200312051st Response of Edge Wireless.pdf

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",EP1aER OF THE AT.T WIREl.ESS NETWORK
AT&T
Wireless
e d e WI ESS
December 5. 2003
Jean D. Jewell
Office of the Secretary
idaho Public Utilities Commission
472 W Washington
Boise" ID 83702.59!G
Re: First Production Request of the Commission Starr to Wireless Compan ies in the Matter
of IPUC Response to FCC Order on Review of Section 251 Unbundling Obligations of
Incumbent Local Exchange Carriers (CC Docket No. 01-338).
Dear Ms. Jewell:
This letter js in rc~"ponsc to the above referenced docket. While in the spirit
cooperation with the Commission, Edge Wireless, LLC ("Edge Wireless ) has attempted to
provide responses to the relevant switching questions; however, Edge Wireless has global
concerns regarding the request as a whole and specific concerns with respect to individual
questions. These concealS arc discussed in lJ1ore detail below.
Edge Wirele!\s respectfully believes it is not lcgallyobligatcd to respond to this
Tnfonnation Request. First, Edge Wireless is currcntly not a party in the above referenced
proceeding. In addition, the Idaho Code explicitly exempts wireless can-iers from regulation by
the Conunission. See Idaho Code ~61-121-2(ii) and ~62-603-13(ii). The Commission thus
cannot require a response from Edge Wireless in this proceeding. Furthennore, as discussed in
more detail below, the Federal Communications Commission ("FCC") could not have been
clearer that commercial mobile radio service (CMRS) switching is not relevant to the state
detem1ination of whether there is impainnent for mass market switching. Nevertheless, despite
this objection, in order to be responsive to the Commission s inquiry, Edge Wireless provides thefollowing.
The FCC Clearly Delf.'.rmined that CMRS SWilChblg is Not A SuiTable Suhstilulefor fLEC
Switching
In the Triennial Review Order ("TRO"), the FCC considered intem1odal alternatives in
its analysis of impairment on a natlonallcvcl.1 III determining the significance of evidence of
intermodal alternatives, the fCC considered "to what extent services provided over these
intermodal altematives are comparable in cost, quality, and maturity to inC\.lmbent LEC
1 'fRO ~ 97.
650 SW Columbia. Suite 7200. Bend, Oregon 97702. phone: [phone]. Fax: [phone]
SENT BY: EDGE WIRELESS;54131 2!)B60;UtC-!)-U3 ~:3U~M;~A(jt 3/':)
services...2 The FCC speci lically cons1dcred evidence of the availabi lity of intermodal switching
in the mass market and determined that it did not warrant a finding of no impainnent.
3 In
considering. the evidence relat~ to CMRS service, the FCC staled:
We also find that despite evidence demonstrating narrowband local
services are widely available through CMRS providers, wireless is
not yet a suitable substitute for local circuit switching. In
particular, only three to live percent ofCMRS subscribers use their
service as a replacement for primary fixed voice \'lifeline services,
which indicates that wireless switches do not yet act broadly as an
intcrmodal replacement for traditional wireline circuit switches.
Lastly, the record demonstrates that wireless CMRS connections in
general do not yet equal traditional land line facilitics in their
quality and ability to handle data traffic.
In addition to detemUlling that on a Tlationallevel CMRS switching is not a suitable
substitute for TLEC switching" the FCC concluded in the context of discussing the triggers
analysis that a state commission must perfunn for lllasS market switching that: (1) CMRS service
is not comparable in quality to lLEC service and (2) that it does not expect states to consider
CMRS deployment in the context of the triggers ana\ysis. Specjfically, the TRO states:
For example, we note that CMRS does not yet cqual traditional
incumbent LEC services in its quality, its ability to handle data
traffic, it ubiquity, and its ability to provide broadband services to
the mass market. ... Thus, just as CMRS deployment does not
persuade us to reject our nationwide finding of impainnent ... at
this time we do not expect state comrnissioIlS.to consider CMRS
providers in their application of the triggers.5 (Emphasis added.
Thus. the TRO could not be clearer that data regarding CMRS switchiYlg is not relevant to the
state determination of whether there is impa1rment for mass market switching and the data that
the COIIUllission is forcing CMRS providers to supply is likely to have little probative value.
