to provide to be designated as an ETC.3 The FCC also
recognized that wireless telecommunications providers are eligible to be designated as ETCs.
Edge is a telecommunications carrier as defined in 47 V.C. 9 153(44) and 47 C.R. 9
51.5(a), and is a telecommunications carrier for the purposes of Part 54 of the FCC's rules. 47
C. 9 54.et seq. Edge is, therefore, considered a common carrier under the Act.
Section 214(e)(2) of the Act provides that ETC designations shall be made for a "service
area" designated by the state commission. Section 214(e)(5) of the Act provides that the "service
area" shall be a geographic area established by the state commission. In areas served by a rural
telephone company, the FCC's rules generally define a competitive ETC's "service area" to
mean the LEC study area. 5 Attached hereto as Exhibit B is a map depicting Edge s proposed
ETC service area in Idaho superimposed over the rural ILEC ("ILEC") exchanges falling within
Edge s proposed ETC service area. Attached as Exhibit C is a list of non-rural ILEC and rural
ILEC wire centers that fall within Edge s BTAs.6 Edge does not seek to split any wire centers in
the non-rural ILEC areas. Except for the Citizens and CenturyTel-Gem state study areas, Edge
serves all the wire centers in all of the rural ILEC study areas listed in Exhibit C. Edge seeks
redefinition to the wire center level of the Citizens and CenturyTe1-Gem state rural study areas.
Federal-State Joint Board on Universal Service, First Report and Order 12 FCC Rcd 8776
8809-25 (1997) ("First Report and Order
Id.at 8858-59.
See 47 C.R. g54.207(b).6 Because some ILEC exchanges include more than one ILEC wire center, there is some
variation between the list of ILEC wire centers in Exhibit C and the ILEC exchanges shown on
Exhibit B.
APPLICA nON OF EDGE WIRELESS FOR ETC DESIGNATION
pox 1 578899v2 0054189-000049
Page 3
DRAFT - NOT FOR EXECUTION
III.The Legal Standard for Granting ETC Status in Non-Rural and Rural Areas.
Edge satisfies each of the statutory and regulatory prerequisites set forth in the Act, the
FCC's Rules , and the IPUC's ETC Requirements.8 On March 17 2005 , the FCC released its
FCC ETC Requirements Order establishing additional requirements for carriers seeking ETC
designation before the FCC. These additional requirements, however, are not binding on state
commissions. This Commission subsequently considered whether to adopt all or some portion
of the rules promulgated by the FCC, and issued a set of ETC designation requirements in the
IPUC ETC Requirements Order.1O In this Application, Edge provides all of the infonnation
required by the Commission pursuant to the IPUC ETC Requirements Order.
Edge may be designated as an ETC in non-rural ILEC areas upon a finding that: (1) Edge
offers the supported services; (2) Edge will advertise the availability of such services using
media of general distribution. II Edge may be designated as an ETC in non-rural ILEC areas
upon a finding that: (1) Edge offers the supported services; (2) Edge will advertise the
availability of such services using media of general distribution; and (3) such designation would
serve the public interest.
To comply with the additional requirements set forth in the FCC ETC Requirements
Order and the IPUC ETC Requirements Order Edge includes in this Application the following:
7 47 U.C. ~ 214(e)(I)-(2), and 47 C.R. ~ 54.201.
See IPUC ETC Requirements Order.
In the Matter of Federal-State Joint Board on Universal Service Report and Order, 20 FCC
Rcd 6371 (2005) FCC ETC Requirements Order
10 IPUC ETC Requirements Order Appendix pp. 1-
11 See e.g., In the Matter of the Petition ofIAT Communications, Inc. dba NTCH-Idaho, Inc. or
Clear Talkfor Designation as an Eligible Telecommunications Carrier Order No. 29261 (IPUC
Case No. GNR-03-, served June 11 2003).
12
See, 47 C.R. ~ 54.207(c).
APPLICATION OF EDGE WIRELESS FOR ETC DESIGN nON Page 4
PDX I 578899v2 0054189-000049
DRAFT - NOT FOR EXECUTION
Demonstration of commitment and ability to provide supported services, including a
two-year wire center-specific network improvement plan, attached hereto as
Confidential Exhibit D.
Demonstration of Edge s ability to remain functional in emergency situations.
Commitment to comply with all applicable service quality standards and consumer
protection rules and an agreement to comply with the Cellular Telecommunications
and Internet Association s Consumer Code for Wireless Service ("CTIA Code
Descriptions of Edge s local rate plans and the local usage plans of the ILECs.
SERVICES PROVIDED BY APPLICANT
Edge will offer the federally designated services listed at 47 C.R. 954.101(a). The
services which are supported by the federal USF program are: (1) voice grade access to the
public switched network, (2) local usage, (3) dual tone multi-frequency signaling or its
functional equivalent, (4) single-party service or its functional equivalent, (5) access to
emergency services, (6) access to operator services, (7) access to interexchange service, (8)
access to directory assistance, (9) toll limitation for qualifying low-income consumers.13 Edge is
a full service wireless carrier that offers all of these services, as described in detail below
throughout its licensed service area utilizing its own facilities - including its own antennas,
towers and mobile switching offices.
47 C.R. 954.101(a).
14 There is one ILEC wire center, Fairfield, with a boundary that extends beyond Edge s BT A.
See Exhibit B. Edge commits to provide service to requesting customers throughout the entirety
of this wire center through: (1) incursion agreements with neighboring wireless carriers, (2)
resale of wireless service provided by other carriers, or (3) resale of wireline service.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
pox 1 578899v2 0054189-000049
Page 5
DRAFT - NOT FOR EXECUTION
Voice-Grade Access to the Public Switched Telephone Network.
FCC Rule Section 54.101(a)(1) requires voice grade access to the public switched
telephone network. The FCC defines this as:
the ability of a user of 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. For the purposes of this part, bandwidth for voice grade
access should be, at a minimum, 300 to 3 000 Hertz.
Edge provides voice grade access to the public switched network through interconnection
arrangements with local telephone companies. Edge offers its subscribers this service at a
bandwidth between no less than 300 to 3 000 hertz, thereby providing voice grade access
pursuant to the FCC's definition.
Local Usage.
Edge s rate plans provide local usage consistent with Section 54.101 (a)(2) of the FCC'
Rules. In the First Report and Order, the FCC deferred a determination on the amount of local
usage that a carrier would be required to provide.16 Any minimum local usage requirement
established by the FCC will be applicable to all designated ETCs. Edge meets the local usage
requirements by including local usage in its rate plans and Edge will comply with any and all
minimum local usage requirements adopted by the FCC.
Consistent with the IPUC ETC Requirements Order Appendix p. 3, Edge submits its
LocalEdge rate plan brochures as Exhibit E. The relevant ILEC local usage rate plans are on file
with the Commission and can be found at
http://www.puc.state.id.us/tariff/approvedititle611approved.htm. A copy of this web page is
47 C.R. 54.101(a)(1).
16
Id at 8814.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
PDX 1578899v2 0054189-000049
Page 6
DRAFT - NOT FOR EXECUTION
attached as Exhibit F. The Commission has expressly rejected the FCC's requirement that the
applicant's usage plan be comparable to that of the ILEC, stating: "we find it is sufficient for the
ETC applicant to simply describe its local usage plans and those of the ILEC.I7 The
Commission aptly noted that the FCC's comparability analysis could potentially discourage
carriers from offering diverse services, and that with competition, consumers should have the
option to obtain the type of service offering they would like.
One of the distinct advantages to the LocalEdge rate plans is that Edge provides
significantly wider local calling areas. Whereas the relevant ILEC local calling areas are
primarily limited to their local exchange boundaries and extended service area boundaries,
Edge s local calling area includes most of Southeastern Idaho and a portion of Northwestern
Wyoming. In addition, Edge s local calling area includes it's partner network coverage along the
84 corridor from the western boundary of Twin Falls to the Oregon border, including Boise and
the surrounding area, subject to the requirement that a majority of the subscribers minutes of use
be on the Edge Wireless Network.
Second, Edge provides unlimited, toll-free service for 911 emergency calls and for 611
customer care. Edge also provides toll-free 511 road reports to the Idaho Department of
Transportation, 711 calls to TRS/TTY operators and 211 calls to social service agencies.
17 IPUC ETC Requirements Order p. 12.
18
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Finally, all of Edge s local calling plans include unlimited nationwide long distance at no
additional charge.19 The LocalEdge calling plans priced at $44.99 and higher per month also
include unlimited night and weekend calling, and unlimited mobile to mobile calling.
Dual-Tone, Multi-Frequency Signaling or its Functional Equivalent.
Pursuant to Section 54.101 (a)(3) of the FCC's Rules, an ETC must provide dual tone
multi-frequency ("DTMF") signaling to facilitate the transportation of signaling throughout its
network. Edge currently provides DTMF signaling consistent with the FCC's Rules.
Single-Party Service or its Functional Equivalent.
Single-party service" means that only one party will be served by a subscriber loop or
access line in contrast to a multi-party line?! Edge provides single party service, as required by
47 C.R. ~54.101(a)(4).
Access to Emergency Services and Ability to Remain Functional in
Emergency Situations.
The ability to reach a public emergency service provider by dialing 911 is a required
service in any universal service offering. Edge currently provides all of its customers with
access to emergency service by dialing 911 in satisfaction of this requirement. Phase I E911
which includes the capability of providing both automatic numbering information ("ANr') and
automatic location information ("ALl"), is only required if a public emergency service provider
makes arrangements with the local provider for the delivery of such infonnation,z2 In addition to
19 Local Carryover rate plans, which allow subscribers to carry unused minutes forward to the
next billing cycle, do not include unlimited nationwide long distance.
20
See Exhibit E (LocalEdge rate plan brochure).
21
First Report and Order at 8810.
22 See Id.at 8815-17.
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Phase 0 E911 , Edge Wireless provides Phase I and Phase II wireless E911 to Public Safety
Answering Points (PSAP) when they request this improved service and are ready to receive the
Phase 1 and Phase II call information. To date, Edge has received requests for E911 Phase I and
Phase II deployment in Blaine, Bingham, Booneville, Caribou, Freemont and Lemhi Counties.
All Counties are deployed with the exception of the Fremont County, which is currently in the
deployment process (as of December 15 2006).
Phase I and Phase II wireless E911 service provides valuable location based information
to the PSAP which allows emergency personnel to determine the cell site serving the caller and
the geographic location of the phone placing the call. Additional cell site coverage in rural areas
will greatly improve access to wireless E911 services and greater accuracy of the location based
infonnation received by the PSAP. Edge was able to use these enhanced capabilities recently to
assist law enforcement rescue efforts in Oregon. When the James Kim family was lost in
Oregon, Edge was able to provide information gained from a rural cell site to Search and Rescue
personnel regarding the area in which the family s phone was last active. This information was
key to the survival of Mrs. Kim and her two young children. In addition Edge installed a cell on
wheels (COW) which improved telephone communications for the rescue teams. Exhibit G is a
letter from the California PUC praising Edge s contribution to this rescue.
Consistent with the IPUC ETC Requirements Order at Appendix p. 3, Edge also has the
ability to remain functional in emergency situations. Edge has designed a fault tolerant network
that employs the following features:
Mobile Switching Center
Nortel DMS NSS 18- R4 switches with fully redundant fault tolerant processors;
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12 hours of back up battery;
300 KW generator with 7days fuel supply;
complete complement of spare circuit boards;
0 Self-Healing Alternate Route Protection Service for Fiber Facilities
interconnection;
Redundant A TM interconnection to remote media gateway switches;
Multiple alternate trunk routes for PSTN interconnection trunks;
Redundant Microwave radio links; and
Automated 7x24 network monitoring.
Cell sites
Overlapping cell site coverage with directed retry for blocked calls;
Back haul network engineered with surplus back bone capacity;
- Field technicians are equipped with growth radio stock;
- In the event of a capacity spike that can not be absorbed by directed retry,
additional radios can be installed quickly;
All (4) major hub sites have 8 hours battery back up and standby generators;
Standby Generators and 8 hours battery back up at 12 minor hub sites;
85% of sites have minimum of 8 hours back up battery, remaining 15% have
hour;
Leased Fiber and redundant MW to major network hub locations;
All sites have quick connect plugs for portable generator;
One (1) trailer mounted 20 kw trailer mounted generators stored in Twin Falls and
two (2) in Pocatello;
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Compact generator system stored in Pocatello, Idaho for use with Snow Cat only
accessible sites; and
All sites remotely monitored 7x.24.
Additional equipment
0 Two (2) cells on wheels (COWs) complete with temporary microwave systems
stored at Pocatello, Idaho facility which can be used for emergency coverage
capacity and back bone recovery;
Complete inventory of alternate access equipment, including:
- All field staff are equipped with 4, wheel drive pickups, (1) Tucker Terra Snow
Cat stored at Pocatello facility, (3) snow mobiles stored at Pocatello facility, (2)
Polaris 4 wheelers located in Pocatello;
All field staff trained in operation for all alternative site access equipment;
Tower crews on standby for emergency tower and antenna repairs;
Technicians equipped with complete complement of spares for Cell site
Microwave and DACs equipment to insure quick recovery;
Field technicians strategically located with average drive time of less than hour
to cell sites;
Edge Wireless has proven its ability to respond quickly during emergency situations:
Installed Cell On Wheels or COW's to provide phone service for remote fire camps for
Tiller and Orleans complex fires;
Provided timely subscriber location infonnation to help public safety officials locate
injured people in rural areas;
23 Attached hereto as Exhibit H is a letter from the Cassia County 911 Coordinator.
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Edge Wireless has increased network capacity on sites serving county fairs annually for
the past 5 years, typically adding enough network capacity to handle a 100% increase in
busy hour traffic for sites serving the fair grounds; and
On numerous occasions Edge Wireless has installed temporary microwave hops when
ILEC-provided circuits have sustained extended outages or due dates for new circuits
have not been achieved.
In 2006 alone, Edge Wireless has perfonned the following network upgrades for improved
reliability:
Installed redundant leased T1 facilities to our Preston, Soda Springs and Montpellier cell
sites, thereby providing an alternate route to the Edge microwave system that routes
through Sedgwick peak;
Installed leased DS3 circuits to Idaho Falls, Rexburg and Twin Falls to provide alternate
network back haul for Edge s existing microwave network; and
Installed high capacity Mobile Switching Center.
Through all of these efforts, Edge has ensured that it not only provides customers with needed
emergency services, but can also remain fully functional in emergencies.
In addition, Edge has planned the following 2007 reliability and technology upgrades:
Edge Wireless is currently building a regional call center in Idaho Falls with
planned opening in March of 2007. The new Idaho call center will provide
additional redundancy and improved capability to support Idaho customers with
local employees.
Additional 3G sites to expand coverage area for advanced wireless service.
Access to Operator Services.
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Access to operator services is defined as any automatic or live assistance provided to a
consumer to arrange for the billing or completion, or both, of a telephone cal1.24 Edge provides
customer access to operator services. Customers can reach operator services in the traditional
manner by dialing ", in compliance with Section 54.1 01 (a)(6) of the Federal Rilles.
Access to Interexchange Service.
A universal service provider must offer consumers access to interexchange service to
make and receive toll or interexchange calls. Equal access, however, is not required. "The FCC
do(es) not include equal access to interexchange service among the services supported by
universal service mechanisms.25 Edge presently meets this requirement by providing all of its
customers with the ability to make and receive interexchange or toll calls through direct
interconnection arrangements Edge has with several interexchange carriers ("IXCs
Access to Directory Assistance.
The ability to place a call to directory assistance is a required service offering.
Subscribers to Edge s services are able to dial "411" or "555-1212" to reach directory assistance
from their mobile phones.
Toll Limitation for Qualifying Low Income Consumers.
An ETC must offer either "toll control" or "toll p10cking" services to qualifying Lifeline
customers at no charge. The FCC no longer requires an ETC to provide both services as part of
24 ad 8817-18.
25 Id.at 8819.
26 at 8821.
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the toll limitation service required under 47 C.R. 9 54.1O1(a)(9).27 In particular, all ETCs must
provide toll' blocking which allows customers to block the completion of outgoing toll calls.
Edge currently has no Lifeline customers in Idaho because only carriers designated as an ETC
can participate in Lifeline. See 47 C.R. 99 54.400-415. Once designated as an ETC, Edge will
participate in Lifeline, as required. Though Edge s switch does not currently support toll
blocking per se, as noted in Section B above, all of Edge s LocalEdge rate plans include
unlimited long distance at no additional charge, which is the functional equivalent oftoH
blocking. Edge s Lifeline rate plans will have the same feature.
ADVERTISING AVAILABILITY OF UNIVERSAL SERVICE
Pursuant to Section 54.201 of the FCC's rules, 47 C.R. Section 54.201, Edge plans to
advertise the availability of each of the supported services detailed above, throughout its licensed
service area, by media of general distribution. The methods of advertising utilized may include
newspaper, magazine, radio, direct mailings, public exhibits and displays, bill inserts, and
telephone directory advertising. See Confidential Exhibit J which provides data regarding
Edge s advertising expenditures in 2006. Edge expects to engage in similar, if not greater, levels
of advertising in 2007.
Edge also intends to offer advertising similar to its advertising in Oregon to promote
Lifeline service, primarily through print advertising and direct outreach by Edge s direct and
indirect sales staff to community health, welfare and employment offices as well as Indian tribes.
27
See Universal Service Fourth Order on Reconsideration in CC Docket No. 96-Report and
Order in CC Docket Nos. 96-, 96-262, 94-, 91-213, 95-, 13 FCC Rcd 5318 (1997).
28 First Report and Order at 8821-22.
29
See Exhibit I, which is a copy of Edge s Oregon Lifeline brochure.
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Edge will not be promoting Linkup service because Edge does not charge for activation of
wireless services. Edge will advertise the fact that it does not charge activation fees as a
functional equivalent of advertising Linkup. See Exhibit K which provides examples of Edge
Lifeline related advertising in Oregon.
COMMITMENT TO CONSUMER PROTECTION
Consistent with the IPUC ETC Requirements Order at Appendix A p. 3 , Edge will
comply with all applicable service quality standards and consumer protection rules, and will
abide by the consumer protection standards established by the CTIA Consumer Code.
TRIBAL NOTIFICATION
The IPUC ETC Requirements Order at Appendix A p. 2 requires an ETC applicant
seeking ETC designation for any part of tribal lands to provide a copy of its application to the
affected tribal government or tribal regulatory authority, as applicable, at the time it files its
application with Commission. Edge is seeking ETC designation for the Fort Hall Reservation.
Consistent with this requirement, contemporaneous with the filing of the Application with the
Commission, Edge has provided a copy of its Application to:
Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho
Ms. Diana Yupe
Shoshone-Bannock Tribes of Fort Hall
Shoshone-Bannock Heritage Tribal Office
O. Box 306
Fort Hall, ID 83203
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Edge currently provides service to portions of the Fort Hall Reservation. Edge s two-year
network improvement plan includes a new cell site that will improve coverage in the western
portion of the reservation. See Confidential Exhibit D. Upon designation as an ETC, Edge will
offer Tribal Lifeline service to qualified residents of the Fort Hall Reservation for as little as one
dollar per month.
IV.PUBLIC INTEREST FACTORS
In addition to finding that Edge meets the nine-point checklist, and that it agrees to offer
and advertise the supported services throughout the proposed ETC service area, and that it
satisfies the Commission s additional criterion, the Commission must also determine whether
such designation otherwise serves the public interest.
In determining whether designating Edge as an ETC in the rural ILEC wire centers listed
in Exhibit C, the Commission must follow the guidance provided by Congress in adopting the
Act, and by the FCC in its enabling orders.3Q The overarching principles embodied in the Act are
to "promote competition and reduce regulation. . . secure lower prices and higher quality
services. . . and encourage the rapid deployment of new technologies.3! In its implementing
orders, the FCC ruled that the pro.competitive and deregulatory directives from Congress
30. Pub. L. No.1 04-1 04, 110 Stat. 56 (1996); See also, First Report and Order, supra; Federal-
State Joint Board on Universal Service, Ninth Report and Order and Eighteenth Order on
Reconsideration 14 FCC Rcd 20432 Ninth Report and Order ); Federal-State Joint Board on
Universal Service, Multi-Association Group (MAG) Plan for Regulation of Interstate Services of
Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, Fourteenth
Report and Order, Twenty-Second Order on Reconsideration, and Further Notice of Proposed
Rulemaking, 16 FCC Rcd 11244 (2001) Fourteenth Report and Order ); See also NAACP
FCC 425 u.S. 662,669 (1976); accord, e.g., Office of Communication of the United Church of
Christ v. FCC 707 F. 2d 1413, 1427 (D.C. Cir. 1983); Bilingual Bicultural Coalition on Mass
Media, Inc. v. FCC, 595 F. 2d 621 , 628 & n. 22 (D.C. Cir. 1978).
3!
See Act (preamble).
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required universal service support mechanisms to be competitively neutral and portable among
eligible carriers.32 This Commission has adopted the FCC's public interest analysis as set forth
in the FCC ETC Requirements Order stating:
Thus, in determining whether ETC designation is in the public interest
this Commission shall consider the benefits of increased consumer choice, and the
unique advantages and disadvantages of the applicant's service offering.
As shown herein, the public interest objectives set forth in the Act, the FCC's Orders, the
IPUC ETC Requirements Order and precedent established across the country, will be furthered
by the designation of Edge as an ETC in the rural ILEC wire centers listed in Exhibit C.
Increased Consumer Choice and Service Quality.
Designation of Edge as an ETC is in the public interest because such designation will
promote competition and thereby facilitate the provision of advanced communications services
and higher quality services to the residents of rural Idaho. A central tenet of federal universal
service policy is that consumers in rural areas are entitled to the same kind of choices of
telecommunications services as those in urban areas.34 In many rural areas, no meaningful
choice of local exchange carriers exists. Designation of Edge as an ETC will provide rural
consumers with a choice among carriers and service features. Edge will provide wider local
calling areas, mobile communications, a variety of service offerings, high-quality service35 and
competitive rates. Consumers will be able to choose those service features that best meet their
needs.
32 Fir;t Report and Order at 8861-62; Ninth Report and Order at 20480.
33 IPUC ETC Requirements Order p. 16.
34
See 47 V.C. ~ 254(b)(3). 35 See Confidential Exhibit L, describing service quality metrics to which Edge adheres.
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Upon receipt ofETC designation in Idaho, Edge will use the high-cost support it receives
to improve its infrastructure in rural areas. Edge has evaluated the projected levels of support
along with identifying areas where poor coverage and demand for service coincide.36 Edge
two-year network improvement plan shows projects that would not otherwise be constructed
without universal service support. This expansion and strengthening of network coverage
increases the number of competitive choices available for rural Idaho consumers where Edge
service would not otherwise extend without support. The improved service quality, reliability
and increased choices to rural Idaho will be significant. In addition, some rural Idaho consumers
may be able to obtain wireless service from Edge where 1andline service from the ILEC is cost
prohibitive.
As Edge constructs additional cell sites in high-cost areas to improve the quality of its
radio frequency ("RF") signal, consumers will have a greater choice among service providers
and will receive more reliable service. Some will have the option to receive Edge s service for
the first time. Indeed, without the high-cost program, it is doubtful that many rural areas would
have wireline telephone service, even today. Edge has been successful in competing for second
lines. However, the rural ILECs serving the proposed ETC service area retain close to 100% of
the local exchange market primarily because it is impossible for any company to compete with a
monopoly that receives explicit subsidies from the government as well as substantial implicit
subsidies that are unavailable to competitors (even those designated as ETCs). If only wireline
provides receive universal service support, consumers will continue to have no service
alternatives, and will be left behind their urban counter-parts. The Washington Utilities and
36 See Confidential Exhibit D, Edge s two-year network improvement plan designating proposed
infrastructure investment in Edge s BTA should Edge receive ETC status.
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Transportation Commission expressly recognized this fact when designating United States
Cellular as an ETC, stating:
The fact that its competitors receive universal service support puts USCC at a
disadvantage in its ability to make cellular technology more widely available at
competitive prices. Allowing USCC to receive universal service support
increases the likelihood that cellular technology will become available to more
rural conswners at an affordable price.
Designation of Edge as an ETC will begin to level the playing field among carriers
competing in the local exchange market - to the benefit of conswners.
In addition, conswners will benefit from access to advanced wireless data
communications. Historically, Edge has been on the forefront in offering advanced wireless
communications to rural areas. Edge was the first carrier to bring mobile,wireless data
applications to many rural areas in Southeastern Idaho by launching its GPRS wireless packet
data system in 2003. This system offered wireless data rates of up to 40 kilobytes per second
kbs ). In 2004, Edge upgraded its GPRS packet data system to "EDGE" technology, which
increased the data rates up to 150kbs. In 2006, Edge installed 3G wireless core switching
equipment, and has installed 3G cell sites and has customer trials in progress in Twin Falls
County. The 3G cell sites support 3G handsets for advanced voice and data services. 3G devices
available today support wireless data rates of up to 3.6 megabits per second (mbs) upgrading to
2 (mbs) in 2008. Edge can now offer internet access in rural areas with very good data rates.
Moving forward the service will be advanced by:
Upgrading EDGE packet data core software and hardware to increase data through-put;
37 See In the Matter of United States Cellular Third Supplemental Order Granting Petition for
Designation as Eligible Telecommunications Carrier, WUTC Docket No. UT-970345 (Jan. 27
2000), at ~43.
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Installing additional 3G sites and core equipment for expanded 3G coverage;
Improving access to the network by adding additional rural Base Transceiver Systems
(BTS);
Making antenna systems available for rural residences that boost signals between
wireless modems and BTS;
Providing access to upgraded wireless handsets as they become available for rural users
that enhance voice quality and data rates; and
Improving wireless feature sets by improving applications, such as: picture messaging,
video messaging, video conferencing, text messaging, wireless internet access, wireless
security systems and wireless email.
Designating Edge as an ETC in Idaho will provide a framework for providing consumers
increased choice of service offerings consistent with the goals established by the Act, the FCC
and this Commission.38
Health and Safety Benefits.
Designation of Edge will advance important health and safety goals. Edge s mobile
offering will allow rural consumers the flexibility to communicate while on the go and still retain
access to emergency services. In addition to being able to reach emergency services while in
their homes, wireless subscribers are able to reach emergency services while they are in route to
38 See e.g., In the Matter of the Petition of VCI Company for Designation as an EligibleTelecommunications Carrler Providing Service to Customers Under the Idaho
Telecommunications Service Assistance Program Order No. 29686, Case No. VCI- T -04-, p. 3
(Jan. 13 , 2005)(finding ETC status in the public interest due in part to greater competition).
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their homes, workplaces and commercial centers. Wireless phone selVice has become essential
to farming, mining, law enforcement, resource management and construction sectors.
In a recent ETC designation proceeding, the Oregon Public Utility Commission
concluded that "the 'unique advantages' of wireless telephones , which allow mobile
communications beneficial to safety, health and commerce, weigh in favor of the application.
Similarly, in designating the wireless carrier Smith Bagley, Inc. as an ETC in Arizona, the
Arizona Corporation Commission found that carrier s designation would provide a potential
solution to "health and safety risks associated with geographic isolation.41 Designation of Edge
as an ETC in Idaho will provide similar benefits.
Citizens in rural areas depend on mobile phones more and more to provide critical
, communications needs. The provision of universal service support to Edge will enable it to
improve signal strength, thereby improving the reliability of selVice for health and safety
purposes. All wireless carriers are required to implement over the next several years Phase II E-
911 selVice, which permits a caller to be located and tracked. For every cell site Edge constructs
the reliability and performance of its E-911 service will improve. It would be difficult to
overstate the important public interest benefit that will be realized by supporting improvement to
critical wireless infrastructure.
39
See Exhibit M, which is a description of the use of cell phones in rural areas by the Twin Falls
Division of the Bureau of Land Management.
40 In the Matter of RCC Minnesota, Inc. Application for Designation as an Eligible
Telecommunications Carrier, Pursuant to the Telecommunications Act of 1996, Order No. 04-
355, OPUC Docket UM 1083 , p. 9 (June 24 2004).
41 Smith Bagley, Inc.Decision No. 63269, ACC Docket No. T-02556A-99-0207, at p. 12 (Dec.
, 2000).
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As mentioned above, when the James Kim family became lost in Oregon over the past
Thanksgiving holiday, Edge was able to provide information gained from a rural cell site to
Search and Rescue personnel regarding the area in which the family s phone was last active.
This information was key to the survival of Mrs. Kim and her two young children. In addition
Edge installed a cell on wheels (COW) which improved telephone communications for the
rescue teams. 42
In Idaho, over two dozen federal, state and local law enforcement agencies use Edge
service. These include several law enforcement agencies and first responders.
Having reliable wireless phone service provides a redundant form of communications
should the ILEC experience outages such as storm-related outside plant failures, fiber cuts or
widespread call processing failures. For example, when activation of the tsunami warning system
along rural sections of the Oregon and California coast generated high call volumes resulting in
failed ILEC call processing, residents were able to stay connected using the robust call capacity
provided by Edge s network. Edge has received the 2004 Excellent Network Award from Nortel
Networks acknowledging Edge s commitment to operating a very reliable network.43
Competitive Response.
By designating Edge as an ETC competition will be increased in the proposed service
area. As a result, both Edge and the other carriers serving that area will be motivated to
implement advanced communications services and continually improve service quality levels in
order to attract customers for their respective services. The public interest standard under
42
See Exhibit G, CPUC letter commending Edge.
43
See Exhibit N.
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Section 2I4( e )(2) for designating ETCs in teITitories served by rural telephone companies
emphasizes competition and consumer benefit, not incumbent protection. There is no question
that, if Edge is designated as an ETC and is, therefore, better able to compete for local exchange
customers, it will spur a competitive response from affected ILECs: service quality and
customer service will improve; new investments in plant will be made; high speed data (DSL)
may be deployed more quickly to retain and attract customers; and wider local calling areas
bundled service offerings, and lower prices overall will be introduced to compete with Edge to
retain and attract customers.
Another response will be increased investment in areas that are the ILEC's strengths. For
example, many ILECs advertise the advantage that wireline facilities offer in the area of high-
speed data or Internet access. The affected ILEC can be expected to use its advantage in this
area to cement and expand its customer base by investing in facilities needed to bring DSL and
other high-speed connectivity to a greater percentage of people living in rural areas. Those that
have constructed DS I-ready facilities may lower prices to attract customers. Rural consumers
will benefit from these types of investment and price competition, and Edge believes that the use
of high-cost support to develop competitive services in rural areas can be a powerful driver of
broadband development by ILECs, who will be forced to respond.
Edge s enhanced coverage will also help economic development in rural areas. One
the key components in a decision to locate a new business, or to move an existing business, is the
quality of overall telecommunications infrastructure in a particular area. More and more
wireless connectivity is an indispensable part of that equation. If telecommunications
infrastructure is substandard in a particular area, businesses that serve the community's needs
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and create jobs may be compelled to leave. Preserving and expanding economic development in
rural areas is in the public interest and a grant of Edge s Application will further that objective.
Cream-Skimming
In two recent ETC designation orders 44 the FCC has addressed concerns relating to
perceived cream-skimming in rural areas. According to the FCC, cream-skimming occurs when
competitors seek to serve only the low-cost, high revenue customers in a rural telephone
company s study area. This Commission has stated that:
In instances where an ETC applicant seeks designation below the study level of a
rural telephone company, the Commission shall also conduct a cream skimming
analysis that compares the population density of each wire center in which the
ETC applicant seeks designation against that of the wire centers in the study area
in which the ETC does not seek designation. In its cream skimming analysis the
Commission shall consider other factors, such as disaggregation of support by the
ILEC.45
There are only two rural ILEC study areas in Idaho in which Edge proposes to serve
fewer than all of the wire centers in the particular study area, Citizens and CenturyTel- Gem
State. With respect to the Citizens study area, only the Fairfield, Carey, Springfield and
Aberdeen wire centers fall within Edge s licensed territory. In order for there to be potential
cream-skimming, these would need to represent low cost Citizens wire centers. To the contrary,
these wire centers are actually among the higher eost wire centers in the Citizens study area.
Attached as Exhibit 0 is a copy of the federal universal service support disaggregation plan that
44 In re Federal-State Joint Board on Universal Service, Virginia Cellular, LLC, PetitionforDesignation as an Eligible Telecommunications Carrier in the Commonwealth of Virginia FCC
03-338, 19 FCC Red 1563 (released January 22 2004) Virginia Cellular ); In re Federal-StateJoint Board on Universal Service, Highland Cellular, Inc. Petitionfor Designation as an
Eligible Telecommunications Carrier in the Commonwealth of Virginia, FCC 04-19 FCC
Rcd 6422 (released April 12, 2004) Highland Cellular
45 IPUC ETC Requirements Order p. 16.
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Citizens filed with this Commission. As shown on Exhibit 0, the Fairfield, Carey and
Springfield wire centers fall into Zone 3, which includes all of the highest cost wire centers in the
Citizens study area. The Aberdeen wire center is included in Zone 2, the next highest cost set of
wire centers. None ofthe Citizens wire centers in Edge s proposed ETC area fall within Zone 1,
the lowest cost Citizens wire centers. Accordingly, there is no potential cream skimming.
Having disaggregated its federal universal service support in Idaho, Citizens has already taken
steps to eliminate possible cream skimming.
With respect to the CenturyTel- Gem State study area, only the Richfield wire center
falls within Edge s licensed territory. Unlike Citizens, CenturyTel- Gem State has not
disaggregated its universal service support. Accordingly, cost of service data for the wire centers
within its study area is not readily available. Population density, however, can be used as a
sun-agate to measure relative cost of service between wire centers.
Exhibit Q is a chart that compares population density in the Richfield wire center with
population density in the remaining CenturyTel- Gem State wire centers, namely, Grandview
Bruneau and Grassmere. As Exhibit Q shows, the Richfield wire center has an average of
approximately 3.76 persons per square mile. The other CenturyTel- Gem State wire centers
have an average of approximately 4.02 persons per square mile. Thus, Edge is actually serving a
less densely populated and higher cost wire center than the average CenturyTel- Gem State wire
center and no cream-skimming will occur.
46 This conclusion' is also supported by Exhibit P, which compares population density in those
Citizens wire centers falling within and those falling outside of the proposed Edge ETC area.
falling outside the
47 See IPUC ETC Requirements Order p. 16.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNA nON
PDX 1578899v2 0054189-000049
Page 25
DRAFT - NOT FOR EXECUTION
State and Federal Precedent.
Designation of Edge as an ETC is consistent with ETC decisions across the country.
There are now numerous cases at the state and federal level where designation of a wireless
carrier as an ETC in a rural area was found to be in the public interest. Numerous state
commissions and the FCC have repeatedly found that designating wireless carriers as ETCs will
promote competition, advance universal service, and further the deployment of advanced
services. For example, in its decision to designate Rural Cellular Corp. ("RCC") as an ETC, the
Washington Utilities and Transportation Commission stated: "Granting ETC designation to RCC
. . . will facilitate the telecommunications choices available to rural citizens, support the growth
of new technologies and services, preserve and advance universal service, and promote
competition and the benefits it brings.,48 More recently, in designating Midwest Wireless
Communications, LLC as an ETC in Minnesota, the Minnesota Public Utilities Commission held
that
, "
( c )ompetition would benefit consumers in southern Minnesota by increasing customer
choice (from no choice in most areas to more than one) and providing new services made
possible by wireless technologies. . . .';49 Similarly, in its decision designating Western Wireless'
as an ETC in the State of Wyoming, the FCC held: "Designation of competitive ETCs promotes
competition and benefits consumers in rural and high-cost areas by increasing customer choice
innovative services and new technologies. ,,50
48 RCC Minnesota, Inc., d/b/a Cellular One Order Granting Petition for Designation as an
Eligible Telecommunications Carrier, WUTC Docket No. UT-023033 (Aug. 14, 2002), ~68.49 Midwest Wireless Communications, LLC, OAf,!: Docket No. 3-2500-14980-, Minn. PUCDocket No. PT6153/AM-02-686, adopted Feb. 13 2003 (order pending), adopting ALl's
Findings of Fact, Conclusions of Law, and Recommendation (ALl Dec. 31 , 2002), ~3 50 Western Wireless Corporation Petition for Designation as an Eligible Telecommunications
Carrier in the State of Wyoming, Memorandum Opinion and Order 16 FCC Rcd 48 55 (2000).
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNA nON
PDX 1578899v2 0054189-000049
Page 26
DRAFT - NOT FOR EXECUTION
For all of the above reasons, the public interest would be served by the designation of
Edge as a competitive ETC throughout its requested service area.
Commitment to Serve Requesting Customers
Consistent with the IPUC ETC Requirements Order Appendix p. 2, Edge is committed
to answering all reasonable requests for service within its proposed ETC service area. Edge
wants to use high-cost support prudently, to improve service to as many people as possible
while also extending service to as many requesting customers as possible.
Edge will use the following, six-point checklist in answering requests from residents
within its proposed ETC area, but outside its existing network coverage: (1) determine whether
the customer s equipment can be modified or replaced to provide acceptable service; (2)
determine whether a roof-mounted antenna or other network equipment can be deployed at the
premises to provide service; (3) determine whether adjustments at the nearest cell site can be
made to provide service; (4) determine whether there are any other adjustments to network or
customer facilities that can be made to provide service; (5) explore the possibility of offering
resold service; and (6) determine whether an additional cell site, a cell-extender, or repeater can
be employed or constructed to provide service.
VI.Redefmition Required in Rural Areas.
Edge s proposed ETC area covers the all rural ILEC study areas in their entirety, except
for the Citizens and CenturyTel- Gem State study areas. As explained above, Edge s proposed
ETC area covers four of the 18 wire centers in the Citizens study area and one of the four wire
APPLICA nON OF EDGE WIRELESS FOR ETC DESIGNATION
pox 1578899v2 0054189-000049
Page 27
DRAFT - NOT FOR EXECUTION
centers in the CenturyTel- Gem State study area. 51 Accordingly, Edge proposes that the
Commission, with the concurrence of the FCC, redefine the Citizens and CenturyTel- Gem
State study areas to the wire center level.
VIll. HIGH-COST CERTIFICATION
Under FCC Rule Sections 54.313 and 54.314, carriers wishing to obtain high-cost
support must either be certified by the appropriate state commission or, where the state
commission does not exercise jurisdiction, must self-certify with the FCC and the Universal
Service Administrative Corporation ("USAC") their compliance with Section 254(e) of the
Telecom Act. Exhibit R is a copy of Edge s high-cost certification. Edge respectfully requests
that the Commission issue a finding that Edge has met the high-cost certification requirement
and that Edge is, therefore, entitled to begin receiving high-cost support as of the date it receives
a grant of ETC status.
IX.LEGAL AUTHORITY
The Commission has the legal authority to grant the relief requested by Applicant
pursuant to 47 U.C. ~ 214(e)(2); 47 C.R. ~ 54.201; see also, IPUC ETC Requirements Order.
51 See Exhibits B and C.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
PDX 1578899v2 0054189-000049
Page 28
DRAFT - NOT FOR EXECUTION
RELIEF REQUESTED
For the reasons set forth above, and pursuant to Section 214(e)(2) of the Act, Edge
requests that the Commission enter an Order designating Edge as an ETC for the areas described
herein and that the Commission enter its Order at the earliest possible date.
Dated the day of January, 2007.
Respectfully submitted
EDGE WIRELESS, LLC
By: DRAFT - NOT FOR EXECUTION
Mark P. Trinchero, OSB #88322
DAVIS WRIGHT TREMAINE, LLP
1300 S.W. 5th Avenue, Suite 2300
Portland, Oregon 97201
[phone]
APPLICA nON OF EDGE WIRELESS FOR ETC DESIGNA nON
pox 1578899v2 0054189-000049
Page 29
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Elhibit B
Idaho Telephone Exchanges
and Company Areas
Regulated Companies
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EXHIBIT C
ILEC WIRE CENTERS WITHIN
EDGE WIRELESS PROPOSED ETC AREA
NON-RURAL ILEC WIRE CENTERS
Qwest Communications
AMFLIDMA (American FaIls)
BLFTIDMA (Black Foot)
BLSIDMA (Bliss)
BNCRIDMA (Bancroft)
BRL YIDMA (Burley)
BUHLIDMA (Buh1)
CSFRIDMA (Castleford)
DWNYIDMA (Downey)
EDHZIDMA (Eden-Hazelton)
GDNGIDMA (Gooding)
GRACIDMA (Grace)
HALYIDMA (Hailey)
HGMNIDMA (Hageffilan)
IDFLIDMA (Idaho Falls)
JERMIDNM (Jerome)
KMBRIDMA (Kimberly)
KTCHIDMA (Ketchum)
LHSPIDMA (Lava Hot Springs)
MCCMIDMA (McCammon)
MRTGIDMA (Mur1augh)
MTPLIDMA (Montpeller)
PCTLIDMA (pocatello)
PSTNIDMA (preston)
RBRTIDMA (Roberts)
RGBYIDMA (Rigby)
RIRIIDMA (Ririe)
RXBGIDMA (Rexburg)
SDSPIDMA (Soda Springs)
SHL YIDMA (Shelley)
SHSHIDMA (Shoshone-Dietrich)
AFTNWYMA (Tygee Valley)
TWFLIDMA (Twin Falls)
WINDLIDMA (Wendell)
PDX 1575371v1 0054189-000049
EXHIBIT C
Page I of 4
EXHIBIT C
Page 2 of 4
RURAL ILEC WIRE CENTERS
Albion Telephone Companv
ALBNIDXC (Albion)
ALMOIDXC (Almo)
ARCOIDXC (Arco)
ELBAIDXC (Elba)
HLBKIDXC (Holbrook)
HOWEIDXC (Howe)
MSLTIDXC (Malta)
MCKYIDXC (Mackay)
MLCYIDXC (Malad)
MOORIDXC (Moore)
RFRVIDXC (Raft River)
CenturvTel of the Gem State
RCFDIDXC (Richfield)
CenturvTel of Idaho. Inc.
LEDRIDXC (Leadore)
NFRKIDXC (North Fork)
SLMNIDXC (Salmon)
Citizens Telecommunications Companv of Idaho
ABRDIDXC (Aberdeen)
CARYIDXC (Carey)
FRFDIDXC (Fairfield)
SPFDIDXC (Springfield)
Custer Communications
CHLSIDXC (Challis)
CYTNIDXC (Clayton)
EKBNIDXC (Elk Bend)
MA YIDXC (May)
STNLIDXC (Stanley)
PDX 1575371v1 0054189-000049
EXHIBIT C
Page 3 of 4
Direct Communications
ARBNIDXC (Arbon)
PARSIDXC (paris)
RKLDIDXC (Rockland)
Filer Mutual
FILRIDXC (Filer!)
FILRIDXC (Fi1er2)
HLSTIDXC (Hollister!)
HLSTIDXC (Hollister2)
Fremont Telecom ComDanv
ASTNIDMA (Ashton)
ST A TIDMA (St. Anthony)
ISPKIDMA (Island Park)
Mud Lake
DUBSIDXC (Dubios)
HAMRIDXC (Hamer)
KLGRIDXC (Kilgore)
MNVWIDXC (Monteview)
TRTNIDXC (Terreton)
Project Mutual
MNDKIDXC (Minidoka)
NRLDIDXC (Norland)
OKL YIDXC (Oakley)
AULIDXC (paul)
RPRTIDXC (Rupert)
Silver Star - Teton TeleDhone
DRGSIDMA (Driggs)
TTNIDMA (Tetonia)
VCTRIDMA (Victor)
POX 1575371vl 0054189-000049
, ExIDBiTC.-"
Page 4 of 4
Silver Star Communications
FRDMWYXC (Freedom)
IRWNIDXC (Irwin)
WAYNIDXC (Wayan)
PDX 1575371vl 0054189-000049
EXHIBIT D
THIS EXHIBIT ALLEGEDLY
CONTAINS TRADE SECRETS
OR CONFIDENTIAL MATERIAL
AND IS SEPARATELY FILED.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
Edge Wireless :: LocalEdge Rate Plan
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EXHIBIT E
Page 1 of 5
About Us I (;;Jreers I Press Room I Bill Pay I Send a Message cingular-
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LocalEdge
The LocalEdge Plan is one of the most economical ways to enjoy all the
convenience and benefits of wireless. You won t have to pay any nationwide
long distance charges as long as you re calling within the U.
All plans also offer features like call waiting, voice mail, and call
forwarding,Edge Rate Plans
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L()CdiEdge
INCL'NIG!-n)'10mu:,NATIGNWnW M)!)!,.'MONTHLY TO,PL,t,N j\CCES':;i\NVT!Mf,Wt'tKEND ~WBIU,LONG HO"'-!r,) N(,HINUTf$'MINU'ffS"~UNurf5'DJ"'j,td\lCF'MINny""
LacalEdge 800 $34,800 1500 N/C 30t;
LocalEdge 1100 $44.1100 Unlimited Unlimited NiC 30 Ii
Loca1Edge 1500 $64,1500 Unlimited Unlimited N/C 30~
LocalEdge 2000 $79,2000 Unlimited Unlimited N/C 30"New to Edge?
Try our "Nice for 30 days.Loca!Edge 3000 $99,3000 Unlimited Unlimited N/C 3011If you don t like it,LocalEdge 3500 $149.3500 Unlimited Unlimited N/C 30.;:walk away
with no cancell.ation fees.LocalEdge 6000 $299,6000 Unlimited Unlimited N/C 30.;.Click here for details.
L0calEctge 10000 $499,10000 Unlimited Unlimited NiC 30;;:
LocalEdge Share $14,Unlimited Unlimited N/C 30(0:
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Page 2 of5
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Cl)nditlOns I Return Policy i Rebate fonn
CoPYrIght ;~) 2006 Edge Wireless, Llc.
All other trademarkS are the property of their respective owner$,
h ttp:/Iwww . ed gewirel es s. CO mI rat esll ocalEd g e. h tmI 12/21/2006
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Page 3 of 5
About Us I Careers I Press Room I Bill Pay ( Send a "'4J$$age cingular'
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Coverage Areas
Edge Wireless Local Edge Rate Plan areas.
OR/CA
Click map for detail
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Edge Wireless:: Coverage Areas EXHIBIT E
Page 4 of 5
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Terms of Use I Accept;;.ble Use Policy I Privacy Policy I Contact Us I Subscriber Terms and ConditilJns I Prepaid Terms an.1 CoruJiti.
Return PolICY I Rebate Form
Copvright (0 2006 Edge Wireless, lLc.
All other trademarks are the property of their respective ('wners.
ttp:/lwww . ed gewire less. com! ratesl co V erag e Areas. html 12121/2006
EXHIBIT E
Page 5 ofS
, "....,
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Explanation of Rates and Charges:
Activation is subject to credit approval; a deposit or valid major credit card may be required.