Many Questions Ask for Data That l~ Wireline Specific CUtti is Not Applicable for CMRS
Service
Because the questions arc based on a wircline model of service, which is shYlply not
applicable to CMRS service, Edge Wireless cannot answer many of the switching questions.
CMRS Service May Not Be A Qualifying Ser,,'ice
2 Id.
3 TRO "443 ("We determine that, although the existence ofintcrmodal switehing is a factor to
consider in establishing our unbundling requirements, eurrcnt evidence of deployment does not
presently warrant a finding ofnu impail111ent with regard to local circuit switching.4 TRO ~ 445.
5 ld.
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A qualifying service is defined as a service that competes with a service that has been
traditionally the exclusive or primary domain of the incumbent LECs.6 Given that, as discu.~scd
above. the FCC concluded that CMRS was not yet a substitute for TLEC ~t:rvice and that only
three to five percent of CMRS customer~ use their service as a replacement tor primary fixed
voice wirelil1e services, it is questionab1e whether CMRS service is in direct competition to
ILEC wireline voice services.
Cmrccrns 'Wilh Individual QuestiollJ
~quest No. I As stated above, it is not clear that CMRS carriers provjde a l/ualifyillg
service. Nevertheless, Edge Wireless provides the following information with respect to lhc
switch it utilizes to provide commercial mobile radio setVice in the state or Idaho.
Idaho Switch 948 N. Hamson, Pocatello ID 83204
Reauest No.f: Edge Wireless does not track switch coverage area by wire centers.
CMRS service is generally provided 011 MT A, BT A or MSA wide basis. With its Idaho switch
(or in combination with switches located outside of Idaho), Edge Wireless is able to provide
CMRS switching services for its entire licensed area in which it has operations.
Request No.There are a several problems with this question. Unlike a wircline end
office. mobile switching centers do not have access lines that equate to the DSO leve1. In
addition, unlike wireline service where the number ofcllstO111erS served by a switch is fixed..
CMRS customers arc not tied to an individual mobile switdring center. Because oftht: mobile
nature of CMRS service, Edge Wireless' customers may be served by any number of switches at
any given time, thus making it difficult to state that there are X number ofvoiee customers
served by the switch.
Request No.See response to request No.3 above.
Requcst No.Edge Wireless does not offer business or residential service like a11 TLEC.
It offers mobile service which customers can use for any purpose. Edge Wireless cannot provide
answers to these questiol1s.
Request No.: Edge Wircless does not lease ,my capacity from another carrier in
response to Request No. I.
Request No.See response to request No.3 and Request No.5 above.
;Request No.This question is not applicable to wireless carriers as Edge Wireless
provides commercial mobile radio service.
Request No.This question is not applicable to Edge Wireless. Edge Wireless
provides commercial mobile radio service. In addition, as stated above, edge Wireless does not
obtain switching on a wholesale. lease or resale basis.
(, 47 C.R. * 51.5.
SENT BY: EDGE WIRELESS 5413125860 j UtC-~-O3 2:31~Mj t-'Al:it: ':)/ ':)
ReQuest No.1 0:This question is not applicable to Edge Wireless. Edge Wireless
provides commercial mobile radio service. Edge Wireless does have one limited rescUer in
Idaho. However, Edge Wireless only provides resale as a blmdled package. Edge Wireless does
not sell access to only its mobile switching centers as a wholesale product.
Request No J, 12, and 13:Edge Wireless is a commercial mobile radio service
provider. These questions appear to be directed at CLECs.
Request No. 14:See response to Request No.3 and 5.
RcQuest Nos. 15 . 16. 17. 18. 19 and 20:These questions are not applicable to Edge
Wireless, a provider of commercial mobile radio service in the state of Idaho.
Efficient LOOD MiS!ration:
These questions are not applicable to wireless carriers as they concern changing ftom an
ILEC switch to CLEC facilities.
If you have any questions, please feel free to contact me at 541-312-5430.
Sincerely,
. .
cc:Weldon B. Stutzman
Angel Hawman
Michael VanEckhardt