Usage limitations may apply. If Service Limit Monitoring is required for activation, you will be
limited to a maximum of two wireless calling plans on your account.
Call Waiting, Conference Calling, Call Forwarding and Voice Mail will incur applicable airtime.
roaming and wireless long distance charges. When using the Call Waiting and Conference
Calling features, you will be charged for the minutes of use for both lines which are being utilized
during the call. If a calling card or credit card is required to complete a call, different rates apply.
Due to delayed reporting between carriers, wireless usage may be billed in a subsequent month.
This usage will be charged as if used in the month billed.
When using your device outside the Edge Wireless Network, some features may not work,
Coverage is not available in all areas of the United States.
If your Rate Plan includes a predetermined allotment of services (for example. a predetermined
amount of airtime or text messages), any unused allotment of services from one billing cycle will
not carry over to any other billing cycle.
Fees: Reconnection - $25 per line; Returned Check Charge - $20; InfoEdge - 15t/. per call (whileon the Edge Wireless Network) plus airtime, roaming and wireless long distance. If you have any
questions, please call 611, free of charge from your wireless device while on the Edge Wireless
Network, or call 1- 866-221-EDGE (3343).
Plan rates may not be available when using your phone outside the United States; International
wireless long distance not included. May not be combined with certain wireless offers and
promotions.
approved
EXHIBIT F
Page 1 of2
IDAHO PUBLIC UTILITIES COMMISSION
IDAHO 208-334-0300
APPROVED TITLE 61 TARIFFS - PRICE LISTS
Albion Telephone Company, Inc/ dba ATC - Local Exchange Tariff
Cambridge Telephone Company, Inc. - Local Exchange Tariff
CenturyTe1 ofIdaho, Inc./dba CenturyTe1 Local Exchange Tariff
CenturyTel of the Gem State, Inc./ dba CenturyTel - Local Exchange Tariff
Citizens Telecommunications Company ofIdaho Local Exchange Tariff
Citizens Telecommunications Company ofIdaho Access Service Tariff
Direct Communications Local Exchange Tariff
Fremont Telecom Company Local Exchange Tariff
Idaho Rural Exchange Carriers / Pages 1 - 203 / - Access Service Tariff
Idaho Rural Exchange Carriers / Pages 204 - 406 / - Access Service Tariff
Inland Telephone Company - Local Exchange Tariff
Midvale Telephone Exchange, Inc. - Local Exchange Tariff
Midva1e Telephone Exchange, Inc. - Access Service Tariff
Oregon-Idaho Utilities, Inc. - Local Exchange Tariff
Potlatch Telephone Company - Local Exchange Tariff
Sections 1 - 4
Sections 5 - 7
Sections 8 - 11
Rural Telephone Company Local Exchange Tariff
Silver Star Communications Local Exchange Tariff
http://www.puc.state.id.us/tariff!approvediTitle61/approved.htrn 12/21/2006
approved
EXHIBIT F
Page 2 of 2
Teton Telecom - Local Exchange Tariff
http://www.puc.state.id.us/tariff/'approved/Title61/approved.htm 12/21/2006
EXHIBIT G
PUBLIC UTILITIES COMMISSION
STAT&: 01'" CALIFORNIA
505 VAN NESS AV&;NUE
SAN FRANCISCO. CALIFORNIA 94102
RACHELLE CHONG
COMf"USSJONtE..December 7, 2006
TEL [phone]FAX' 04151703-3352
Donnie Castleman, President
Edge Wireless
650 SW Columbia
Suite 7200
Bend, OR 97702
Re: Edge s Assistance to Authorities in Locating the James Kim Family
Dear Mr. Castleman:
I wanted to commend your two employees, Eric Fuqua and Noah PugsJey, who
spent long hours assisting search and rescue teams to help Ioca.te the James Kim family of
San Francisco. eventually providing key infonnationthat Oregon authorities say helped
locate and rescue Kati Kim and her two young daughters. I praise your employees
dedication, determination and ingenuity in using wireless technology to help authorities
focus on a particularly geographic area where the family was likely to be. I also thank
Edge for making available a temporary cell-on-wheels and 30 wireless phones to search
and rescue teams. so they could communicate. While I am deeply saddened by the loss of
James Kim who died in a heroic attempt to seek help for his family, we cannot forget that
without the efforts of so many good-hearted people like your employees, Mr. Pugsley and
Mr. Fuqua, we may have lost Kati and the children.
Please extend my sincere thanks and congratulations on a job wen done to both
them and to your company for your lifesaving assistance to the authorities.
cc:Eric Fuqua
Noah Pugsley
Steve Largent, CTIA CEO and President
Stan Sigman, Cingular CEO and President
...
EXHIBIT H
-- -- --,,--
December 17, 2006
Jeff
Several months ago our 911 dispatch center received a call requesting
medical assistance for man who had fallen from a horse and had a broken his
leg. The location was described as in the Mount Independence area. The
area is somewhat remote and very large. We determined that the caller was
using an Edge Wireless phone. We contacted Edge Wireless, explained the
situation. Very soon they called use back informing us that three 911 calls
had hit a cell site in Twin Falls and one had been received at a cell site in, I
believe the Hansen area. They told us that the sectors that had received the
call would indicate the call came from southeast of Twin Falls. The
information helped us detennine what side of the Mountain the injured man
was located and we were able to concentrate our search. Our emergency
workers located the man and he was air lifted to the hospital. The
information given by Edge was extremely valuable in finding the patient and
transporting him to advanced medical help.
Recently, a young man called our 911 center threatening suicide. We
contacted Edge to find out what area he was calling from. However, before
we faxed our written request to Edge we located the young man. However
Edge was very willing to help us.
Thanks for your help,
Kent R. Searle
Cassia County 911 coordinator
Edge Wireless:: LocalEdge Rate Plan
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If you don t like it,
wane away
with no canceUation fees.
Click 1..,ro, for details.
EXHIBIT I
Page 1 of 5
About Us I Careers I Press Room I Bill Pay I Send a Message cingular'
-"...
lifeline
For eligible Oregon residents, the Lifeline Plan is an economical way to
enjoy the convenience and utility of digital wireless service. You won
pay long distance charges as long as you re calling to anywhere in the
50 United States.
All plans also offer features like call waiting, voice mail, and call
forwarding,Edge Rate Plans
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Caller 10
Call Waiting
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lifeLine
.IV""Additional Options
InfoEdge" #555 - 75~ plus airtime
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Speed Bills Online Bill Pay,....Free!
Handset Insurance Available
Roadside Assistance Available
1:" H,.u Ii c,,:,
NONTHL Y I!\lCl'
PLAN ACCESS ANYTU1E
NJNlJTES~
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1100 Unlimited Unlimited NlC 30lf
...
Roaming and international calling are available subject to approved credit or with a
security deposit. Security deposIt may be waived if you elect to block roaming and
international dialing, If you elect to block roaming, your phone will not work on the
Partner Network (see map below),
You are eligible to participate in the Edge Wireless lifeline Rate Plan if you receiveassistance from one of the following programs:
.Food Stamps .Welfare Medical ID Card .Temporary Assistance for Needy Families
h Up: IIwww . edge wire Ie ss. co mIrates/1 i feLine. h tml 12/22/2006
Edge Wireless:: LocalEdge Rate Plan
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EXHIBIT I
Page 2 of 5
'Oregon Health Plan .Supplemental Security Income
About Us ! Careers I Press Room I Bill Pay I Send a Message cingular
" ~..',"!,
You must certify through the Oregon Telephone Assistance Program (OTAP) by calling
[phone], or online at ;""""'"l,'if i. lifeline supsidies may only be applied once
per household on either Your landline or your wireless service. Lifeline subsidies
automatically terminate upon loss of eligibility, and monthly access rates will increa$e
by $13.50. Any reduction in the available lifeline subsidy will increase monthly access
rate by the same amount.
. Included Anytime Minute$ and Night/Weekend Minutes are valid for voice colis made from or received in
your Rate Plan Area. All other usage is roaming, Night/Weekend is 7:00 p.m. - 6:59 aom, M-F, all daySaturday and Sunday, UnHmited Moblle-to-Moblle Minutes apply only to voice calls between Edge Wireless
phones th"t are placed, received and completed entirely on your local Edge Wireless Network. WithNationwide Long Distance feature, long distance charges will not apply when calling to anywhere in the
50 United States, Standard airtime and roaming charges apply. At least 50% of your Included AnytImeMinutes and Night!WeekendMinures must be on the Edge Wireless Network in each billing cycle or we
may terminate your Service.
n 2-Way SMS Includes 50 incoming or outgoing messages per month, 10\1: per additional mes$age,
f'ness:aGinG 4""U,f$.r
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Terms of Use I Acceptable U!ie Pt.licy I PrIvacy Policy I Contact Us I Subscriber Terms and ConditIOns I Prep,,"! T erm5 ;mct
((jnditions I RetLlrn Policy I Rebate Form
CoPYrIght i~' 2006 Edge Wirele5s. LLc.
AU other trademarks are the property 01 their respf'.dive owl1t,rs,
ttp:/Iwww . edg ewire less. co mI rateslli feLine. html 12122/2006
Edge Wireless :: LocalEdge Rate Plan
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Rate Plans ?. (m"cr"~l('
Areas
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Customer ServICE'S
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Ring Tones f,
Gamcs
Buy Service Onlin~
New to Edge?
Try our service for 30 days.
If you don t like it,
walk away
with no cancellation fees.
Click here for details.
EXHIBIT I
Page 3 of 5
About Us I Careers I Press Room I Bill Pay I Send a Message cingular'-"4"
Lifeline
For eligible Oregon residents, the lifeLIne Plan is an economical way to
enjoy the convenience and utility of digital wireless service. You won
pay long distance charges as long as you re calling to anywhere in the
50 United States.
All plans also offer features like call waiting, voice mail, and call
fo!'l.varding.Edge Rate Plans
LOCdiE d,
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Call Forwarding
Enhanced Voice Mail
Additional Options
InfoEdge" #555 - 754 plus airtime
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Detailed Billing
Conference Calling
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LifeLine
(on the Edge Wifeless Network:;
Wireless 101 Classes.....Free!
Speed Bills Online Bill Pay.....Free!
Handset Insurance Available
Roadside Assistance Available
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,NCU)NiGHT',NOBHJ'NI',TIONWHJl"r,Pfn'PLAN 1.IONTHl '(IINYTINf WHKlND LONG ROA~1 INGACCESS:MINUTES'NINUH:'S"NOlHU DISTANCE'FHNUTESr"INUTES'
Lifeline 800 $21.49 800 1500 N/C 30ct
lifeline 1100 $31.49 1100 Unlimited Unlimited N/C 30.;:
... After $13,50 Lifeline subsidy.
Roaming and internatIonal calling are available subject to approved credit or with a
security deposit. Security deposit may be waived if you elect to block roaming and
international dialing; If you elect to block roaming. your phone will not work on the
Partner Network (see map below),
You are eligible to participate in the Edge Wireless lifeLine Rate Plan if you receive
assIstance from one of the following programs:
.Food Stamps .Welfare Medical ID Card .Temporary Assistance for Needy Families
http://www.edgewireless.comlratesnifeLine.html 12/22/2006
Edge Wireless :: LocalEdge Rate Plan
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........ - -... .,.-...... ......... ...--..
EXHIBIT I
Page 4 of 5
-Oregon Health Plan 'Supplemental Security Income
About Us I Careers I Press Room I Bill Pay I Send a Message cingular'
-.....
You must certify through the Oregon Telephone Assistance Program (OTAP) by calling(800) 848-4442, or onUne at ;,,
':,
i 'J. Lifeline subsidies may only be applied onceper household on either your lanoline or your wireless service, Lifeline subsidies
automatically terminate upon loss of eligibility, and monthly access rates will increase
by $13.50. Any reduction in the available lifeline subsidy will increase monthly accessrate by the same amount,
* Included Anytime Minutes and Night/Weekend Minutes are valid for voice calls made from or received '11your Rate Plan Area, All other usage is roaming. Night/Weekend is 7:00 p,m, - 6:59 a,m. M-F, all daySaturday and Sunday. Unlimited Mobile-to-Mobile Minutes apply only to voice calls between Edge Wirelessphones that are placed. received and completed entirely on your local Edge Wireless Network. WithNationwide Long Distance feature, long distance charges will not apply when calling to anywhere in the
SO United States, Standard airtime and roaming charges apply. At least 50% of your included AnytimeMinutes and Night/Weekend Minutes must be on the Edge Wireless Network in each billing cycle or wemay terminate your Service.
u 2-Way SMS includes 50 incoming or outgoing mesSilges per month, lOci: per additional message,
rflle$$*,($;il"!~
2-Way SMS 250*
2-Way SMS 1000"'"
Way SMS Unlimited
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Terms of Use i Acceptable Use Policy I Privacy Policy I Cont(1ct Us I Subscriber Terms and Conditions I Prepaid Terms and
Conditions I Return Policy I Rebate Form
Copyright ii;; 2006 Edge Wrrel,~ss, LLc.
All other trademarks are the property of their respe~tlve owners,
http://www . edgewireless .com/ratesll ife Line. h tml 12/22/2006
EXHIBIT I
Page 5 of 5
. ~
de Ine
Explanation of Rates and Charges:
Activation is subject to credit approval; a deposit or valid major credit card may be required.
Call Waiting, Conference Calling, Call Forwarding and Voice Mail will incur applicable airtime, roaming and
wireless long distance charges. When using the Call Waiting and Conference Calling features, you will be
charged for the minutes of use or both lines which are being utilized during the call. If a calling card or
credit card is required to complete a call, different rates apply.
When using your device outside the Edge Wireless Network, some features may not work. Coverage is not
available in all areas of the United States.
If your Rate Plan includes a predetermined allotment of services (for example, a predetermined amount of
airtime or text messages), any unused allotment of services from one billing cycle win not carry over to any
other billing cycle.
Fees: Reconnection - $25 per line; Returned Check Charge - $20; InfoEdge - 75ct per call (while on the
Edge Wireless Network) plus airtime, roaming and wireless long distance. If you have any questions, please
call 611, free of charge, from your wireless device (while on the Edge Wireless Network) ,or call 1-
866-350-EDGE (3343).
Plan rates may not be available when using your phone outside the United States; International wireless
long distance not included. May not be combined with certain wireless offers and promotions.
EXHIBIT J
THIS EXHIBIT ALLEGEDLY
CONTAINS TRADE SECRETS
OR CONFIDENTIAL MATERIAL
AND IS SEPARATELY FILED.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
EXHIBIT K
Page 1 of 3
removea. ,
Saddam chief lawyer
Khiiled , al-Dulaimi, said he
would appeal and ~ked that
today s session be halted imme-
diately, a request Abdel-Rah-
man refused. Al-Dulaimi and al-
Obeidi left the court to prepar,e
an appeal, but the remaining six .
members of the defense teamremained.
~brahim stood and argued
briefly with Abdel-Rahman, who,
repeated,ly ordered him to sitdown.
The defense wa1kout ,threat-h~ ,ened the perception of fairness,h- in the tribunal, a key issue in aer- trial that Iraqi and U.S. of:fjcia1sto ,said would be a landmark in'he politiCal progress for a country:ed sharply tom between Sunnis andShti~.
, ~nt
. ,
The defense stormed out of. )n- court Jan. 29 after Abdel-Rah-
:ed man tossed out 'one of the)n- lawyers for,' shouting. 'Thecu- defense then said it would boy-
, cott the trial unless Abdel-Rah-
pIe man were removed, accusing
ur- him of bias against Saddam.
, Court-appointed lawyers sat in
loc- during sessions over the pastmomn.
)ur Abdel-Rabman has adopted a
ted no-nonsense ' style in the court',en since taking over the trial in '(les . early January, replacing a pre-of vious ' chief judge who Was criti-, to cized as being too lenient toward '
ned Saddam and Ibrahim's frequent .
Ilir outbursts; ,
. .
ID& Abdel-Rahman did not hasi- .
tate to throw out defendants
the who shouted in the courtroom
LJits . and even' proceeded with the
rry- trial in several sessions in Janu-
iRe-: ary that the eight defendaDtsecu- refused to attend. .
~t ~nnU(l,r
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Wor~ng hard to be Grants Pass' most
.'
RespeCted an:d recO1fimended realtors.
Notice to Oregon Resident5 .
, '. , ., . . ,
The Oregon PubliC Utility Commission has designated'
, Edge Wireless as an Eligible Telecommunications
Carrier within its Oregon service area. This d.esigna- .
. ,
tion allows Edge Wireless to provide 'subsidized
' ,
Ufeline ~rvicetoqualifled Oregon r~sic!entSwho liVe '
. within its servjce area. If you qualify, you may receivea
" ,
discouot of up to $13.50 per month on your prim~ry '
phone service. Low income individuals living on a
. . federaIJy'r~gnlz&l Triballa~ds may also be eligible'
for additional di~counts, Edge Wireless does n
. charge an activation fee and therefore the Unk-Up ,
, program is not applieal:)le to Edge Wireless. Please
visit an Edge Wireless retail store or can (866) 350- '
334~for more information on Lifeline service.
~ cingufar',"'.IL",e WIRELESS
M'M""""" ""'.u'" W""'" "!TW""
. .
GranlsPasr. EG'IE;Vi,""o~V'
; .
(541)-'71-1915 (,0",:""5'
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........~ "". ~....-
EXHIBIT K
Page 2 of 3
patrol movement. SAN FRANCISCO - As con- But he bas r&sed the sharpestgressional conservatives press questions of any border governor. .for tough-medicine steps to halt about President Bush's plan toillegal immigration, another send National Guard troops to
Republican spent this week hug- . the Mexican line to back federal
gins newly naturalized inuni- border-control efforts. He has
grants and enthusiastically host- refused to commit his Nation~ing Mexican President Vicente Guard until the Bush admimstra-Fox. tion answers questions about theHimseJf an immigrant, Gov. logistics, duration and financing
Arnold Schwanenegger is chart- of the deployment. ,
ing a different ,politiCal While differing withcourse from coDServa- the pr.esident on sometives in W.ashingto!l as " points, he 'actually ~she seeks election to a aligned more closelysecondtenn this year. with BuSh and SenateSchwarzenegger ' is Republicans on iI!1mi-emphasizing the contri- gration than with House, butions immigrants 'Republicans. have made, and, the The House passed anvalue of relations with , immigration-refonn billMexico - not a, hard~
' "
, in December thatline border lockdown. makes iUegal presenceIt's a pragmatic SCHWARZ&- in this countrj: a felony,
approach in, a border NEGGER mandates fen~ alongstate where DemocratS '700 ' miles of the U.Mexico oor-
dominate, HispaDic voter regis- der and provides, Do path to legal
, :
tration is on the rise and the GOP residency or citizenship. A differ-" is still scarred from old battles on ent approacb was approved by, immigration. "He is trying to the U.S. Senate on Thursday, 'deal with ~gration not just -including more border security ,from the ,loud voices on the left funds but also a guest-worker.and the lOud voices on the right, program, and the possibility ofbut to find a place where you can eventual citizenship for ~nydeal with, the whol~ bI'e1ldth of illegal iInmigrants. . . the iSsue " said Matthew.Dowd, " . 'On the same day the SenateSchwarzeneggers 'chief carn- voted, Schwarzenegger" met with .paignstrategist. Fox:in Sacramento. saying,Schwarzenegger advoC4tes "Mexico and Californians have a
tough border enforCement, and at , great reJationsbip.
" ,
Edge WIreless n9w oife~ discounted LIfelineplan~ to qualified partlc:ipants of certain
govemment assistance programs.Qualifytoday at tt!e'Edge Wireless store nearest you.
. ,
permanth
wt2-yr agreement
'34!:1 Reg./'r1Ct -~3!1!! I.IfeUneOl3t:ount
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EXHIBIT L
THIS EXHIBIT ALLEGEDLY
CONTAINS TRADE SECRETS
OR CONFIDENTIAL MATERIAL
AND IS SEPARATELY FILED.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
EHIBIT M
Use of cell phones by the Twin Falls District Bureau of Land Management in Rural
areas
The Twin Falls District of the Bureau of Land Management relies heavily on the use
cell phones during response to wildland fires and law enforcement emergencies. They
are used for initial notification, ordering all types of fire resources including, personnel
aircraft, and equipment and supplies. Cell phones also assist us in directing forces to theincident and obtaining current weather data.
When we are able to directly call for services in order to troubleshoot breakdowns or dealwith equipment problems that save us from returning to town this is extremely helpful.
We also frequently have the need to communicate specific issues via a one-on-one
cellular connection rather than over the radio system where everyone can listen in.
Although our two-way radio system covers a broad area, it is often busy with tactical and
safety related communications with aircraft and ground forces. Because of this
congestion the logistical portions of fire suppression have been moved to cell phone
usage. When GSM cell coverage is not available and we are responding to or suppressing
a fire, safety is hampered because these logistical efforts are added to the already
congested two-way radio system.
BLM also has a number of employees whose prime focus is resource management. These
employees often go into the rural areas to perform. their jobs alone. These employees
generally are not as familiar with the two-way radio system, but are more comfortable
using a cell phone, especially in an emergency situation.
Lastly, our district-wide fire and law enforcement activity occurs in all areas of ourdistrict, many of which do not have reliable cell coverage. To compensate we are forced
to purchase expensive satellite phones and plans. As with most cell phone users, weconsider their availability, and our ability to communicate with them, an important safetyfactor.
Edge Wireless, recipients of the 2004 Nortel Networks Excellence Award
NfJRTEL
NETWORKS'~
This award recognizes Edge Wireless for having outstanding network quality,
call reliability, and advanced technology in Idaho & Wyoming.
Ralph Stegner, Sales Director with Nortel Networks,
presents Donnie Castleman, President and COO Edge
Wireless with the Superior Network Award.
, cingular'
WIOIL..O edae WIRElESS&
-.'.'-.
0.'
""'.-""'..'-----.'"
N"'O'" O. TNO c,_u",,", W....... "'TWO..
Visit Us:
Idaho Falls
. . .. .. .. .
Buriey Hailey Jerome www.edgewire!ess
/'10\1 16 06 12: 52p I n~o Hen" i ncseh
BD 1 Z74-3227 EXHIBIT 0
Page 1 of 3
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" Triad Ccmer. Suite 200
Sah J .ake C;itYt UT 84) 80
May 6,2002
Mm. Jean )cwcJ1
Commi:s!;joD S(':C1ei.ury
-rD~H 0 PUBUC U'IU..1TIES COMMl S S)ON
472 W~Sl W2t~binw.ou SUed
:So~se,)D R37~O
Rr:f: EJeC'1ion Qfa Fedcrl'l High-Cost U1\jvcr$.aJ Service Suppon Pi~;awcga,jon )'IIIan
P"'T:-ucaffi 10 the F~(jc:n" Comn)\JtJ1c:4Iioi) Comm~ss1on s (fCC) :Rulc:! undeJ Se:ction
54.315, 'lDJ~~,ggte1?al;O'1J 2r)d t~ !Cting of $.uppon by rural 1ncumbM1loC41 ~chal1ge
carrjers
DeuMrs. Jewel)
In confouuWJce wi111 Se~ioTl 54 315 of the FCC f\11e$. this m;ng desigmncs the
CompanY $ cI('.~jon for 'lIe 'Pa1b QfDi~ggJeeatjon for lhc:: fonewing rural j1lcumb~nt
10ca1 cxchan!!e con)pany (jperating in 1bc State ofJdaho.
'..1b 3~ ~4'.lf-Cet1ifk:a1io)U for J,Ji5attr"gs(ion of FederaJ 'USF' S~pport
Citb..en:s Telel\oi'OmunicatiQI~s Company ofJdab9
, ,
For ~be Company Ho1o1~ above, we lii!VC cnc:lQ,:;cd Ian affidavit. lided "Certification of
D),538& €gilion :PhlJ1'" which pTovjdt5 a ~a'I.'mem dedarin,g th~ se1 eCled p81.b foJ
di:s~gglcealion the Comp~ny bas scJ('.C1e~ fhe name and addJ~!i ofme jnd)vidDa1(s) to be:
cQJltOl\"'1ed c-.onc.t:Jn)%)a tbe plsn ct!ins flJed 1he Smdy AJ~ Code (SAC) 8~sjgned under the
F(ld~al tJl1jvet~al Service Fund ruSF) plogram, aYJd the. ~i~"1ine ofan aUthori~ed
CQrpoli1tl: Office:l'.
In addition" we 113'\'(" ~nc1o~ed a compJete ".:scrip1iol1.0nhe rationa1e \3$00 10 COmp1-t1e
;:;nd oi ~tlMlc,ga,e tne FC'.cJeral USF ~'\,lPf'lon by catcsOTY of $uppon. the wire centers whi(:n
cQmpri$e. ~acb SUPPM itllie, tne Fedetal eST- ~upj)on pCJ line per wiac cc;ntsr (Exhibit ,1).
end e~chal18e oo\lndary mBps which d~a(ly 1dem)fy 1he '\~1c center bolJndmes oftbe
dclii~matcd di$aggJt;!,nJoTI 7.m~!: \\lilhjn Ibe Con)peny s stUdy area.
, -
C()mpl~';1e copi~s ofth1S fi)j)1g ai " a1:1o ~cing ~~n11o ,he \Jni....er!'aJ Service Admin)~rative
Company (t) SAC) in .:-!('.cordl;lJ1ce \'lJhh the FCC ru)es,
NgV 16 DB 12;S2~I I").ta ti~"h i h;so!:'r'(6CU -27"\0-.3227 EXHffilT 0
Page 2 of 3
An addhiona1 COpy Ofthis'le1ter is also en,-Josed, Please stamp this copy received andteturn,jt in iIIe enclosed ~mpcd. $clr-:address~ envelope.
Should you have any qu('stions on \be information incl~ded in ,hi& fili~& plea.sc CO1JT.a1;tmyself or the indi'Vidl.lals JiSCed OJ) the enclosed "Cf=njflcaIion of Disaggregadon Plaudocument
SincCTCJy.
"......
"--::1
- _. ~----......
La~ A. Tade '
Stare Regulatory Magager
Frontier .
A Citizens CommunicarioD!! Company
F..nclosures
xc: Administtator-USAC
M. Shultz
R., Brcckmltnn
~ .
Nov J 6 Os 12; 5C:,..IhCQ He-nn;,nI::;Sen
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EXHIBIT 0
Page 3 of3
EXHIBIT P
COMPARISON OF POPULATION DENSITY IN CITIZENS' WIRE CENTER WITHN AND OUTSIDE OF THE
PROPOSED EDGE ETC AREA
Wire ZiplWire Avg POP/Wire Center %Center % Wire cente "10 Zip code sqmile/Edge Wire 2004 ZipSq Center Sq of total COy Sq COy by Zip covered by Pop/Sq wireBTACenterZipPopulatio~miles Miles SAC Miles code Wire Center Mile/zip centerYesAberdeen832103550311,213.03%150.4 70,51%48.34%11,16.Yes Aberdeen 83211 17499 645 213.03%62,29.49%75%27.16.Yes Carey 83320 987 1329 110,09%110,100.00%32%Yes Fairfield 83313 3597 313.677,12,81%18,78%00%11,Yes Fairfield 83322 49,677.12,81%49,37%100.00%Yes Fairfield 83327 1010 1025 677.34 12.81%490 72,34%47.80%Yes Fairfield 83333 11456 531,677.12.81%11,74%22%21,Yes Fairfield 83601 236 1315 677,12,81%66,86%08%Yes Fairfield 83623 1999 502,677.34 12,81%40.03 91%96%Yes Sarinafield 83210 3550 311.225.27%149,66.08%47.99%11.41YesSarinafield832115760645225.27%17,94%78%Yes Scrinafield 83262 1327 128.225,27%23.41 10.36%18,20%10,Yes Sl'Irim~field 83320 987 1329 225.27%35.15.61%65%Cascade 83611 2353 1088 366.94%366,100,00%33.72%Donnelv 83611 2353 1088 162,07%18.43 11.36%69%Donnelv 83612 1867 698 162,07%17,10.54%45%Donnelv 83615 570 5323 162,07%34,21.52%66%Donnelv 83638 4869 2076 162.07%65,40,21%14%Donnelv 83643 121 83.162,07%26,16,37%31.65%1.44Elk CitY 83525 610 5373 817,15.47%759,92.83%14.13%Elk CitY 83530 5180 244,817,15,47%16.07%92%21,ElkCit 83554 673 349 817,15,47%41.10%11.96%Garden V~83602 66.165,13%57.78 34,95%86,95%2.34Garden V~83622 2010 678,165.13%73,44,52%10.85%Garden V~83629 1756 301.165.13%26,16.12%84%Garden V~83631 1099 564,165.13%41%29%2.34Homedale83628423044,71,36%44.61,64%98,24%94,79.Homedale 83639 2995 51.48 71,36%11,02%15.35%58.79.Homedale 83650 1663 1993 71,36%13,26%48%79.Homedale 83676 4463 42.71,36%10,14.08%23.58%104.79.Horseshoe 83602 66,135.56%02%14,30%Horseshoe 83611 2353 1088 135,56%09%88%Horseshoe 83629 1756 301.135.56%110.81.73%36.72%Horseshoe 83631 1099 564,135.56%618 15%00%McCall 83549 733 920,374.07%25.78%75%McCall 83615 570 5323 374.07%17.79%34%McCall 83638 4869 2076 374.07%308,82.53%14.87%McCall 83654 1271 417.374.07%22,91%29%2.17New Mead 83549 733 920.308.83%95%99%New Mead 83612 1867 698 308.83%69,22,64%10,00%New Mead 83638 4869 2076 308,83%03%15%New Mead 83654 1271 417,308.83%226,73.37%54.15%Ola 83611 2353 1088 125.38%19.15.76%82%2.65Ola836291756301,125,38%16,13.18%51%Ola 83657 177 147.125.38%55,44.17%37,67%Ola 83670 570 151,125,38%33,26,89%22.30%Parma 83607 19413 218.104,98%2.42 32%11%88,45.Parma 83660 6366 141,104.98%102,97.68%72,10%44.45.Ricains 83525 610 5373 937.17,72%31.55 37%59%ins 83542 246 23.937.17.72%205 21,87%872,34%10.47ins8354741254.937,17,72%54,80%100.00%ins 83549 733 920.937,17,72%514.54.92%55,89%ins 83554 673 349 937.17,72%34%92%Rioains 83612 1867 698 937,17,72%61.57%82%Ricains 83654 1271 417,937.17,72%66,13%16,01%Sweet 83617 14834 221.126,40%17,13.64%82%67.13.Sweet 83629 1756 301,126.2.40%41,32.74%13,77%13.Sweet 83670 570 151,126,40%67.53,62%44,76%13.White Bird 83522 1767 398.327,20%121,37,11%30.52%WMe Bird 83542 246 238.327,20%11,46%77%White Bird 83554 673 349 327,20%194.59.43%55,85%2.83WIlder836606336141,36.69%16,07%17%44.94.Wilder 83676 4463 42,36,69%30,83.93%71.94%104,94.5288.03 15.93 SAC AVG
99 Edge AVG
1580137 1 ,xis
EXHIBIT Q
COMPARISON OF POPULATION DENSITY IN CENTURYTEL-GEM STATE WIRE CENTERS WITmN AND
OUTSIDE THE PROPOSED EDGE ETC AREA
Wire Zip/Wire Avg POPIWireCenter %Center % WIre center % Zip code sqmilelEdgeWire2004ZipSqCenter Sq of total COy Sq cov by Zip covered by Pop/Sq wireBTACenterZiDPoDulationmilesMilesSACMilescodeWire Center Mile/ziD centerYesRichfield833133597313,397 10.23%87.22,01%27.89%11,Yes Richfield 83320 987 1329 397 10.23%15.01%20%Yes Richfield 83327 1010 1025 397 10.23%11,00%16%Yes Richfield 83348 11,397 10,23%11.91%100,00%Yes Richfield 83349 936 590,397 10,23%235 59.19%39.78%Yes Richfield 83352 2858 539,397 10.23%2.47%81%Yes Richfield 83324 587 69,397 10.23%01%73%Grandviev.83716 15319 335.1095 28,21%115,10.57%34.50%45,10.Grandviev.83648 8637 155.1095 28,21%102,36%65.92%55.10.Grandl/iev.83624 1618 3109 1095 28.21%324 29.59%10.42%10.Grandvlev.83650 1663 1993 1095 28.21%542 49.50%27,20%10.Bruneau 83624 1618 3109 1237 31,87%536.43,40%17.27%Bruneau 83647 17072 813,1237 31.87%15.23%87%20.Bruneau 83648 8637 155,1237 31,87%13.05%37%55.Bruneau 83604 842 2466 1237 31,87%665,53.82%27.00%Grasmere 83624 1618 3109 1153 29,70%942,81,74%30,32%Grasmere 83604 842 2466 1153 29,70%216,18.78%78%
3882 02 SAC AVG
76 EdgeAVG
1580143 xls
EXffiBIT R
January 2, 2007
Mr. Joe Cusick
Section Supervisor
Telecommunications Staff
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
Re:Edge Wireless, LLC
Certification for High Cost Loop Support
Dear Mr. Cusick:
I am Donald Castleman, President and Chief Operations Officer for Edge Wireless, LLCEdge). This certification is submitted on behalf of Edge in accordance with FCC rule Sections
54.313 and 54.314. On behalf of Edge, I hereby certify under penalty of perjury that all high-
cost support provided to the company will be used only for the provision, maintenance, andupgrading of facilities and services for which the support is intended, pursuant to Section 254( of the Telecommunications Act of 1996.
Edge Wireless, LLC
By:
Title: President and Chief Operations Officer
Date:
SUBSCRIBED AND SWORN TO AND ACKNOWLEDGED before me this day of2007.
NOTARY PUBLIC
My Commission Expires:
PDX 1580130v1 0054189-000043
EXHIBIT D-
THIS EXHIBIT ALLEGEDLY
CONTAINS TRADE SECRETS
OR CONFIDENTIAL MATERIAL
AND IS SEPARATELY FILED.
APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION
Page 2 of 3
Thanks , Jean!
From: Jean Jewell (mailto:Jean.Jewell~puc.idaho.govJ
Sent: Tuesday, January 23, 2007 9:09 AM
To: Molly O'leary
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Good morning, Molly! Our next Decision Meeting will be next Tuesday, January 30th, at 11 :00 a,m, Staff
and an attorney will be assigned to this case today, and they should be able to answer your question about
when it will be on the agenda, I will let you know who the attorney will be for this case when I find out.
Jean Jewell
Commission Secretary
iean.jewellCC'V.puc. idaho,gov
208-334-0338
-----Original Message-----
From: Molly O'leary (mailto:molly~richardsonandoleary.comJ
Sent: Monday, January 2007 5:11 PM
To: Jean Jewell
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Jean - When will the next Decision Meeting be? Will Edge Wireless s ETC
Application be on the agenda?
Thanks!
From: Maiser~PUCLIST.IDAHO.GOV (mailto:Maiser~PUCLIST.IDAHO.GOVJ On Behalf Of Jean Jewell
Sent: Monday, January 22, 2007 4:25
To: ipuc cam(Qjpuclist.idaho.gov
Subject: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
THE FOLLOWING IS THE IDAHO PUBLIC UTILITIES COMMISSION'S AGENDA FOR A
DECISION MEETING to be held on Wednesday, January 24, 2007 at 1:30pm. The agenda is
published forty-eight (48) hours in advance of each meeting. Meetings are held in the
Commission s Hearing Room at the IPUC, 472 West Washington Street, Boise, Idaho. The time
and the agenda are subject to change. Please check with Jean Jewell, Commission Secretary, at
334-0338 if you have any questions.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
1, Minutes of Decision Meeting on January 16, 2007. Minutes have been circulated to the commissioners
for review and are ready for consideration,
CONSENT AGENDA
2, Grace Seaman s January 19 2007 Decision Memorandum re: Potlatch Telephone Company Advice
Letter No. 07-01 P to Grandfather Advanced Calling Services Privacy Pack Bundle,
~. Grace Seaman s January 19 2007 Decision Memorandum re: Staff Review of Interconnection
Agreements, Case Nos. VZN-06-03; ATT-98-01/GTE-98-08.
MATTERS IN PROGRESS
1, Daniel Klein s January 22 , 2007 Decision Memorandum re: Formal Complaint of Bill Uhl and Doris
Helge,
4/4/2007
Page 3 of 3
9., Donovan Walker s January 22, 2007 Decision Memorandum re: Idaho Power s Application for Approvalof a Power Purchase Agreement with Telocaset Wind Power Partners, LLC, Case No, IPC-06-31,
RULEMAKING
None,
FULLY SUBMITTED MATTERS
None.
EXECUTIVE SESSION MATTERS
None,
1::'
4/4/2007
bGge WIreless hI C ApplIcatJ ~~Page 1 of
From: Trinchero, Mark rmarktrinchero~DWT.COMJ
Sent: Tuesday, January 23, 2007 11 :58 AM
To: grace,seaman~puc_idaho.gov; cece.gassner~puc.idaho.govCc: Molly O'leary
Subject: Edge Wireless ETC Application
-o/~
Molly O'leary
-c::-c::UM 1084 Direct Testimony of Don Woods.pdp.::- -c::-c::UM 1084 Opening Post-Hearing Brief.pdf::-::- -c::-c::04-356.url::-::-
Grace and Cece
The Edge ETC application was filed with the Commission yesterday. You will see that, pursuant to yourrecommendation, the Citizens and CenturyTel - Gem State wire centers have been removed from the proposedETC area. Hopefully, that will allow the application to be processed more quickly. Edge remains interested
however, in eventually obtaining ETC status in those Citizens and CenturyTel - Gem State wire centers, To that
end , please let us know how we might be able to assist you in your research regarding redefinition.
As I mentioned on our call last week, the Oregon PUG looked at the redefinition issue in detail when it designated
US Cellular and RCC as ETCs back in 2004, determining that it was in the public interest to redefine the servingareas of a number of rurallLECs. I went back to my US Cellular file and have attached here the relevant portions
of USCG testimony, briefing and the OPUC final order in that docket (see pages 14-15). Hopefully this willanswer some of your questions,
Thanks
Mark Trinchero I Davis Wright Tremaine LLP
1300 SW Fifth Avenue, Suite 2300 I Portland, OR 97201
Tel: [phone] Fax: [phone] Mobile: [phone]
Email: marktrinchero((2).dwt,com I Website: www,dwt,com
Anchorage I Bellevue I Los Angeles I New York 1 Portland I San Francisco I Seattle 1 Shanghai I Washington, D,
Disclaim~r: Thi~ message ~ay contain confidential communications protected by the attorney client
privilege. Ifyou received this message In error, please delete it and notify the sender.
1/23/2007
USCC/!
BEFORE THE PUBLIC UTILITY COMMISSION
OF OREGON
Application of United States Cellular
Corporation for Designation as an
Eligible Telecommunications Carrier
Pursuant of the Telecommunications
Act of 1996
Docket No. UM 1084
Direct Testimony of
DON J. WOOD
on behalf of
United States Cellular Corporation
Dated:. December 22, 2003
PDX :IO93741vl 61797-
-. -- . -
----.i
USCC/1
Wood/78
Rebuttal Testimony of Don J. Wood on behalf of United States Cellular Corporation, Inc.
Public Utility Commission of Oregon Docket No. UM 084 December 2003
Customers will decide whether or not to choose US Cellular services; if they are
sufficient quality, US Cellular will gain both customers and support. If US Cellular
services are not of sufficient quality, US Cellular will not gain customers and will not
receive USF support.
Section 3: US Cellular s Request to Define its Service Area as Having a Boundary Otherthan the Boundary of the ILEC Study Area
US Cellular s Requested Service Area Redefinition Will Have No Impact On The ILECs
DOES THE "REDEFINITION" OF AN ILEC STUDY AREA IMP ACT THE ILEC'
NETWORK, OPERATION, OR USF FUNDING IN ANY WAY?
No. Nothing about service area redefinition affects and ILEC's study area or how its high-
cost support is calculated. RedefIning an ILEC service area is only significant to
competitors who wish to enter in an area that is less than the ILEC's entire study area.
Staff witness Wright correctly points out (p. 20) that this process does not affect an
ILEC's study area
, "
service area redefinition relates only to how support is distributed for
Federal USF purposes. Any redefinition ofILEC service areas triggered by the
Commission granting Federal ETC status to US Cellular will have no effect on existing
USCC/l
Wood/79
Rebuttal Testimony of Don J. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 2003
ILEC certificated service tenitory boundaries." In fact, any service area redefinition that
is performed will only enable the Commission to establish the area within which US
Cellular will qualify for USF support. It will have no impact on the ILECs at all, other
than to open their markets to competition and enable consumers living in those areas to
receive the benefits of high-cost support.
OTA WITNESSES ARGUE THAT US CELLULAR'S REQUEST FOR SERVICE
AREA "REDEFINITION' SHOULD NOT BE GRANTED. DO THEIR REASONS
HA VB MERIT?
No. The OTA witnesses' arguments are , without exception, based on one of three
fundamental misunderstandings about this process: (1) a "redefinition" of an ILEC
service area for the purpose of establishing a CETC service area will have an impact on
the ILEC, (2) a 1996 Joint Board recommendation to the FCC somehow represents
constraints that must be applied in this proceeding, and (3) US Cellular could, ifit wished
to do so, provide service anywhere in the study area of the rural ILECs for which
redefinition" is being requested.
The Testimony Of OTA Witnesses Regarding Service Area Redefinition Betrays A FundamentalMisunderstanding About The ProcessQ. PLEASE EXPLAIN WHY YOU BELIEVE THE OT A WITNESSES
~ ,
----1
USCC/1
Wood/80
Rebuttal Testimony of Don J Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 2003
MISUNDERSTAND THE IMP ACT ON ILECS OF A SERVICE AREA
REDEFINITION.
OT A's testimony betrays fundamental misconceptions regarding the purpose of this
proceeding and its impact on the ILECs; specifically, it fails to accurately portray how
the ILECs will actually be impacted by redefinition. The "redefinition" that US Cellular
seeks will detennine whether US Cellular will be eligible for USF funding for services it
provides in high cost areas. The requested redefinition will not impact the eligibility of
the ILECs to receive USF, nor will it impact in any way the amount ofUSF funding that
the ILECs receive. Although the ILECs would have the Commission think otherwise, the
requested redefinition will apply specifically to the administration ofUSF funds to US
Cellular. It will in no way impact the operation of the ILECs, their networks, or the costs
they incur to provide service. In short, the requested redefinition will have significant
consequences for US Cellular as a CETC33, but will have no direct impact at all on the
ILECs. They will continue to operate as they do today and continue to receive the
cUITent number ofUSF dollars regardless of how this Commission or the FCC rules on
US Cellular s request.
33 Of course, to the extent that the requested redefinition will remove existing barriers to entry
(ana I believe it will), consumers of telecommunications services in the rural areas in question
will also be significantly impacted.
USCC/l
Woodl81
Rebuttal Testimony of Don 1. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084
December 2003
Because US Cellular s requested service area redefinition will have no direct
impact, in and of itself, on the ILECs, two conclusions can be reached. First, the ILEC'
opposition to US Cellular s request is an attempt to use this process to achieve anti-
competitive goals by limiting competitive entry in certain rural areas. Second, the ILECs
apparently believe that the existing service area definitions represent barriers to
competitive entry that would be eliminated (or reduced) if US Cellular s requested is
granted. Otherwise, the ~ECs would simply be indifferent to US Cellular s request.
MR. BROWN ASKS (p. 35) WHETHER ILEC SERVICE AREAS WILL BE
REDEFINED" DIFFERENTLY EACH TIME A CARRIER REQUESTS
DESIGNATION.
At pages 34-, Mr. Brown correctly notes that different potential CETCs are licensed to
serve different areas, and that these carriers may be able to serve 'a different portions of a
given ~EC study area. He then holds forth his red herring: "this raises the question of
what will be the redefinition of the CenturyTel service area for these two carriers, and if
another carrier applies for ETC status, would their service area be derIDed still
different! y?"
If US Cellular s request to define its ETC service area at the level of Century Tel
wirecenters is granted, CenturyTel's service area will be redefined so that each wire
.c--
.. -
USCC/l
Wood/82
Rebuttal Testimony of Don 1. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 2003
center is classified as a separate service area. That redefinition will remain exactly the
same for CenturyTel regardless of how many CETCs enter. There is nothing in the FCC'
rules which require a CETC service area to match that of the ILEC - indeed it is unlikely
that other technologies will ever match the arbitrary study area boundaries that have been
developed over the past century. In some cases, the CETC will not be able to serve
throughout an entire ll.EC study area, and may not be licensed to serve throughout a
single wire center. If the state concludes that the CETC is not picking and choosing its
points of entry but is proposing to serve throughout its licensed service area, then there is
ample reason to (1) "redefine" the ILEC service area along wire center boundaries and
(2) define the CETC's service area to be cotenninous with its licensed boundaries; in this
case the CGSA. Minnesota, Washington and Maine are examples of states that have ruled
in this manner and the FCC has done so in the case ofRCC's Alabama petition.
Put simply, service area redefinitions have no effect on the ILEc.
34 To the extent that "redefinition" makes it possible for a CETC to serve the area, the end usercustomers in the area will be impacted through the availability of additional competitivealternatives.
.--.;- -
USCC/1
Wood/83
Rebuttal Testimony of Don 1. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 22 2003
OTA Misunderstands The Role In This Proceeding Of The Joint Board'1996 Recommendation
PLEASE EXPLAlN THE ROLE OF THE 1996 RECOMMENDATION OF THE JOINT
BOARD TO THE FCC REGARDING REDEFINITION.
Mr. Brown (p. 34) seems to believe that the Joint Board's 1996 recommendation
regarding ILEC study areas represents a presumption that no service area "redefinition
should take place, and that this Commission must somehow begin with this presumption
when reviewing US Cellular s request in this proceeding. However, the rule that the
Commission actually must apply, says something completely different: 47 CPR ~54.207
(b) states that "In the case of a service area served by a rural telephone company, service
area means such company s 'study area' unless and until the Commission and the states
after taking into account recommendations of a Federal-State Joint Board instituted under
section 41 O( c) of the Act, establish a different definition of service area for such
company.,,35
There are two important elements of this rule: (1) the CETC's service area is the
same as the ILEC study area, but only until the state regulator and FCC decide differently
(with no presumption that such a change should or should not be made), and (2) the
recommendation of the Joint Board is something that must be "taken into account" by the
USCC/1
Wood/84
Rebuttal Testimony of Don 1. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 2003
state regulator and FCC, but does not represent anything more than that. Of course, it is
the FCC and state regulator that must review each request for "redefinition ; the Joint
Board has no role in this process.
WHAT EXACTLY DID TIlE JOINT BOARD RECOMMEND TO THE FCC IN 1996?
The Joint Board recommended that the FCC not change the service area definitions of the
rural ILECs en masse but instead to leave rural ILEC study area boundaries as service
area boundaries at that time. The FCC accepted this recommendation and did not make a
global change in this regard.
The Joint Board also raised three areas of concern, and it is reasonable for the
FCC and state regulators to consider three areas when reviewing a specific "redefinition
request: (1) the potential for the requested "redefinition" to increase the likelihood of
creamskimming" by the CETC, (2) the potential for the requested "redefinition" to
create administrative costs for the rural ILEC, and (3) the potential for the requested
redefinition" to impact the ILEC's status as a rural carrier.
Of course, no recommendation by the Joint Board could or did change the law: 9
214 of the Act and 954.207 of the FCC's rules both leave the decision in the hands of the
35 This language is consistent with 9 214 (e) of the Act.
USCC/l
Wood/85
Rebuttal Testimony of Don J. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 2003
FCC and state regulator. Neither require the FCC and state regulator to take a 1996 Joint
Board recommendation regarding a global change and make it a constraint when
considering a specific request for "redefinition " and neither require the FCC and state
regulator to apply this recommendation as a constraint without regard to events that have
occUlTed since 1996.
HAVE ANY IMPORTANT EVENTS TAKEN PLACE SINCE 1996 THAT PUT THE
JOINT BOARD RECOMMENDATION INTO PROPER PERSPECTIVE?
Yes. With regard to.the "creamskimming" concern,36 the FCC has adopted 954.315
which allows ILECs to disaggregate universal service support in order to better reflect
geographic cost differences. A better understanding has also developed in the industry
(though this understanding is by all appearances not universal) that the "redefinition" of
an ILEC's service area actually has no real implications for the ILEC's operations, and is
therefore not likely to create administrative costs and cannot change the ILEC's status as
a rural camero
Of course, it is reasonable for this Commission to consider each of the Joint
Board's three areas of inquiry when evaluating the facts related .to US Cellular s request
36 I will explain below why this concern has been vastly overblown.
----,=-----!
USCC/l
Wood/86
Rebuttal Testimony of Don 1. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 2003
in this proceeding, in order to detennine ifthere is any reason to expect any of the Joint
Board's three concerns to come to fruition in this case.
Mr. Brown s Concerns Regarding "Creamskimming " Ignore Both Regulatory Safeguards And
The Practical Realities Of Engaging In Such A Strategy
MR. BROWN EXPRESSES A CONCERN THAT US CELLULAR WILL NOT
INITIALLY HAVE FACILITIES IN PLACE TO SERVE ALL OF OT A'S STUDY
AREAS, AND BECAUSE OF THIS US CELLULAR WILL INEVIT ABLY BE
ENGAGING IN THE PRACTICE OF "CREAMSKIMMING." IS THIS CONCERN
VALID?
No. Mr. Brown makes several errors when reaching this conclusion. First, Mr. Brown
(pp. 38-39) makes an assumption that is a CETC does not serve the entire study area of
the IETC means that the CETC is, by defmition, engaging in "creamskimming." Mr.
Weinman also argues (p. 10) that the fact that US Cellular is serving only a portion of
CenturyTel's service area "raises serious concerns about creamskimming," but states that
he is relying on Mr. Brown s testimony as support for this conclusion.
Mr. Brown and Mr. Weinman are both wrong. The FCC has been clear that it
does not consider the fact that a CETC serves only a portion of an ILEC service area to
be a demonstration of "creamskimming." ~54.315 , for example, sets forth three options
.=0.. ~
- .
USCC/l
Woodl87
Rebuttal Testimony of Don J. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 22 2003
by which the ILEC can disaggregate support in order to eliminate the possibility of
creamskimming. Without averaged support, the potential for creamskimming - to the
extent it ever existed - goes away. More recently, the FCC has concluded that a
creamskimming concern must be based on more than the fact that a CETC may serve less
that the ILEC service area, but must be based on a showing that the CETC is
deliberately seeking to enter certain areas in order to creamskim.37 There is no
evidence that US Cellular is engaging is such a strategy.
Mr. Brown argues that the use of universal service support to construct network
facilities is only in the public interest if such facilities are constructed exclusively in the
high-cost parts of the service area. There is no basis whatsoever for such a conclusion.
There is no such requirement in the Act or FCC rules. It is entirely consistent with both
the letter and spirit of the law for any ETC - including IETCs and CETCs - to invest
support funds in facilities throughout the area that they serve. All of these facilities are
ultimately necessary to provide service throughout the entire area. Of course, if support
is properly disaggregated as permitted by 954.315, this question becomes moot.
ETC, whether an IETC or CETC, should receive support based on the cost of serving a
particular area. A CETC that constructs facilities only in low-cost zones will receive
See Memorandum Opinion and Order CC Docket No. 96-, released November 27 2002
r"-'-
'-----J
USCC/1
Woodl88
Rebuttal Testimony of Don J. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 2003
only low-cost support (this support is often zero in the lowest-cost zones, even for rural
ILECs). Conversely, when a CETC constructs facilities in high-cost zones it will receive
high-cost support. Mr. Brown s idea that the public interest is only served if all support is
used for investment made in high cost areas ignores the basic operation of the
mechanism. If an ILEC has disaggregated support (as CenturyTel has done), his
assertion (po 4) that "US Cellular will be serving predominantly low-cost customers in the
more densely populated areas of these rural study areas, yet it seeks support that is
intended to cover the cost of serving customers in the remote, sparsely populated areas of
these study areas." is nonsense: by definition, the level of support appropriate for a high-
cost area is available only when an ETC serves a customer in that high-cost area. An
ETC serving primarily low-cost customers would receive primarily low-cost support, if
any at all.
The Commission may wish to review a paper recently submitted to the FCC by
th~ Rural Cellular Association ("RCA") titled "Service Area Redefinition; A Sensible
Approach to Promoting the Twin Goals of Advancing Universal Service and Facilitating
Competition in Rural Areas . I have attached a copy as Exhibit DJW-7. I have reviewed
the paper and agree with its approach.
DA 02-3181 , paragraphs 27-31.
, ~'--
USCC/1
Wood/89
Rebuttal Testimony of Don 1. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 2003
IS THERE ANY REASON TO EXPECT USCC TO HAVE THE ABILITY TO
CREAMSKllvI" IF ITS SERVICE AREA IS DEFINED AS REQUESTED?
None whatsoever. As noted above, 9 54.315 allows ILECs to disaggregate universal
service support in order to reflect geographic cost differences. ILECs had the opportunity
to choose one of three paths for disaggregation and the rules pennit ILECS to change
paths as events warrant. To the extent that "cream skimming" opportunities exist, this
mechanism provides a very effective method to prevent it.
As a practical matter, even a carrier that diverts considerable resources away from
its business operation in order to attempt to exploit opportunities for geographic
creamskimming" would find it almost impossible to successfully accomplish its
objective. In order to be successful, the new entrant would need to incur costs in the
same way as the ILEC; it is only if the "high cost" and "low cost" areas ofthe ILEC and
new entrant match that "creamskirnming" is even theoretically possible, and as all parties
will agree wireless carriers have a cost structure that is different from that of wire line
carriers. An additional practical problem is that - when examined closely - network
costs do not vary in a predictable way. My review of hundreds of network costs study
reveals an inescapable truth: it is impossible to conclude that network costs vary based on
any set of broad criteria. Costs vary on a very discrete geographic scale, making it
difficult (if not impossible) to identifY individual customers that are "low cost" and
'---1
USCC/I
Wood/90
Rebuttal Testimony of Don 1. Wood on behalf of United States Cellular Corporation, Inc-Public Utility Commission of Oregon Docket No. UM 1084 December 22 2003
thereby represent a "creamskimming" opportunity.
US Cellular is not attempting to define its service area at this level of geographic
detail; it is seeking to define its ETC service area by "redefining" the ILEC service areas
at the level of the wire center. US Cellular would have an obligation to serve this
geographic area unless its CMRS license prevents it from doing so. As the FCC has
recently concluded, a commitment by a wireless CETC to provide the supported services
throughout its licensed service area, even when "the contour of its CMRS licensed area
differs from the existing rural telephone companies' study areas " indicates that the
CETC is not seeking to "creamskim" and any such "creamskimming" concerns are '
thereby minimized.
US Cellular s Requested Service Area Redefinition Will Have No Impact On The Status Of ThefLECs As Rural Carriers
IS THERE ANY REASON TO EXPECT THE SERVICE AREA "REDEFINITION"
REQUESTED BY US CELLULAR TO IMPACT THE ILECS' STATUS AS RURAL
CARRIERS?
No; no OTA witness presents any argument that the ILECs' status as rural carriers will be
38 RCC Holdings, Inc., Memorandum Opinion and Order CC Docket No. 96-, released
'---.!
USCC/l
Wood/91
Rebuttal Testimony of Don 1. Wood on behalf of United States Cellular Corporation, Inc.Public Utility Commission of Oregon Docket No. UM 1084 December 2003
impacted.
US Cellular s Requested Service Area Redefinition Will Not Create Administrative Costs For
The ILECs
IS THERE ANY REASON TO EXPECT THE SERVICE AREA "REDEFINITION"
REQUESTED BY US CELLULAR TO CREATE ADMINSTRAIVE COSTS FOR THE
ILECS?
No. The OPUC Staffhas asked whether redefinition could create administrative
difficulties for the ILECs. The answer is clearly "no." To put a rather fine point on it, if
an ILECs was never told that "its" service areas had been "redefined" in order to create a
USF service area for a CETC, it simply wouldn't matter: the ILEC wouldn't have done
anything differently anyway.
DOES TIDS CONCLUDE YOUR TESTIMONY?
Yes.
November 27 2002, DA 02-3181 , paragraphs 27-28.
"" 1 :t! Co\O1~-
-;;i ~
r~~ J'k'= t:~~ ~.,
BEFORE THE PUBLIC UTILITY COMMISSION
OF OREGON
UM 1084
In the Matter of
~TED STATES CELLULAR
CORPORA nON
Application for Designation as an Eligible
Telecommunications Carrier, Pursuant to the
Telecommunications Act of 1996, CUM 1084)
OPENING POST-HEARING BRIEF OF
UNITED STATES CELLULAR CORPORATION
IN SUPPORT OF APPLICATION FOR DESIGNATION
AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER
DAVIS WRIGHT TREMAINE LLP
Mark P. Trinchero, OSB #88322
1300 SW Fifth Avenue
Suite 2300
Portland, OR 97201
Tel: [phone]
LUKAS NACE GUTIERREZ
AND SACHS, Chartered
David LaFuria
Steven M. Chernoff
1111 19th Street, N., Suite 1200
Washington, D.C. 20036
Tel. [phone]
Dated: April 8, 2004
service and have choices in communications service that are similar to those available in urban
areas.
OPUC Should Follow the FCC, and Numerous States That Have Designated
Wireless Carriers as Competitive ETCs.
USCC has met its burden to make a threshold showing that a grant of its Application
would serve the public interest. It has offered credible evidence that it can offer reliable
and
affordable service throughout its proposed ETC service area, including features such as mobility
and wide local calling areas which are not available from ILECs. It has demonstrated
compelIing public interest benefits that will result, including increased customer choice and
improvement of critical E-911 functionality. The !LECs have completely failed to present any
credible or specific evidence as to how consumers would be harmed by a grant of usee' s
Application.
This Commission should join the FCC and the vast majority of states have rejected ill-
founded opposition ofILECs to designation of competitive ETCs and grant USCC'
Application.
THE OPUC SHOULD ADOPT usec's PROPOSED REDEFINITION OFILEC SERVICE AREAS
USCC has proposed an ETC service area that is cotenninous with the boundaries of its
licensed service area, or CGSA.9o Under the 1996 Act, a competitive ETC must serve an entire
89 See
g.,
Virginia Cellular, supra; RCC Alabama Order, supra; Pine Belt Cellular, Inc. and Pine Belt PCS Inc.CC Docket 96-Memorandum Opinion and Order 17 FCC Rcd. 9589 (reI. May 24 2002) Pine Belt Ordef"Western Wireless Wyoming Recon. Order, supra 16 FCC Rcd at 19152; SBI New Mexico Decision
supra; USCCWashington Order supra; Smith Bagley, Inc., Docket No. T-02556A-99-O207 at p. 12 (Ariz. Corp. Comm n Dec.2000) ("SBI Arizona Order ); Midwest Wireless Iowa, LL., Docket No. 199 IAC 39.2(4) (Iowa UtiL Bd. July2002) ("Midwest Iowa Order ); ALL TEL Communications, Inc., Case No. U-13765 at p. 11 (Mich. PSC Sept., 2003) ("ALL TEL Michigan Order"); Cellular South Licenses, Inc., Docket No. 01-UA-0451 at pp. 7-8 (Miss.PSC Dec. 18, 2001)("Cellular South Mississippi Order ); WWC License LLC d/b/a Cellular One, Docket No. 00-6003 (Nev. PUC Aug. 22, 2000) ("WWC Nevada Order ); WWC Texas RSA LP., PUC Docket No. 22295, SOARDocket No. 473-00-1168 (Tex. PUC Oct. 30, 2000)("WWC Texas Order"); Guam Cellular and Paging, Inc. d/b/aGuamcell Communications, CC Docket No. 96-45, DA 02-174 (C.B. reI. Jan. 25, 2002) ("Guamcell Order");Cellco Partnership d/b/a Bell Atlantic Mobile, DA 00-2895 (CC.B. reI. Dec. 26, 2000) ("Cellco Order
90 See USCCIlO at 3, and Exhibit G.
Page 24 - USCC OPENING BRlEF
PDX 1125907v161090-1
rural ILEC study area in order to be eligible for support, unless the state and the FCC agree on a
redefined service area for the affected ILEc.91 Understanding that CMRS carriers and ILECs are
not licensed along identical boundaries, the FCC has implemented procedures to redefine ILEC
service areas in order to facilitate competitive entry.92 The state must determine in the first
instance whether to redefine an ILEC service area. Following that determination, the state or the
petitioner (in this case, USCC) must seek the FCC's concurrence.93 Typically, the state grants
conditional ETC status for the areas to be redefined, to take effect automatically upon a grant of
, concurrence by the FCC.94 As explained below, service area redefInition is warranted in several
rural ILEC areas. It is essential to bring the full public interest benefits ofUSCC's ETC
designation to the state of Oregon.
Redefinition of Service Areas Is Necessary to Remove Barriers
Competitive Entry in Oregon.
USCC cannot effectively compete in the entire territories of all ILECsin USCC's CGSA.
usee is not licensed to serve the entire service territory of several OT A member
companies, some of which have portions of their study areas scattered throughout Oregon.
47 U.C. ~ 214(e)(5).
92 See 47 C.F.R. ~~ 54.207(b), (c).
93 47 C.R~ 54.207(c).
94 See, e.
g.,
Midwest Minnesota Order supra adopting ALl's Findings ofFaet. Conclusions of Law, andRecommendation at 114 (ALJ Dec. 31, 2002) (finding that "Midwest Wireless should be designated as an ETC inits proposed service area in Minnesota" and that "(tJhe (Minnesota puq should petition the FCC for concurrencewith Midwest's service area redefinition(.)"; United States Cellular Corporation, 8225-11-102 at 9 (Wise. PSCDec. 20, 2002) ("S. Cellular Wisconsin Order") ("(W)here US Cellular is asking for ETC designation in some, butnot all, parts of the territory of a rural telephone company, the Commission conditionally grants ETC status in the
areas for which US Cellular has requested such designation. . . If the FCC approves use of the smaller
area:, then USCellulars ETC status for the smaller area(s) becomes effective.); N.E. Colorado Cellular, Inc., Docket Nos. OOA-31ST and 00A-491T at p. 8 (Colo. PUC Dec. 21, 2001)("NECC Colorado Order") at Exhibit I pp. 6-7 (ALJDec. 21, 2001) (". . . NECC has satisfied all legal criteria for immediate designation as an ETC and should be
granted such status immediately by the Commission, pending. . . any necessary FCC approval of initial
(redefinition) of service areas.. .); SBI Arizona Order supra at 16; SBI New Mexico Decision supra at2I.
95 Exh. USCC/2.
Page 25 - USCC OPENING BRlEF
PDX 1125907v161090-1
USCC's request to have an ETC service area that is coterminous with its licensed service area is
similar to proposals that have been adopted by a number of states, including Washington
Wisconsin, Minnesota, Maine, Arizona and New Mexico.96 Unless the affected rural ILEC
service areas listed in USCC/I0, Exhibit F are redeflIied, USCC will be unable to receive high-
cost support anywhere within the affected rural ILEC service areas. It will be left with a
patchwork quilt of areas within its FCC-licensed area that are "ineligible." USCC will not be
able to use high-cost support in these areas and low-income consumers will not be able to receive
Lifeline and LIDk-up benefits ITom usee. To remove this artificial barrier to competition
usee requests redefinition of the affected rural !LEC service areas so that each wire center is
classified as a separate service area.
Redefinition along wire center boundaries is exactly the same relief provided to similarly
situated carriers on numerous occasions by the FCC and several state commissions. For
example, the FCC granted a petition of the Colorado Public Utilities Commission ("'CoPUC") for
concurrence with a service area redefinition proposal identical to the redefinition proposed by
USCC in this proceeding.97 In redefining CenturyTel's service area such that each wire center is
a separate service area, the CoPUC emphasized that "in CenturyTel's service area, no company
could receive a designation as a competitive ETC unless it is able to provide service in 53
separate, non-contiguous wire centers located across the entirety of Colorado. . . (TJhis
96 See, e.g.Petition of the Minnesota Public Utilities Commission for Agreement With Changes in Definition of
Service Areasfor Exchanges Served by CentwyTel et aI., CC Docket No. 96-45 (filed July 8, 2003) (currently
pending). See also Smith Bagley, Inc. Petitions for Agreement to Redefine the Service Areas of NavajoCommunications Company, Citizens Communications Company of the White Mountains, and CenturyTel of the
Southwest, Inc. on Tribal Lands within the State of Arizona DA 01-409 (WCB reI. Feb. 15 2001) (effective dateMay 16, 2002); Smith Bagley, Inc. Petitions to Redefine the Service Area of Table Top Telephone Company Tribal Lands within the State of Arizona DA 01-814 (WCB reI. April 2, 2001) (effective date July 1 2001); SmithBagley, Inc. Petitions to Redefine the Service Area of Century Tel of the Southwest, lnc, in the State of New MexicoDA 02-602 (WCB reI. March 13 2002) (effective date June 13 2002).
97 See Petition by the Public Utilities Commission of the State of Colorado to Redefine the Service Area ofCenturyTel of Eagle, Inc., pursuant to 47 C.R. g 54.207(c) atp. 5 (filed with the FCC Aug. 1 2002, effective dateNov. 24, 2002) ("CoPUC Petition
) ("
Petitioner requests agreement to redefme CenturyTel's service area to the wire
center level").
Page 26 - usee OPENING BRIEF
PDX 1125907vl 61090-
constitutes a significant barrier to entry.,,98 The FCC concurred, and allowed the requested
redefinition to take effect.99 In the recent
Virginia Cellular order, the FCC redefined the service
areas of affected rural ILECs in similar circumstances.IOO
The WUTC's action in redefIning all of the rural ILECs in Washington is instructive.
The FCC approved WUTC's petition to redefine the ILECs' service areas along wire center
boundaries, finding:
(OJur concun-ence with rural LEC petitioners' request fordesignation of their individual exchanges as service areas is
warranted in order to promote competition. The Washington
Commission is particularly concerned that rural areas. . . are not
left behind in the move to greater competition. Petitioners also
state that designating eligible telecommunications carriers at the
exchange level, rather than at the study area level, will promotecompetitive entry by permitting new entrants to provide service in
relatively small areas. . . We conclude that this effort to facilitate
local competition justifies our concurrence with the proposed
service area redefinition. 101
Other state commissions have similarly concluded that redefining rural ILEC service
areas along wire center boundaries is fully justified by the pro-competitive goals of the 1996 Act
For example, in a recommended decision that was later adopted by the Minnesota Public Utilities
Commission, the administrative law judge ("ALl") recommended approval of Midwest Wireless
Communications, LLC's proposal to redefine certain rural ILEC service areas--including that of
CenturyTe1-to consist of wire centers or, in some cases, portions of wire centers. 102
98 CoPUC Petition at 4.
99 CenturyTel has asked the FCC to reconsider its decision. However, as of this date CenturyTel's service arearedefinition is effective.
100 Virginia Cellular, supra at ~ ~ 40, 41.
101 Petition for Agreement with Designation of Rural Company Eligible Telecommunications Carrier Service Areasand for Approval of the Use of Disaggregation of Study Areas for the Purpose of Distributing Portable FederalUniversal Service Support, Memorandum Opinion and Order 15 FCC Rcd 9924, 9927-28 (1999) WashingtonRedefinition Order
102 Midwest Minnesota AU Decision supra at ~~ 53-59 (Minn. ALl Dec. 31 , 2002); Reply Comments of theMinnesota Public Utilities Commission in CC Docket No. 96-45 at 3 (filed Sept. 9, 2003).
Page 27 - USCC OPENING BRIEF
PDX 1125907vI61090-
Specifically, the ALl concluded that "(t)he service area redefinition proposed by Midwest will
benefit Minnesota consumers by promoting competitive entry and should be adopted.IO3
Similar conclusions were reached in decisions granting ETC status to wireless carriers in
Arizona, Maine, New Mexico and Wisconsin.1O4
As was the case with the FCC's grant of concurrence with the redefinition of Colorado
service areas, some OTA members' service territory in Oregon consists of noncontiguous areas
scattered across the length and breadth of the state.IO5 It would, therefore, be impractical and
unfair and not competitively neutral to require a competitor to confonn its service territory-
some cases, to extend far beyond the reaches of its authorized service area-as a condition
receiving high-cost support.l06 The redefinition requested in the instant proceeding will benefit
Oregon consumers in all reaches ofUSCC's licensed service territory, who will begin to see a
variety in pricing packages and service options on par with those available in urban and suburban
areas.l07 They will see infrastructure investment in rural areas which will bring improved
wireless service and important health and safety benefits associated with increased levels of
radio frequency coverage. RedefInition will remove a critical obstacle to advancing universal
service benefits in these areas and facilitating competition, consistent with federal
telecommunications policy.
103 Midwest Minnesota AU Decision at ~ 59.
104 See SBI Arizona Order supra; USCC Maine Order supra; SBI N.M. Order supra; u.S. Cellular WisconsinOrdersupra.
10S See USCC/3 at Exh. A.
106 See First Report and Order, supra, 12 FCC Rcd at 8882 ("We conclude that requiring a carrier to serve a non-
contiguous service area as a prerequisite to eligibility might impose a serious barrier to entry, particularly forwireless carriers.
107 See 47 U.C. ~ 254(b)(3).
Page 28 - usee OPENING BRIEF
PDX 1125907vI61090-
The improper disaggregation approaches taken by CenturyTel and
Citizens demonstrate why redefinition for usce is essential toremove an artificial and anti-competitive carrier to entry.
Redefinition of rural ILEC service area in Oregon is particularly appropriate for two
reasons. First, both CenturyTel and Citizens have disaggregated their support in Oregon under
Path 3 , as set forth at 47 C.R. g 54.315(d).). Disaggregation, the process of allocating high-
cost support away from low-cost areas and toward high-cost areas, ensures that competitors will
not be under-compensated in high-cost areas and over-compensated in low-cost areas.
Competitors such as USCC have no say in how rural ILECs such as CenturyTel or Citizens
formulate their plans of disaggregation, but may challenge a plan that is improperly done or
unlawful. 1
In the hearings in both docket UM 1083 and in this proceeding, it became obvious that
CenturyTel and Citizens have submitted disaggregation plans that may not comply with
applicable law.109 CenturyTel's plan in Oregon is identical to plans that have been rejected by
the WUTC in Washington and challenged by the Colorado PUC.llO CenturyTel has divided its
service area into 55 separate wire centers, each having individual cost characteristics that vary
from $26.56 per month to $178.58 per month and then re-aggregated them into two zones.
Zone 1 encompasses wire centers ranging from a cost of$26.56 to $33., while Zone 2
stretches from $35.45 to $178.58.
CenturyTel's "re-aggregation" scheme is obviously anti-competitive, as the only possible
purpose for "re-aggregating" into two zones is to attempt to force competitors to serve
throughout a zone in order to be designated as an ETC. Put another way, if CenturyT el
disaggregated into individual wire center zones, then it'would be relatively simple to draw
service area boundaries that conform to those zones and facilitate competitive entry. And
108
See 47 c.F.R. ~ 54.3 I 5 (d)(5).
109 Joint
Exhibit 71 at 85 g1 and Tr. at 135-141.
110 See Order Rejecting Disaggregation Filings supra. See also Reply Comments by the Colorado Public UtilitiesCommission in CC Docket No. 96-45 at 3-4 (filed Sept. 27, 2002).
Page 29 - usec OPENING BRIEF
PDX 1125907vl 61090-
competitors would receive support that is more accurately targeted to each wire centerYI As
currently drawn, CenturyTel can take the position that if a competitor does not take on ETC
obligations throughout one of CenturyT el' s two large and geographically diverse zones, then the
competitor must be "cream skimming." On cross-examination in the UM 1083 hearing, Mr.
Brown admitted CenturyTel's current disaggregation plan is responsible for USCC potentially
receiving excess support in low-cost areas and that CenturyTel can remedy that situation by
amending its plan of disaggregation. 112
That CenturyTel's plan fails to comport with the requirement that no more than two cost
. zones per wire center be designated in a Path 3 filing is less relevant here.l13 What is relevant is
that CenturyTel has specified 55 different disaggregation zones and USCC requests OPUC to
recognize each zone as a separate service area. CenturyTel need not change its Path 3 plan of
disaggregation, nor does USCC request that it be changed, notwithstanding its flaws.
CenturyTe1 believes that USCC is receiving too much support in low-cost areas and too little
support in high-cost areas, it is free to ask OPUC to revise its plan. Moreover, OPUC is free to
open such a proceeding on its own motion if it believes it is in the public interest to conserve
III Although Mr. Brown disputes USCC' s calcuJation of exactly how much support would be available in any
individual wire center had CenturyTel properly disaggregated, the spread between CenturyTel's cost of providingservice in each wire center is so wide it is fair to conclude that competitors will receive far more than they should
when serving low-cost wire centers and far less than they should when serving high-cost wire centers.
112
See Dec. 16 Tr. at 127-
Q. Okay. And in these low cost areas ifUSCC is getting too much support today because they built what
you call low cost areas, even though they re high cost by the FCC's definition, whose fault is that?A. I don t think it's anybody s fault.
Q. Well; who did this plan of disaggregation?
A. CenturyTel did based upon incomplete knowledge of how a very important part of their business would
be handled.
Q. And with that incomplete knowledge if they get better knowledge and they determine that these are
what you call low cost and they put zeros in here of a doJlar fifty or whatever, then all the USCC cUstomers that arein these areas are going to get no support, and ifUSCC wants it, they re going to have to go out to the high costareas?
A. There s two if's. One is if they choose to make that filing, and two is if the Commission chooses to
approve it.
113 47 C.R. ~ 54.307 '
Page 30 - USCC OPENING BRIEF
pox 1125907vl 61090-1
.. ~
scarce" federal high-cost support.1I4 To be clear, USCC is not asking OPUC to change how
CenturyTe1 allocates its costs. USCC is only asking for CenturyTel's service area to be defined
such that each wire center is a separate service area.
While less drastic in its scope, the disaggregation plan adopted by Citizens is similarly
flawed, creating the same perverse incentives as CenturyTe1s' plan. On cross examination , Mr.
Chicoine admitted that the Citizens "re-aggregation approach" to disaggregation would
significantly over- and under-compensate competitive ETCs depending upon the exchanges in
which they served. I 15 Disaggregating to the wire center level would eliminate this problem and
better align costs to universal service support amounts- Again, Citizens may choose to do this or
OPUC may order it in a separate proceeding. All USCC requests is that Citizens' service area be
redefined along wire center boundaries so that competitive ETCs can have a fair opportunity to
enter.
With respect to the other rural ILECs listed on Exh. USCCIl 0, Exhibit F, USCC requests
the Commission to redefine ~ach ILEC wire center as a separate service area so as to facilitate
competitive entry. In this respect, the WUTC's actions over the past several years is instructive.
By disaggregating support of all rural ILECs, with their cooperation, WUTC has facilitated
competitive entry and advanced universal service in rural areas. The WUTC's mandated
disaggregation of support means that it does not matter where competitors enter.
Because support is accurately targeted in Washington, it matters not whether a competitor
proposes to serve only high- or low-cost areas. Competitors who serve only low-cost areas will
receive little or no support. Competitors who propose to serve only high-cost areas will compete
on a level playing field with subsidized ILECs and consumers will see the benefits of
competitive entry and advancement of universal service. ILECs in Oregon hold the keys to
114 47 C.R. ~ 54.3l5(d)(5). Despite OTA's claims that the fund is a "scarce resource" (Exh. OTAIl at 18 Smithdirect), CenturyTel appears to care little that a competitor receives $25.90 in high-cost support in a cost zone that
should generate only $3.45 for a competitor.
lIS Tr. at 140-141.
Page 31
-,-
usee OPENING BRIEF
PDX 1125907vl 61090-1
----';
ensuring the same targeting of support to prevent competitors from receiving uneconomic levels
of support. IfUSCC's designation as an ETC requires them to disaggregate further to prevent
uneconomic entry, they can do so at any time.
The Requested Redefinition Satisfies the Three Joint Board Factors Under
Section 214(e)(5) ofthe Act.
This Commission must consider three factors in making a determination to redefine an
ILEC service area: (1) whether the proposal would result in "cream skimming ; II 6 (2) whether
the ILEC would incur undue administrative burden; and (3) whether the ILEC's status as a rural
carrier would be affected.ll7
USCC established that it is not proposing to selectively serve low-cost areas, but is
proposing to serve all of its licensed area.118 Because competitors such as USCC receive the
same amount of "per line" high-cost support as an incumbent for each customer, based on the
customer s billing address, there is a possibility that competitors could unintentionally receive
uneconomic levels of high-cost support.119 That possibility arises because traditionally
incumbents have averaged their support throughout their entire study areas. With the
introduction of competition, which is not licensed along ILEC boundaries, it is possible that a
competitor s licensed area would cover only the low-cost portions of the ILEC's study area and
thus the competitor would receive more support than that area should properly yield.
116 In this context, cream skimming occurs when a competitor selectively enters low-cost portions of a high-cost
service area so as to gamer uneconomic levels of support. See Fourteenth Report and Order, supra 16 Fee Rcd
at 11299;
117 See Virginia Cellular, supra; Federal-State Joint Board on Universal Service, Recommended Decision, 12 Fee
Rcd 87, 181 (1996) Joint Board Recommended Decision
118 As usee explained above, OT A's statement that usee is not proposing to serve throughout its licensed area is
in en-or. See supra pp. 5-
119 In fact, it is impossible for usee to intentionaBy cream skim because the ILEe cost information which would be
necessary to develop a strategy to gain uneconomic support levels is proprietary to OT A and is not available fromany public source.
Page 32 - usee OPENING BRlEF
POX I I2S907v!'"61090-1
'---... /
To minimize the possibility of uneconomic support being paid to competitors, the FCC
provided ILECs an opportunity to disaggregate support.120 The deadline for choosing whether
, and how to, disaggregate support was May 15, 2002.121 OT A members understood full well
that competitors could file for ETC status well before the deadline for disaggregating support and
had every incentive to prevent USCC and other competitors from receiving uneconomic support
in any area.
Adopting USCe's proposed service area redefinition will not cause any undue
administrative burden on any OT A member company.122 Nothing in the manner in which OT A
members conduct their business will change as a result ofUSCC's proposed service area
redefinition and OT A introduced no evidence to demonstrate that it will. 123
Finally, nothing about USCC's proposal will affect any OTA member company s status
as a rural telephone company. Service area redefinition does not change how an ILEC is,
regulated nor does it amount to a change in status under 47 U.C. ~ 251(f)) (the rural
exemption). USCC's proposed redefInition plan is in the public interest and it confonns to
several others which have been approved by states and the FCC. 124
The Commission Should Convene Workshops and Require OT A Member
Companies to Cooperate with USCC in Developing Accurate Maps.
OT A spent the better part of a morning seeking to prove the obvious: Despite good faith
efforts, USCC has been unable to produce an accurate map of rural ILEC wire centers based on
publicly available infonnation.125 Rural ILEC maps on file at OPUC depict exchange areas
120 See Fourteenth Report and Order, supra 16 FCe Red at 11299-11309.
121 Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap I~cumbent Local
Exchange Carriers and Interexchange Carriers 25 eR I (2001) at ~ 150.
122 Dec. 16 Ir. at 57-58.
123 See, e.Virginia Cellular, supra at ~ 43; Dec. 16 If. at 34-35.
124 See supra nn. 86, 88, 92.
125 Ir. at 176-177,
Page 33 - usee OPENING BRIEF
PDX 1125907vl 61090-
.! .
which can be different from wire center boundaries. 126 In addition, many of the rural ILEC
exchange maps on file with the Commission are of poor quality and varying in scale, making it
impossible for USCC to create an accurate map of ILEC wire centers throughout its proposed
ETC service area.127 Accurate
maps are needed to enable competitors such as USCC
accurately identify the billing address of consumers so as to receive appropriate levels
support. USCC's ability to target an address on a map is only useful if the underlying map is
accurate. If rural ILECs produce accurate wire center maps, USCC will produce an accurate
map that overlays its ETC service area onto rural ILEC wire centers.128
In order to facilitate usces entry and ensure that appropriate levels of support are
provided, the Commission must require rural ILECs listed on USCC/lO, Exhibit F to submit
accurate wire center maps (preferably in electronic format)129 so that USCC can overlay its
CGSA boundaries and produce a fmal map that the Commission and all carriers will find
useful.l30 The lack of access to this infonnation will present a barrier to USCC's ability to enter
these areas.131 The Commission should order the rural ILECs to produce such maps no more
than 30 days following issuance of the Commission s Order in this proceeding. In addition, the
Commission should, consistent with the Staff recommendation in this proceeding, convene
workshops and order the rural ILECs and USCC, with Staff oversight to cooperate in the
production of accurate maps. 132
126 Tr. at 188-H~9.
127 Tr. at 86-, 187-189.
128 In its
recent Recommended Decision the Joint Board noted the need for USAC to develop a data base of accurate
maps. See Federal-StateJoint Board on Universal Service, Recommended Decision. FCC 04J-1 (reI. Feb. 27 2004)
at' 105.
129 See Tr. at 190 (Staff witness Wright indicated that having "accurate digitized exchange (area) and wire center
maps" from the rural ILECs would prove beneficial to the Commission now and in the future.
130 Tr. at 178-179.
131 Tr. at 186, 188-89.
132 Tr. at 179.
Page 34 - USCC OPENING BRIEF
POX 1125907vl 61090-
Page 1 of 2
Nina
From: Molly O'leary
Sent: Tuesday, January 23, 2007 4:59 PM
To: Cecelia A Gassner
Subject: 1323/1M - Edge Wireless/Idaho ETC Application -- (FW: Edge Wireless Case)
Cece - Just thought I would check in and see when you think Edge Wireless s ETC
Application will be on the Commission s Decision Meeting Agenda?
From: Jean Jewell (mailto:JeanJewellC9Jpuc.idaho.gov)
Sent: Tuesday, January 23, 2007 4:40
To: Molly O'leary
Subject: Edge Wireless Case
Molly,
Cece Gassner is the attorney assigned to this case, and the case number is EDG-07-01.
Jean Jewell
Commission Secretary
mn, iewell~puc, idaho,gQY208-334-0338
-----
Original Message-----
From: Molly O'leary (mailto:moIlYC9Jrichardsonandoleary.comJ
Sent: Tuesday, January 23, 20079:57 AM
To: Jean Jewell
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Thanks , Jean!
From: Jean Jewell (mailto:Jean.JewellC9Jpuc.idaho.gov)
Sent: Tuesday, January 23, 2007 9:09 AM
To: Molly O'leary
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Good morning, Molly! Our next Decision Meeting will be next Tuesday, January 30th, at 11 :00 a.m. Staff and an
attorney will be assigned to this case today, and they should be able to answer your question about when it will be
on the agenda. I will let you know who the attorney will be for this case when I find out.
Jean Jewell
Commission Secretary
jean, iewell(O).puc, idaho,gov
208-334-0338
-----Original Message-----
From: Molly O'leary (mailto:moIlYC9Jrichardsonandoleary.com)
Sent: Monday, January 22, 2007 5:11
To: Jean Jewell
4/4/2007
Page 2 of 2
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Jean - When will the next Decision Meeting be? Will Edge Wireless s ETC Application
be on the agenda?
Thanks!
.-, ...--
From: Maiser(Q)PUCLIST.IDAHO.GOV (mailto:Maiser(Q)PUCLIST.IDAHO.GOVJ On Behalf Of Jean Jewell
Sent: Monday, January 22 20074:25 PM
To: ipuccam(Q)puciistidaho.gov
Subject: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
THE FOLLOWING IS THE IDAHO PUBLIC UTILITIES COMMISSION'S AGENDA FOR A
DECISION MEETING to be held on Wednesday, January 24, 2007 at 1:30pm. The agenda is
published forty-eight (48) hours in advance of each meeting. Meetings are held in the Commission
Hearing Room at the IPUC, 472 West Washington Street, Boise, Idaho. The time and the agenda are
subject to change. Please check with Jean Jewell, Commission Secretary, at 334-0338 if you have any
questions.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
1, Minutes of Decision Meeting on January 16 , 2007, Minutes have been circulated to the commissioners for
review and are ready for consideration,
CONSENT AGENDA
2" Grace Seaman s January 19, 2007 Decision Memorandum re: Potlatch Telephone Company Advice Letter No,
07 -01 P to Grandfather Advanced Calling Services Privacy Pack Bundle.
;2" Grace Seaman s January 19, 2007 Decision Memorandum re: Staff Review of Interconnection Agreements
Case Nos. VZN-06-03; ATT-98-01/GTE-98-08.
MATTERS IN PROGRESS
1, Daniel Klein s January 22 , 2007 Decision Memorandum re: Formal Complaint of Bill Uhl and Doris Helge,
Q. Donovan Walker s January 22, 2007 Decision Memorandum re: Idaho Power s Application for Approval of a
Power Purchase Agreement with Telocaset Wind Power Partners, LLC, Case No, IPC-06-31.
RULEMAKING
None.
FULLY SUBMITTED MATTERS
None.
EXECUTIVE SESSION MATTERS
None.
4/4/2007
Page 1 of 3
Nina
From: Cecelia A Gassner (Cece.Gassner~puc.idaho.govJ
Sent: Tuesday, January 23 20075:12 PM
To: Molly O'leary
Subject: RE: 1323/1 M - Edge Wirelesslldaho ETC Application -- (FW: Edge Wireless Case)
Hi Molly-
I have not been able to meet with Grace yet to discuss the timing, I believe the latest it would be on the agenda is
the February 5th meeting.
Best regards
Cece
*********
Cece Gassner
Deputy Attorney General for the Public Utilities Commission
Phone: [phone]
-----Original Message-----
From: Molly O'leary (mailto:molly(fj)richardsonandoleary.com)
Sent: Tuesday, January 23 20074:59 PM
To: Cecelia A Gassner
Subject: 1323/1M - Edge Wireless/Idaho ErC Application -- (FW: Edge Wireless Case)
Cece - Just thought I would check in and see when you think Edge Wireless
ETC Application will be on the Commission s Decision Meeting Agenda?
From: Jean Jewell (mailto:JeanJewell(fj)puc.idaho.gov)
Sent: Tuesday, January 23, 2007 4:40
To: Molly O'leary
Subject: Edge Wireless Case
Molly,
Cece Gassner is the attorney assigned to this case, and the case number is EDG-07-01,
Jean Jewell
Commission Secretary
an,iewell~puc,idaho.gov
208-334-0338
-----Original Message-----
From: Molly O'leary (mailto:molly(fj)richardsonandoleary.com)
Sent: Tuesday, January 23, 2007 9:57 AM
To: Jean Jewell
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
4/4/2007
4/4/2007
Page 3 of 3
Jean - When will the next Decision Meeting be? Will Edge Wireless s ETC
Application be on the agenda?
Thanks!
From: Maiser(Q)PUCLIST.IDAHO.GOV (mailto:Maiser(Q)PUCLIST.IDAHO.GOVJ On Behalf Of Jean
Jewell
Sent: Monday, January 22, 2007 4:25
To: ipuc cam(Q)puciist.idaho.gov
Subject: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
THE FOLLOWING IS THE IDAHO PUBLIC UTILITIES COMMISSION'S AGENDA
FOR A DECISION MEETING to be held on Wednesday, January 24, 2007 at 1:30pm.
The agenda is published forty -eight (48) hours in advance of each meeting. Meetings are
held in the Commission s Hearing Room at the IPUC, 472 West Washington Street, Boise
Idaho. The time and the agenda are subject to change. Please check with Jean Jewell
Commission Secretary, at 334-0338 if you have any questions.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
1. Minutes of Decision Meeting on January 16 , 2007. Minutes have been circulated to the
commissioners for review and are ready for consideration,
CONSENT AGENDA
2., Grace Seaman s January 19 , 2007 Decision Memorandum re: Potlatch Telephone Company
Advice Letter No, 07-01 P to Grandfather Advanced Calling Services Privacy Pack Bundle,
~, Grace Seaman s January 19, 2007 Decision Memorandum re: Staff Review of Interconnection
Agreements, Case Nos, VZN-06-03; ATI-98-01/GTE-98-08.
MATTERS IN PROGRESS
1. Daniel Klein s January 22 , 2007 Decision Memorandum re: Formal Complaint of Bill Uhl and Doris
Helge,
Q, Donovan Walker s January 22, 2007 Decision Memorandum re: Idaho Power s Application for
Approval of a Power Purchase Agreement with Telocaset Wind Power Partners, LLC, Case No.
IPC-06-31.
RULEMAKING
None,
FULLY SUBMITTED MA TIERS
None,
EXECUTIVE SESSION MATTERS
None.
4/4/2007
Page 2 of 3
-----
Original Message-----
From: Molly O'leary (mailto:molly(Q:jrichardsonandoleary.com)
Sent: Tuesday, January 23, 2007 4:59
To: Cecelia A Gassner
Subject: 1323/1M - Edge Wireless/Idaho ErC Application -- (FW: Edge Wireless Case)
Cece - Just thought I would check in and see when you think Edge
Wireless s ETC Application will be on the Commission s Decision Meeting
Agenda?
From: Jean Jewell (mailto:JeanJewell(Q:jpuc.idaho.gov)
Sent: Tuesday, January 23, 2007 4:40
To: Molly O'leary
Subject: Edge Wireless Case
Molly,
Cece Gassner is the attorney assigned to this case, and the case number is EDG-07-01.
Jean Jewell
Commission Secretary
jean. iewell~puc. idaho,gov
208-334-0338
-----Original Message-----
From: Molly O'leary (mailto:molly(Q:jrichardsonandoleary.com)
Sent: Tuesday, January 23, 2007 9:57 AM
To: Jean Jewell
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Thanks , Jean!
From: Jean Jewell (mailto:JeanJewell(Q:jpuc.idaho.gov)
Sent: Tuesday, January 23, 2007 9:09 AM
To: Molly O'leary
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Good morning, Molly! Our next Decision Meeting will be next Tuesday, January 30th , at 11 :00 a,
Staff and an attorney will be assigned to this case today, and they should be able to answer your
question about when it will be on the agenda. I will let you know who the attorney will be for this
case when I find out.
Jean Jewell
Commission Secretary
iean.iewell~puc,idaho.gov
208-334-0338
-----
Original Message-----
From: Molly O'leary (mailto:molly(Q:jrichardsonandoleary.com)
Sent: Monday, January 22 2007 5:11 PM
To: Jean Jewell
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Page 1 of 3
Nina
From: Molly O'leary
Sent: Monday, January 29, 2007 3:46 PM
To: Cecelia A Gassner
Subject: RE: 1323/1M - Edge Wireless/Idaho ETC Application -- (FW: Edge Wireless Case)
Cece - Just checking back in to see if you know when Edge Wireless s ETC
Application may be on the Commission s Decision Meeting Agenda.
Thanks!
From: Cecelia A Gassner (mailto:Cece.Gassner~puc.idaho.govJ
Sent: Tuesday, January 23, 20075:12
To: Molly O'leary
Subject: RE: 1323/1M - Edge Wireless/Idaho ETC Application -- (FW: Edge Wireless Case)
Hi Molly -
I have not been able to meet with Grace yet to discuss the timing, I believe the latest it would be on the agenda is
the February 5th meeting,
Best regards
Cece
*********
Cece Gassner
Deputy Attorney General for the Public Utilities Commission
Phone: [phone]
-----
Original Message-----
From: Molly O'leary (mailto:molly~richardsonandoleary.comJ
Sent: Tuesday, January 23, 2007 4:59
To: Cecelia A Gassner
Subject: 1323/1M - Edge Wireless/Idaho ETC Application -- (FW: Edge Wireless Case)
Cece - Just thought I would check in and see when you think Edge Wireless
ETC Application will be on the Commission s Decision Meeting Agenda?
From: Jean Jewell (mailto:Jean.Jewell~puc.idaho.govJ
Sent: Tuesday, January 23, 2007 4:40
To: Molly O'leary
Subject: Edge Wireless Case
Molly,
Cece Gassner is the attorney assigned to this case, and the case number is EDG-07-01.
Jean Jewell
4/4/2007
Page 2 of 3
Commission Secretary
jean, iewell~puc, idaho.gov
208-334-0338
-----
Original Message-----
From: Molly O'leary (mailto:molly(fj)richardsonandoleary.com)
Sent: Tuesday, January 23, 2007 9:57 AM
To: Jean Jewell
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Thanks, Jean!
From: Jean Jewell (mailto:JeanJewell(fj)puc.idaho.gov)
Sent: Tuesday, January 23, 2007 9:09 AM
To: Molly O'leary
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Good morning, Molly! Our next Decision Meeting will be next Tuesday, January 30th , at 11 :00 a,m, Staff
and an attorney will be assigned to this case today, and they should be able to answer your question about
when it will be on the agenda. I will let you know who the attorney will be for this case when I find out.
Jean Jewell
Commission Secretary
iean.jewell~puc,idaho,gov
208-334-0338
-----
Original Message-----
From: Molly O'leary (mailto:molly(fj)richardsonandoleary.com)
Sent: Monday, January 22 20075:11 PM
To: Jean Jewell
Subject: RE: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
Jean - When will the- next Decision Meeting be? Will Edge Wireless s ETCApplication be on the agenda?
Thanks!
From: Maiser(fj)PUCLIST.IDAHO.GOV (mailto:Maiser(fj)PUCLIST.IDAHO.GOV) On Behalf Of Jean Jewell
Sent: Monday, January 22, 2007 4:25
To: ipuc cam(fj)puclistidaho.gov
Subject: Agenda for Decision Meeting on Wednesday, January 24th, 1:30 p.
THE FOLLOWING IS THE IDAHO PUBLIC UTILITIES COMMISSION'S AGENDA FOR A
DECISION MEETING to be held on Wednesday, January 24, 2007 at 1:30pm. The agenda is
published forty-eight (48) hours in advance of each meeting. Meetings are held in the
Commission s Hearing Room at the IPUC, 472 West Washington Street, Boise, Idaho. The time
and the agenda are subject to change. Please check with Jean Jewell, Commission Secretary, at
334-0338 if you have any questions.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
1, Minutes of Decision Meeting on January 16, 2007, Minutes have been circulated to the commissioners
for review and are ready for consideration.
4/412007
Page 3 of 3
CONSENT AGENDA
2, Grace Seaman s January 19, 2007 Decision Memorandum re: Potlatch Telephone Company Advice
Letter No. 07-01 P to Grandfather Advanced Calling Services Privacy Pack Bundle,
~. Grace Seaman s January 19, 2007 Decision Memorandum re: Staff Review of Interconnection
Agreements, Case Nos. VZN-06-03; ATI-98-01/GTE-98-08,
MA TIERS IN PROGRESS
1:. Daniel Klein s January 22, 2007 Decision Memorandum re: Formal Complaint of Bill Uhl and Doris
Helge.
Q. Donovan Walker s January 22, 2007 Decision Memorandum re: Idaho Power s Application for Approval
of a Power Purchase Agreement with Telocaset Wind Power Partners, LLC, Case No, IPC-06-31,
RULEMAKING
None,
FULLY SUBMITTED MATTERS
None.
EXECUTIVE SESSION MATTERS
None.
4/4/2007
Page 1 of 3
Nina
From: Cecelia A Gassner (Cece,Gassner~puc.idaho.govJ
Sent: Monday, January 29 20073:58 PMTo: Molly O'leary
Subject: RE: 1323/1 M - Edge Wireless/Idaho ETC Application -- (FW: Edge Wireless Case)
Hi Molly-
Unfortunately, I don t have an update. We are trying to get to it as fast as possible, but I cannot state with any
certainty when it will be on the agenda,
Best wishes
Cece
*********
Cece Gassner
Deputy Attorney General for the Public Utilities Commission
Phone: [phone]
-----Original Message-----
From: Molly O'leary (mailto:molly(g)richardsonandoleary.com)
Sent: Monday, January 29 20073:46 PM
To: Cecelia A Gassner
Subject: RE: 1323/1M - Edge Wireless/Idaho ErC Application -- (FW: Edge Wireless Case)
Cece - Just checking back in to see if you know when Edge Wireless s ETC
Application may be on the Commission s Decision Meeting Agenda.
Thanks!
From: Cecelia A Gassner (mailto:Cece.Gassner(g)puc.idaho.gov)
Sent: Tuesday, January 23, 20075:12
To: Molly O'leary
Subject: RE: 1323/1M - Edge Wireless/Idaho ErC Application -- (FW: Edge Wireless Case)
Hi Molly -
I have not been able to meet with Grace yet to discuss the timing, I believe the latest it would be on the
agenda is the February 5th meeting,
Best regards
Cece
*********
Cece Gassner
Deputy Attorney General for the Public Utilities Commission
Phone: [phone]
4/4/2007
Page 1 of
Nina
From: Molly O'leary
Sent: Tuesday, February 13, 2007 5: 11 PMTo: Cecelia A Gassner
Subject: 1332/1 M - Edge Wireless, LLC/ldaho ETC Application -- ALL TEL'S PETITION TO INTERVENE
Cece - In the event that Edge Wireless decides to oppose Alltel's Petition to Intervene
(not a given), when would we need to file something by?
Thanks!
9rLoCCy O'Leary
Richardson & O'Leary PLLC
515 N. 27th Street, 83702
O. Box 7218, 83707
Boise, Idaho
Voice: 208.938.7900
Facsimile: 208.938.7904
Information contained in this electronic message and in any attachments hereto may contain
information that is confidential, protected by the attorney/client privilege and/ or attorney work
product doctrine. This email is intended only for the use of the individual or entity named above.
Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not
intended to and does not constitute a waiver of the attorney/client privilege and/ or attorney work
product doctrine. This transmission is further covered by the Electronic Communication Privacy Act
18 U.C. 88 2510-2521.
If you have received this email in error, immediately notify the sender of the erroneous receipt and
destroy this email and any attachments of the same either electronic or printed. Any disclosure
dissemination, distribution, copying or use of the contents or information received in error is strictly
prohibited.
Thank you.
4/4/2007
Page 1 of 2
Nina
From: Cecelia A Gassner (Cece.Gassner~puc,idaho,govJ
Sent: Tuesday, February 13 20075:19 PMTo: Molly O'leary
Subject: RE: 1332/1 M - Edge Wireless, LLC/ Idaho ETC Application -- ALL TEL'S PETITION TO
INTERVENE
Hi Molly -
Pursuant to Commission Rule of Procedure No, 75, any motion opposing a petition to intervene must be filed
within seven days after receipt of the petition, With it filed on the 6th , it would likely be deemed "received" on the
7th , so I think tomorrow would be the deadline,
- Cece
*********
Cece Gassner
Deputy Attorney General for the Public Utilities Commission
Phone: [phone]
-----
Original Message-----
From: Molly O'leary (mailto:molly(g)richardsonandoleary.com)
Sent: Tuesday, February 13, 2007 5: 11 PM
To: Cecelia A Gassner
Subject: 1332/1M - Edge Wireless, LLCI Idaho ETC Application -- ALLTEL'S PETITION TO INTERVENE
Cece - In the event that Edge Wireless decides to oppose Alltel's Petition to
Intervene (not a given), when would we need to file something by?
Thanks!
~o(fy :Leary
Richardson & O'Leary PLLC
515 N. 27th Street, 83702
O. Box 7218, 83707
Boise, Idaho
Voice: 208.938.7900
Facsimile: 208.938.7904
Information contained in this electronic message and in any attachments hereto may contain
information that is confidential, protected by the attorney client privilege andl or attorney work
product doctrine. This email is intended only for the use of the individual or entity named above.
Inadvertent disclosure of the contents of this email or its attachments to unintended recipients
is not intended to and does not constitute a waiver of the attorney client privilege andl or
attorney work product doctrine. This transmission is further covered by the Electronic
Communication Privacy Act, 18 U.C. ~~ 2510-2521.
4/4/2007
Page 1 of 2
Nina
From: Molly O'leary
Sent: Tuesday, February 13 20075:46 PM
To: Cecelia A Gassner
Subject: RE: 1332/1 M - Edge Wireless, LLC/ldaho ETC Application -- ALL TEL'S PETITION TO
INTERVENE
Thanks, Cece.
From: Cecelia A Gassner (mailto:Cece.Gassner(Q)puc.idaho.gov)
Sent: Tuesday, February 13, 2007 5:19
To: Molly O'leary
Subject: RE: 1332/1M - Edge Wireless, LLC/ Idaho ErC Application -- ALLTEL'S PETITION TO INTERVENE
Hi Molly -
Pursuant to Commission Rule of Procedure No. 75, any motion opposing a petition to intervene must be filed
within seven days after receipt of the petition. With it filed on the 6th, it would likely be deemed "received" on the
7th, so I think tomorrow would be the deadline.
- Cece
*********
Cece Gassner
Deputy Attorney General for the Public Utilities Commission
Phone: [phone]
-----
Original Message-----
From: Molly O'leary (mailto:molly(Q)richardsonandoleary.com)
Sent: Tuesday, February 13, 2007 5: 11
To: Cecelia A Gassner
Subject: 1332/1M - Edge Wireless, LLC/ Idaho ErC Application -- ALLTEL'S PETITION TO INTERVENE
Cece - In the event that Edge Wireless decides to oppose Alltel's Petition to
Intervene (not a given), when would we need to file something by?
Thanks!
~o(fy ~eary
Richardson & O'Leary PLLC
515 N. 27th Street, 83702
O. Box 7218, 83707
Boise, Idaho
Voice: 208.938.7900
Facsimile: 208.938.7904
4/4/2007
Page 1 of
Molly O'leary
From: Molly O'leary
Sent: Thursday, March 22 , 2007 5:23 PM
To: Joe Miller
; '
glazier~alltel.com
; '
cew~givenspursley.com
; '
mcc~givenspursley.commollysteckel~msn,comCc: 'Cecelia A Gassner ; Trinchero, Mark; Eric Anderson; Kevin J, Keillor
Subject: 1332/2M - Edge Wireless, LLC/ldaho ETC Application - REPLY COMMENTS
PLEASE SEE ATTACHED
9Vlo(fy 'Leary
Richardson & O'Leary PLLC
515 N. 27th Street, 83702
O. Box 7218,83707
Boise, Idaho
Voice: 208.938.7900
Facsimile: 208.938.7904
Information contained in this electronic message and in any attachments hereto may containinformation that is confidential, protected by the attomey / client privilege and/ or attomey work
product doctrine. This email is intended only for the use of the individual or entity named above.Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is notintended to and does not constitute a waiver of the attomey / client privilege and/ or attomey work
product doctrine. This transmission is further covered by the Electronic Communication Privacy Act
18 U.C. 882510-2521.
If you have received this email in error, immediately notify the sender of the erroneous receipt anddestroy this email and any attachments of the same either electronic or printed. Any disclosure
dissemination, distribution, copying or use of the contents or information received in error is strictly
prohibited.
Thank you.
3/22/2007
" .' '
~"A
"_~:~'
ATTORNEYS '.A'r-:_:i.
~~ ~ '
Molly O'Leary
Tc:: 208-938-7900 1'2,,: 208-938- 7904
:n01 !;-&cicha rdso~;, "cole. ry.co""
O. Bo" 7218 30"'" !J), 83707 - 515 N. 27:": 5:. 3o;oc. 1I). S370:!
22 March 2007
Ms. Jean Jewell
Commission Secretfuyr
Idaho Public Utilities Commission
P a Box 83720
Boise ID 83720-0074
Hand Delivered
RE:EDG- T -07-, Edge Wireless, LLC Application for ETC
Designation
Dear Ms. Jewell:
I am enclosing an original and seven (7) copies of Edge Wireless, LLC'REPLY COMMENTS.
Also enclosed is a copy to be date stamped and returned for our fIles.
S' ! cfitelv
-' -
' 1
UUArlA
n ~~
~,
PLLC
Enclo~-6.res
Molly O'Leary (ISB # 4996)
Richardson & O'Leary, P.LLC.
O. Box 7218
Boise, ill 83707
Tel: [phone]
Fax: [phone]
molly(0richardsonandoleary .com
' ,-" ,' " \ -,
" ; i ; :.": ! to- .
' ,' ,
Mark P. Trinchero, OSB #88322
1300 S.W. 5th Avenue, Suite 2300
Portland, Oregon 97201
Tel: [phone]
Fax: [phone]
marktrinchero(0d wt. com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF EDGE WIRELESS, LLC
FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER
PURSUANT TO THE
TELECOMMUNICATIONS ACT OF 1996
(RURAL AND NON-RURAL AREAS)
Case No. EDG-O7-
REPLY COMMENTS OF EDGE
WIRELESS, LLC
Applicant Edge Wireless, LLC ("Edge ), by and through its attorneys of record Davis
Wright Tremaine LLP and Richardson & O'Leary, P.LLc., files these Reply Comments in
response to the Protest and Comments filed by the Idaho Telephone Association ("ITA") on
March 13 2007 ("ITA Comments ) and to the Comments filed by Commission Staff ("Staff'
on March 13 2007 ("Staff's Comments ). For the reasons set forth below, Edge respectfully
requests that the Commission reject ITA's request to dismiss Edge s Application and to deny
IT A's eleventh hour request for a hearing. Edge also respectfully requests that the Commission
consider additional information, attached hereto, in response to Staff's assertion that it had
EDGE WIRELESS REPLY COMMENTS
pox 1624045v3 0054189-000049
Page 1 of7
insufficient information to verify Edge s claims that eligible telecommunications carrier ("ETC"
designation increased consumer choice and service quality in its Oregon service area.
REPLY TO IT A COMMENTS
ITA's arguments in support of its request to dismiss Edge s Application are based on a
misreading of the application and a misstatement of the relevant law. First, ITA quotes a single
sentence from the Application to imply that Edge has somehow ignored the "public interest"
standard with respect to ETC designation in the territories of rural incumbent local exchange
carriers ("ILECs ). This is a gross mischaracterization of the Application, an entire section of
which is devoted to establishing that Edge satisfies the public interest test with respect to its
request for ETC designation in rural ILEC study areas. I In fact, Staff's Comments include a
detailed four page discussion of its review of Edge s public interest showing.2 ITA's argument is
disingenuous and should be rejected.
IT A also appears to argue that the Application states that the Commission must grant
Edge ETC status throughout Edge s service area. This is also a gross mischaracterization of the
Application, which specifically seeks ETC designation for an area that is smaller than Edge
licensed service territory. For example, Edge has specifically excluded from its proposed ETC
service area five rural ILEC wire centers that fall within Edge s licensed service area.3 In
addition, Edge excluded the Boise River and Three Creek wire centers from its request because
its license area covers only a portion of each of those two wire centers.4 The Application also
expressly states that:
Section 214(e)(2) of the Act provides that ETC designations shall be made for a
service area" designated by the state commission. Section 214(e)(5) of the Act
See e.Application, Section V. "PUBLIC INTEREST FACTORS"
See Staff Comments, pp. 4-3 Application, footnote 9.4 Application, Exhibit B.
EDGE WIRELESS REPLY COMMENTS
pox I 624045v3 0054 189-000049
Page 2 of 7
provides that service area" shall be a geographic area established by the state
commission. In areas served by a rural telephone company, the FCC's rules
generally define a competitive ETC's "service area" to mean the LEC study area.
Once again, ITA's selective reading of the Application is misleading and disingenuous, at best.
IT A also claims that it ""can fmd nothing" in the Application that ""even alleges" that Edge
will offer service to customers throughou,t the relevant rural ILEC study areas.6 Once again
ITA's claim suggests it did not read the entire Application, which includes a section devoted
entirely to discussion of Edge s commitment to provide service to requesting customers.7 This
section of the Application provides the Commission with the requisite commitment from Edge to
provide service upon reasonable request, including the six-point check list for responding to
requests from residents within its proposed ETC area, but outside its existing network coverage.
This is consistent with the Commission s requirements, which are, in turn, based on the Federal
Communications Commission s (""FCC") rules.9 In addition, Edge submitted a detailed two-year
network improvement plan the ""thoroughness and attention to details" of which '"indicates to
Staff that Edge has made an effort to understand the rural wire centers' deficiencies and has
determined how they plan to improve these wire centers.10 Edge s Application is, thus, replete
with information sufficient for the Commission to make the requisite determinations, and ITA'
bald assertions to the contrary mischaracterize the Application and should be rejected.
5 Application, p. 3.6 ITA Comments, p, 3.
See Application, Section V. "Commitment to Serve Requesting Customers
See In the Matter of the Application ofWWC Holding Co" Inc, dba CellularOne Seeking Designation as an
Eligible Telecommunications Carrier That May Receive Federal Universal Service Support Order No. 29841Appendix p. 2 (IPUC Case No. WST-05-, served August 4, 2005)(hereinafter fPUC ETC RequirementsOrder
);
see also, In the matter of the Federal-State Joint Board on Universal Service CC Docket No. 9645
R. 637; see also 47 C.R, 9 54.202(a).10 Staff Comments, p. 8.
EDGE WIRELESS REPLY COMMENTS Page 3 of 7
POX 1624045v3 0054189-000049
Finally, ITA argues that modified procedure is inappropriate because ITA has not had an
opportunity to review Edge s confidential two-year network improvement plan. ITA also
questions whether Edge s confidentiality claim is warranted. The Commission should reject
IT A's eleventh hour request for a hearing. The Application was filed on January 22 2007 and
this Commission issued its notice that modified procedure would be used on February 14
2007.11 Yet ITA has
never requested of Edge a copy of any of the confidential exhibits to the
Application. Nor does Edge have reason to believe that ITA has made a request of the
Commission for a copy of any of the confidential exhibits to the Application. This Commission
has procedures for providing limited access to confidential information to selected individuals in
pending dockets, including Protective Orders.12 In addition, telecommunications carriers
frequently enter into non-disclosure agreements in order to share confidential information (e.
cost and network data relevant to interconnection negotiations). IT A's counsel is undoubtedly
aware of these mechanisms and the fact that he could have gained protected access to the
confidential exhibits upon request. ITA made no such request, opting instead to wait until the
final day of the comment period to raise this issue. The Commission should not condone such
obvious delay tactics.
Furthermore, ITA's suggestion that Edge s claim of confidentiality is somehow
unwarranted is specious. A number of ITA's members are part of a consortium that has formed a
company called Syringa Wireless, LLC that provides wireless service in Idaho in direct
competition with Edge. Syringa s web site describes Syringa as follows:
Syringa Wireless is a consortium of long standing, local Idaho telecommunication
companies who banded together to form a new cellular company called Syringa
Wireless, LLC. The member partners include Albion Telecommunication
Company (ATC), Direct Communications of Rockland, Filer Mutual Telephone
II See Order No. 30240,
12 Rule 67.
04 of the Rules of Procedure of the Idaho Public Utilities Commission. IDAPA 31.01.01.067.04.
EDGE WIRELESS REPLY COMMENTS Page 4 of 7
POX 1624045v3 0054189-000049
Silver Star Communications based in Freedom, Wyoming and servin~ the DriggsVictor Idaho areas, and Project Mutual Telephone (PMT) of Rupert.
Silver Star Communications also operates a wireless carrier in eastern Idaho called Silver Star
PCS.14 These companies are undoubtedly well aware that wireless companies consider network
plans that describe locations for new cell sites as highly sensitive proprietary information and
take every precaution to maintain the confidentiality of such information. Nor is it uncommon
for competitive wireless carriers to "swoop in" on a potential site if it finds out that another
carrier is in negotiations with a land-owner. Thus, ITA's argument is insincere and hypocritical.
Edge clearly expected that ITA members would be interested in its application and obviously
needs to ensure that access to this information is limited, especially in light of the fact that ITA
members are also part of a competing wireless carrier. The Commission should rej ect ITA's last
minute request for a hearing. It is "sandbagging" plain and simple and should not be tolerated.
REPL Y TO. STAFF COMMENTS
Edge commends Staffs thorough review of Edge s Application and welcomes Staff
recommendation that Edge s Application be approved. This Reply to Staffs Comments is
limited to the following Staff observation:
Staff does not have sufficient information to verify the Company s anecdotalclaims that ETC designation increased consumer choice and service quality in its
Oregon service area. In addition, the Application provides no documentation to
support the Company s claim that its network improvement was specifically a
result of ETC designation in Oregon.
Edge is proud of its accomplishments in improving network coverage and service quality in its
Oregon service area and, therefore, wishes to respond to Staffs desire for more information.
Attached hereto is a copy of Oregon Public Utility Commission s ("OPUC") latest annual
recertification decision, Order No. 06-537, in OPUC Docket UM 1217, entered September 19
13 See http://syringawireless.com/abouthtm.
14
See, http://www.silverstar.com/co abouthtm.
EDGE WIRELESS REPLY COMMENTS
pox 1624045v3 0054189-000049
Page 5 of 7
2006. The Order describes in detail the findings of OPUC Staff as a result of its comprehensive
review of competitive wireless ETC ("CETC") network improvement plans, including the
network improvement plan submitted by Edge in Oregon. 15 The Order finds that Edge had in
fact used its 2005 high cost funds to further the goals of universal service in Oregon. 16 The
Order also states:
Edge Wireless had submitted a 5-year plan as part of its application for
designation last year. Edge did a superb job of retaining much of that plan and
carrying through elements of it for implementation in 2006 and 2007, as theirrecertification for last year required a plan for only 2005 support spending. While
some projects that were not completed from their 2005 plan were carried over into
their 2006 plans, much of the 2006 and 2007 plans were new this year.
Clearly, ETC designation in Oregon has allowed Edge to invest in infrastructure that has
promoted the goals of universal service. Granting Edge ETC designation in Idaho will help
bring similar benefits to the consumers in this State.
15 See OPUC Order No. 06-537 Appendix A, pp. 4-16 App. A, p. 5.
EDGE WIRELESS REPLY COMMENTS Page 6 of 7
POX 1624045v3 0054189-000049
CONCLUSION
For the foregoing reasons, Edge respectfully request that the Commission reject ITA'
request to dismiss the Application, reject ITA's request for a hea..ring, and adopt Staffs
recommendation to grant Edge s Application for designation as an ETC in Idaho.
, '/. "") /,:'"
Dated this...=k. day or March, 2007-
Respectfully submitted
DA VIS "'"RIGHT TREMAINE, LLP RICHARDSON & O'LEARY, PLLC
/;7
' .
1--:2
, " '../" , "
Co
Mark P,trinchero, OSB #88322 Molly O'Leary
, \
dge ~reless, LLC
EDGE WIRELESS REPLY COMMENTS
PDX 624045v3 0054 J 89-000049
Page 7 of 7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 22nd day of March, 2007 a true and correct copy of thewithin and foregoing REPL Y COMMENTS OF EDGE WIRELESS, LLC was filed with theIdaho Public Utilities Commission and served on the parties as indicated below:
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise ill 83720-0074
K. Hand Delivery
- U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Cece Gassner
Deputy Attorney General
Idaho Public Utilities Commission
POBox 83720
Boise ID 83720-0074
Cece. Gassner(0puc.idaho. gov
- Hand Delivery
- U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Dean J. Miller
McDEVITT & MILLER LLP
O. Box 2564
Boise, Idaho 83701
Fax: [phone]
Email: ioe-mcdevitt-miller.com
- Hand Delivery
S. Mail, postage pre-paid
Facsimile
Electronic Mail
Nathan Glazier
Regional Manager, State Affairs
Alltel Communications, Inc
4805 Thistle Landing Dr.
Phoenix, AZ 85044
Fax: [phone]
Email: Nathan. glazier-alltel.com
~ Hand Delivery
S. Mail, postage pre-paid
Facsimile
Electronic Mail
Conley E. Ward
Michael C. Creamer
GIVENS PURSLEY LLP
O. Box 2720
Boise, ID 83701-2720
Fax: [phone]
Email: cew(0givenspursley.com
Email: mcc(0givenspursley.com
- Hand Delivery
K-U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
CERTIFICATE OF SERVICE -
Page 1 of 2
Nina
From: Cecelia A Gassner (Cece.Gassner(gtpuc,idaho,gov)
Sent: Friday, March 30, 20072:04 PM
To: Molly O'leary
Subject: RE: 1332/1 M - Edge Wireless, LLC/ldaho ETC Application -- DRAFT PROTECTIVE AGREEMENT
Hi Molly -
Generally the protective agreement will spell out the dispute resolution mechanism, and the Commission has
most often served the function of the entity deciding over any such dispute, As for admission into evidence, you
can also explicitly handle that within the agreement. In most cases, if any material was to be admitted in a hearing
or other proceeding as evidence, that could still be submitted as trade secret (i.e. between yellow sheets) and
thus able to be seen by the Commissioners but not by the general public,
Filing the agreement is a good idea, but is not required, It will only be a part of the record, showing that the parties
did discuss arrangements for the ITA to view the documents.
I hope that this helps, but please let me know if you would like to discuss it further.
Best regards
Cece
*********
Cece Gassner
Deputy Attorney General for the Public Utilities Commission
Phone: [phone]
-----Original Message-----
From: Molly O'leary (mailto:molly(Q)richardsonandoleary.com)
Sent: Friday, March 30, 2007 11:57 AM
To: Cecelia A Gassner
Subject: 1332/1M - Edge Wireless, LLC/Idaho ETC Application -- DRAFT PROTECTIVE AGREEMENT
Importance: High
Cece - I am forwarding to you a DRAFT copy of the Protective Agreement that we
intend to provide to ITA today. Since we are entering into the agreement
independent of the Commission , how do you envision the Commission s role
in any necessary dispute resolution and/ or admission of Confidential
Information into evidence?
Should we formally lodge this Protective Agreement w / the Commission once
executed?
~o(Ey 'Leary
Richardson & O'Leary PLLC
515 N. 27th Street, 83702
O. Box 7218, 83707
4/4/2007
?GOi/.r~-J (Ii 9;;:Lf
I L ,~i,; / i ,.' .L. i ~(iLlII,:,:: CCj 'IJ,,;i3~::
EDGE RESPONSE
TO RFP #
ORDER NO. 05-965
ENTERED 08/29/05
BEFORE THE PUBLIC UTILITY COMMISSION
OF OREGON
UM 1177
In the Matter of
ORDER
EDGE WIRELESS, LLC
Application for Designation as an Eligible
Telecommunications Carrier Pursuant to
the Telecommunications Act of 1996.
DISPOSITION: SECOND AMENDED APPLICATION GRANTED
Edge Wireless, LLC (Edge) initially filed two applications for designation
as an Eligible Telecommunications Carrier (ETC): One application was for designation
in areas served by incumbent non-rural carriers, UM 1176; the other application was for
designation in areas served by incumbent rural carriers, UM 1177. Those dockets were
subsequently consolidated, and the application under consideration is the Second
Amended Application filed in UM 1177 on June 20, 2005. That application is approved
as set forth below.
The legal requirements for designation as an ETC shifted dramatically
during the course of this proceeding. To evaluate Edge s application, this order
commences with the procedural background of the case. We then discuss the legal
requirements beginning with the state of the law that we applied in RCC Minnesota, Inc.
UM 1083, and US Cellular Corp, UM 1084; as well as the additional requirements that
have been set forth by the Federal Communications Commission (FCC). Next, we assess
Edge s application using the legal framework set out above. Finally, we set out our
findings and conclusions.
Procedural Background
On October 1 and 19 2004, Edge filed two applications for ETC
designation, because at that time, two different legal standards applied to designation in
areas served by rural and non-rural carriers. Oregon Telecommunications Association
(OT A) filed a petition to intervene on December 10, 2004, which was subsequently
granted, and a prehearing conference was held December 17. Edge moved for a
Protective Order on January 21 2005, and the order was issued the same day.
See Order No. 05-047.
ORDER NO. 05-965
At the prehearing conference, a schedule was adopted providing for
workshops and a staff report. On February 8, 2005, Staff moved to extend the schedule
to allow Edge to file an amended consolidated application in light of a new FCC decision
and speculated that, based on discussions, aT A would withdraw its intervention upon
review of the amended application. Edge filed its First Amended Application and motion
to consolidate the dockets on February 11. The motion to consolidate the dockets was
granted on February 23. OTA filed a motion to withdraw its intervention on February 28.
On February 28 2005, the FCC issued a press release indicating that it had
reached a decision on additional guidelines for ETC designation. aT A immediately
withdrew its motion to withdraw its intervention, and Staff requested that the schedule be
held in abeyance until the parties had an opportunity to review the FCC decision.
On March 17, the FCC released its decision. See In the Matter of
Federal-State Joint Board on Universal Service CC Docket No 96-, 20 FCC
Rcd 6371 , FCC 05-46 (reI Mar 17 2005) (hereinafter "FCC 05-46"). The parties then
proposed a new schedule, which was approved. Edge filed its Second Amended
Application on June 20 2005. Staff filed testimony on July 15 2005. Edge then filed a
letter requesting that the Commission act on its application without holding a hearing.
OTA made no additional filings.
Applicable Law
The state of the law as of June 2004, was set forth in Order No. 04-355
when the Commission considered the ETC application ofRCC Minnesota, Inc.
Section 254 of the Act governs the Universal
Service Fund (USF). The statute states that universal
service policies should promote quality services at just
reasonable, and affordable rates; access to advanced
telecommunications and information services; access to
services in rural areas comparable to services in urban
areas; and other policies as are developed over time. 47
USC 9 254(b). The statute also states
, "
Universal service is
an evolving level of telecommunications services." 47 USC
9254(c)(1).
Telecommunications carriers that have been
designated ETCs under section 214( e) "shall be eligible to
receive specific Federal universal service support. A carrier
that receives such support shall use that support only for the
provision, maintenance, and upgrading of facilities and
services for which the support is intended." 47 use 9
254( e). An ETC only receives USF support for customers
that it serves in areas where USF support is distributed.
ORDER NO. 05-965
47 CFR ~ 54.307(a). The ETC can offer services, either
using its own facilities or through a combination of its own
facilities and resale of another carrier s services. 47 USC
~ 214(e)(1). An ETC does not receive support if it serves a
customer through resale of another carrier s facilities, but
only if it serves the customer using its own facilities.
47 CFR ~ 54.307(a)(3). The amount of support provided to
the ETC for a customer line mirrors the amount provided to
the incumbent local exchange carrier (ILEe) for that
customer line. 47 CFR ~ 54.307(a)(4).
The basic test for whether an applicant should be
designated as an ETC is (1) whether it offers the services
supported by federal universal service support mechanisms
and (2) whether it advertises those services. 47 USC ~
214(e)(l).
Order No. 04-355 at 3. The services supported by federal universal service support
mechanisms are listed in federal regulations: (1) voice grade access to the public
switched network; (2) local usage; (3) dual tone multi-frequency signaling, or its
functional equivalent; (4) single-party service, or its functional equivalent; (5) access to
emergency services; (6) access to operator services; (7) access to interexchange service;
(8) access to directory assistance; and (9) to111imitation for qualifying low-income
customers. See 47 CFR ~ 54.101(a).
When the Commission last considered the issue, the FCC had declared
that, in areas served by non-rural incumbent carriers, provision and advertisement of the
essential nine services "is consistent per se with the public interest." See, e.
g.,
Order No. 04-355 at 6 (quoting In the Matter of Pine Belt Cellular, Inc. and Pine Belt
PCS, Inc., Petition for Designation as an Eligible Telecommunications Carrier
DA 02-1252, 17 FCC Rcd 9589,-r 13 (reI May 24 2002). In contrast, in areas served by
rural incumbent carriers, the Commission was required to conduct a more thorough
analysis to determine whether "the designation is in the public interest." See
Order No. 04-355 at 7 (citing 47 USC ~ 214(e)(2)). In considering whether designation
was in the public interest, the Commission evaluated cream-skimming concerns
performed a cost-benefit analysis, and examined the applicant's ability to provide reliable
service. See Order No. 04-355 at 7-13.
In interpreting and applying federa11aw, the Commission used FCC
decisions as guidance. See Order No. 04-355 at 7 n 2 ("FCC decisions are not binding on
this Commission, * * * but the decisions are instructive to our analysis.) The FCC has
since issued a March 17 2005, Report and Order regarding minimum requirements for a
telecommunications carrier to be designated as an ETC, after receiving substantial public
input and recommendations by the Federal-State Joint Board on Universal Service.
See CC 05-46.
ORDER NO. 05-965
In addition to providing and advertising the nine essential services, the FCC set out several
additional criteria for new ETC designations:
(1) The applicant must show a commitment and ability to provide services in two ways:
by providing services to all requesting customers within the service area, and
submitting a formal network improvement plan that demonstrates how Universal
Service Funds will be used to improve coverage, signal strength, or capacity that
would not occur without high-cost support. See FCC 05-, ,-r 21. The improvement
plan should set out how, in the next five years, signal quality, coverage, or capacity
will be improved, the projected start and completion date for each project, the
specific geographic areas in which improvements will be made, and the estimated
population that will be served as a result of the improvements. See id. at,-r 23.
(2) The applicant must state a plan to remain functional in emergency situations.
See FCC 05-, ,-r,-r 25-27. While the FCC declined to adopt specific requirements, it
stated that an applicant "must demonstrate it has a reasonable amount of back-up
power to ensure functionality without an external power source, is able to reroute
traffic around damaged facilities, and is capable of managing traffic spikes resulting
from emergency situations.!d. at,-r 25. Additional requirements may be set forth
by state commissions, but the requirements must be competitively neutral. See id.
As discussed below, reports regarding outages will also be required. See id. at,-r 27.
(3) The applicant must satisfy certain consumer protection and service quality standards.
The FCC stated that it would require carriers to adhere to the Cellular
Telecommunication and Internet Association s (CTIA) Consumer Code for Wireless
Service. Under the CTIA Consumer Code, wireless carriers agree to the following
terms: (1) disclose rates and terms of service to customers; (2) make available maps
showing where service is generally available; (3) provide contract terms to customers
and confirm changes in service; (4) allow a trial period for new service; (5) provide
specific disclosures in advertising; (6) separately identify carrier charges from taxes
on billing statements; (7) provide customers the right to terminate service for
changes to contract terms; (8) provide ready access to customer service; (9) promptly
respond to consumer inquiries and complaints received from government agencies;
and (10) abide by policies for protection of consumer privacy. See FCC 05-
,-r 28 n 71. The FCC discouraged states from adopting additional consumer
protections for carriers seeking ETC designation. See id. at,-r 30.
(4) The applicant must offer a local usage plan that is comparable to that offered by the
incumbent carrier, but the FCC did not set establish a specific threshold. See FCC
05-, ,-r,-r 32-34. In evaluating the local usage plan, factors to be considered include
whether the applicant's local calling plan has a different local calling area than the
incumbent carrier, whether the applicant's local calling plan offers unlimited free
calls to government, social service agencies, health facilities, educational institutions
and emergency numbers, and whether there is a local plan available that offers a
specified number of free minutes in the local area. See id. at,-r 33. The FCC
expressly notes that although it has not set a specified number of minutes for local
ORDER NO. 05-965
usage
, "
there is nothing in the Act, Commission s rules, or orders that would limit
state commissions from prescribing some amount of local usage as a condition of
ETC status.See id. at ~ 34.
(5) The applicant must indicate that it understands that it may be required to provide
equal access if all other ETCs in the designated service area relinquish their
designations pursuant to section 214(e)(4) of the Act. See FCC 05-, ~~ 35-36.
Further, the FCC will require the following reports of new and current
ETCs: (1) progress updates on the carrier s five-year service quality improvement plan;
(2) detailed information on outages in the carrier s network; and (3) how many requests
for service from potential customers were unfulfilled in the past year and the number of
complaints per 1 000 handsets or lines. See FCC 05-, ~ 69. The FCC will also require
certification that the carrier complies with other requirements, such as the number of
complaints per 1 000 handsets or lines, observance of the CTIA Consumer Code, ability
to function in emergency situations, provision ofloca1 usage plans comparable to those
offered by local incumbent carriers, and acknowledgement that it may be required to
offer equal access if other ETCs withdraw from the area. See id.
In addition, the FCC enhanced its public interest analysis. See FCC 05-
~~ 40-47. The decision stated that the public interest inquiry should be applied to carriers
seeking to serve areas served by both rural and non-rural carriers; however, the
prohibition on cream-skimming should continue to apply only to areas served by rural
carriers. See id. at ~~ 42, 52. The FCC also set forth several specific considerations to be
evaluated in determining whether an ETC application is in the public interest. Increased
consumer choice among carriers is one factor that may weigh in favor of a public interest
finding, but that alone will not satisfy the public interest test. See id. at ~ 44. Also
increased service offerings, such as mobility, fewer toll charges, voice mail, numeric
paging, call forwarding, three-way calling, and call waiting may also weigh in favor of
wireless carriers winning ETC designation. Against those benefits, certain disadvantages
may also be considered, such as the frequency of dropped calls and the lack of coverage
in the area. See id. The FCC specifically declined to adopt a specific test to use when
considering whether the designation of an ETC would affect the size and sustainabi1ity of
the Universal Service Fund. See id. at ~ 54.
After a carrier has been designated as an ETC, it must file reports as part
of the annual recertification process. In the past, the Commission has required extensive
reporting by ETCs to show how they are spending Universal Service Fund support and
providing service to their customers. See, e.Order No. 04-355 at 16-17. The new
FCC order required additional reports:
(1) progress reports on the ETC's five-year service
quality improvement plan, including maps
detailing progress towards meeting its plan targets, an
explanation of how much universal service support was
received and how the support was used to improve signal
ORDER NO. 05-965
quality, coverage, or capacity; and an explanation regarding
any network improvement targets that have not been
fulfilled. The information should be submitted at the wire
center level;
(2) detailed information on any outage lasting at
least 30 minutes, for any service area in which an ETC is
designated for any facilities it owns, operates, leases, or
otherwise utilizes that potentially affect at least ten percent
of the end users served in a designated service area, or that
potentially affect a 911 special facility (as defined in
subsection (e) of section 4.5 of the Outage Reporting
Order). An outage is defined as a significant degradation
in the ability of an end user to establish and maintain a
channel of communications as a result of failure or
degradation in the performance of a communications
provider s network:. n196 Specifically, the ETC's annual
report must include: (1) the date and time of onset of the
outage; (2) a brief description of the outage and its
resolution; (3) the particular services affected; (4) the
geographic areas affected by the outage; (5) steps taken to
prevent a similar situation in the future; and (6) the number
of customers affected; and
(3) the number of requests for service from potential
customers within its service areas that were unfulfilled for
the past year. The ETC must also detail how it attempted to
provide service to those potential customers.
FCC 05-,-r 69. Further, the carrier must provide the number of complaints per 1 000
handsets or lines; certification that it is complying with applicable consumer protection
rules, such as the CTIA Consumer Code; certification that it is able to function in
emergency situations; certification that it offers a local usage plan comparable to that
offered by the incumbent carrier; and certification that the carrier acknowledges that it
may be required to provide equal access to long distance carriers in the event that no
other eligible telecommunications carrier is providing equal access within the service
area. See id. The FCC urged state commissions to apply these reporting requirements on
all ETCs applying for annual recertification. See id. at,-r 71.
No state laws or rules have been enacted regulating designation ofETCs
therefore we rely on precedent and the guidance provided by the FCC. However, at the
August 16 2005, public meeting, we opened docket UM 1217 to consider matters raised
by the FCC's March 17 2005, decision.
Application of Edge Wireless, LLC
Federal universal service support is given to support the nine essential
services set forth in 47 CFR 9 54.101(a). Edge has committed to providing those
ORDER NO. 05-965
services. See Second Amended Application, 6 (June 20, 2005). The only exception is
the Link Up service, the federal program for discounts on connection charges, because
Edge does not charge for activation of wireless services. See Staffi'1 , Marinosl11. Also
Edge has committed to advertising those services and has provided a budget for 2004
with a statement that it expects to spend a similar amount in 2005. See Second Amended
Application, 12 and n 26.
First, Edge agreed to provide service to customers making a reasonable
request for service, using the same six-point checklist already approved by the
Commission: (1) determine whether the customer s equipment can be modified or
replaced to provide acceptable service; (2) determine whether a roof-mounted antenna or
other network equipment can be deployed at the premises to provide service; (3)
determine whether adjustments at the nearest cell site can be made to provide service;
(4) determine whether there are any other adjustments to network or customer facilities
that can be made to provide service; (5) explore the possibility of offering resold service;
and (6) determine whether an additional cell site, a cell-extender, or repeater can be
employed, or can be constructed to provide service. See Second Amended Application
21-22; Order No. 04-355 at 10. In addition, Edge submitted a confidential five year build
out plan specifying anticipated new cell sites and improvements to existing sites at the
wire center level. See Second Amended Application, 14, and confidential Exhibit J.
Second, Edge has designed a "fault tolerant network" to remain functional
in emergency situations. See Second Amended Application, 9. The network has a
mobile switching center; overlapping cell sites with constant remote monitoring and
battery back up, and standby generators at major sites; mobile cells and other alternate
access equipment; and trained technicians at various locations with access to cell sites.
See id. at 9-10. To show its commitment, Edge cites several situations which stressed its
network, for example, storms and high-capacity events such as county fairs, and the steps
it took to accommodate usage in those situations. See id. at 10.
Third, Edge has confmned that it will comply with the consumer
protection standards established by the CTIA Consumer Code. See Second Amended
Application, 12. Edge also committed to cooperating with the Commission on consumer
complaints, in accordance with the Interagency Agreement between the Commission and
the Department of Justice, which established a process to handle such complaints. See
Second Amended Application, 12, and Exhibit M. The Interagency Agreement states
that carriers are required to provide substantially accurate coverage maps to consumers;
allow new customers to terminate a wireless contract for any reason within 14 days of
activation without paying an early termination fee; return any activation or other "non-
usage" based fee charged to consumers if consumers cancel within three days of
activation; disclose material terms and conditions of the plans in the carriers' advertising,
when soliciting new consumers through telemarketing, and in writing, after a consumer
purchases a new plan; separately state the charge for each plan feature or service on
consumers' bills; and not represent that discretionary cost recovery fees are taxes or some
other type of government required fee. See id. at Exhibit M, 1.
ORDER NO. 05-965
Fourth, Edge provided specific local calling plans to show that it provides
local usage. See Second Amended Application, Exhibit G. It provides several groups of
plans. The Local Shared plans provide a home calling area of southern Oregon and
northern California; the Western Shared plans provide a home calling area of Oregon
Washington, Idaho, California, Nevada, Utah, Wyoming, Colorado, Montana, and
Alaska. Both of those groups of plans offer a low cost option in which customers would
have no day time anytime minutes, but unlimited night and weekend minutes and
emergency calls. See id. at Exhibit G, 2. Edge also provides toll-free 511 calls for the
Oregon Department of Transportation road reports and 711 calls to TRS/TTY operators
and plans to provide 211 calls to social service agencies. See Second Amended
Application, 8. More extensive calling plans are also offered. See generally id.
Exhibit G.
Fifth, Edge has acknowledged that it may be required to provide equal
access if other ETCs withdraw from the area. See Second Amended Application, 12.
As to whether its application is in the public interest, Edge asserts that it
will increase consumer choice and service quality by expanding wireless service where it
would not otherwise exist, provide health and safety benefits by allowing mobile service
in remote locations, and increase competition among carriers. See Second Amended
Application, 13-18. The Commission has also considered the carrier s contribution to
Internet options as a factor in determining whether an ETC application is in the public
interest. See Order No. 04-355 at 7-8. Edge has shown its commitment to providing
advanced wireless data communications and indicates that it will enhance that service in
the future. See Second Amended Application, 15-16.
In addition, Edge stated that its designation would not cream-skim wire
centers with the lowest cost of service from rural incumbent carriers service area. The
Application covers the entire service area of Citizens, but includes only selected wire
centers in the service areas of CenturyTel, Cascade, and United. Edge compared the cost
of service and, in the alternative, density as a proxy for cost of service, for CenturyTel
and Cascade wire centers which it does and does not serve. See id. at 20-, and Exhibits
, L. An analysis of those wire centers shows that Edge s application does not cream-
skim in those areas. Only one wire center of United is included in Edge s application
and it is a low-density wire center. See Staffn , Marinos/19.
In compliance with FCC 05-46 ~ 65, Edge is being designated as an ETC
in the incumbent LEC study areas of the following carriers: parts of Qwest, Verizon
Cascade, CenturyTe1, and United study areas, and all of Citizens study area. A list of all
wire centers in which Edge is being designated, initially filed as Exhibit B to the Second
Amended Application, is attached as Appendix A.
Edge has also committed to file the reports currently required of other ETC
designees in the annual recertification process, and also fulfill any new or additional
reporting requirements adopted by the Commission pursuant to the FCC's March 17 2005
Order. See Second Amended Application, 22-24.
ORDER NO. 05-965
Finally, it is noted that Staff supports the Application and finds that it
meets the requirements established by the FCC. See Staffll , Marinosll9. OTA declined
to submit any filings in this case other than documents related to its intervention.
Findings and Conclusions
We find that Edge has committed to providing services and improving its
network as discussed above. Therefore, we conclude that Edge s application meets the
legal requirements set forth by federal law and FCC orders. Consequently, we conclude
that Edge should be designated as an ETC for the service area in which it has applied.
We also require Edge to submit the above mentioned reports as part of its annual
recertification process.
ORDER
IT IS ORDERED that:
The Second Amended Application of Edge Wireless, LLC, for
designation as an Eligible Telecommunications Carrier pursuant to
the Telecommunications Act of 1996 is granted;
Edge Wireless, LLC, is designated as an Eligible
Telecommunications Carrier in the wire centers indicated in
Appendix A.
Edge Wireless, LLC, will be required to file the reports as
discussed in this order as part of the annual recertification process.
Made, entered, and effective AUG,I 9 ZOOS
John Say '
(./
emmiSSioner
Commissioner
ORDER NO. 05-965
Exhibit B
EDGE WIRELESS PROPOSED ETC AREA (NON-RURAL)
Verizon Northwest, Inc. Wire Centers
in Coos, Curry, Douglas and Josephine Counties:
RDPTORXX (Reedsport)
LKSDORXX (Lakeside)
NBNDORXX (North Bend)
CSBYORXX (Coos Bay)
CQLLORXX (Coquille)
BNDNORXX (Bandon)
MYPNORXX (Myrtle Point)
LNGLORXX (Langlois)
PTORORXX (Port Orford)
PWRSORXX (powers)
GLBHORXX (Gold Beach)
BKNGORXX (Brookings)
:MRPHORXX (Murphy)
PRVTORXX (provo It) *
EMPRORXX (Empire)
Qwest Corporation Wire Centers
in Coos, Curry, Douglas and Josephine Counties:
STHROR58 (Sutherlin)
RSBGOR57 (Roseburg)
WNTNOR57 (Winston)
GRPSOR29 (Grants Pass) *
* Although Edge s BTA boundaries do not completely encompass the entire wire center, Edgewill offer service throughout the entire wire center area.
PDX 1270903vl 54189-APPEN~IX
PAGE -L. OF
-==
ORDER NO. 05-965
Exhibit B
List of Rural ILEC Wire Centers in Edge s Proposed ETC Area
Citizens Wire Centers
in Coos, Curry, Douglas and Josephine Counties:
AZALORXA (Azalea) *
CNVLORXA (Canyonville)
CVJTORXA (Cave Junction)
DYCKORXX (Days Creek)
GLDORXA (Glendale)
MYCKORXA (Myrtle Creek)
OBRNORXX (O'Brien)
RDDLORXA (Riddle)
SEL110RXA (Se1m~
WLCKORXA 0N olf Creek)
Cascade Wire Centers
in Coos, Curry, Douglas and Josephine Counties:
EKTNORXB (Elkton)
SCBGORXA (Scottsburg)
CenturyTel Wire Centers
in Coos, Curry, Douglas and Josephine Counties:
CMVLORXA (Camas Valley)
DRANORXA (Drain) *
GLIDORXA (Glide)
NRUPORXA (North Umpqua)
YNCLORXA (Yoncalla) *
United Wire Centers
in Coos, Curry, Douglas and Josephine Counties:
DMLKORXX (Diamond Lake)
* Although Edge s BT A boundaries do not completely encompass the entire wire center, Edge
will offer service throughout the entire wire center area.
PDX 1270903v154189-APPENDlX .4
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APPLICATION OF EDGE WIRELESS FOR ETC DESIGNATION