200312101st Response of Cricket Comm.pdf

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ANCHORAGE BELLEVUE HONOLULU LOS ANGELES NEW YORK PORTLAND SAN FRANCISCO SEATTLE SHANGHAI WASHINGTON, D. C.
MICHAEL VAN ECKHARDT
DIRECT [phone]
mi c hae! v an e c kha rd t((!) dw t. com
2600 CENTURY SQUARE
1501 FOURTH AVENUE
SEATTLE , WA 98101-1688
TEL [phone]
FAX [phone]
www.dwt.com
December 5 , 2003
Via Facsimile 208-334-3762
And u.S. Postal Service Express Mail
Jean D. Jewell
Office of the Secretary
Idaho Public Utilities Commission
O. Box 83720
Boise, Idaho 83720-0074
Re: First Production Request of the Commission Staff to Wireless Companies 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:
I write to you as counsel for Cricket Communications ("Cricket") in connection with the above-
referenced docket In the spirit of cooperation with the Idaho Public Utilities Commission (the
Commission ), Cricket has attempted to provide responses to the relevant switching questions; however
Cricket has global concerns regarding the request as a whole and specific concerns with respect to
individual questions.
As an initial matter, Cricket would like to observe that the Commercial Mobile Radio Service ("CMRS"
providers from whom the information is sought are beyond the scope of the Commission s jurisdictional
reach pursuant to Idaho Code ~ 61-121. And while Cricket appreciates the formidable task faced by the
Commission in meeting the requirements of the Federal Communication Commission s ("FCC"
Triennial Review Order, Cricket respectfully disagrees with Commission s decision to require CMRS
providers to participate in this stage of the proceeding.
Cricket believes that the types of data requested of CMRS providers in the First Data Request are not
relevant to the Commission s impairment analysis. The FCC explicitly found that it did "not expect state
commissions to consider CMRS providers in their application of the triggers" since "CMRS does not yet
equal traditional incumbent LEC services in its quality, its ability to handle data traffic, its ubiquity, and
its ability to provide broadband services to the mass market' In other words , CMRS is not an intermodal
alternative for these purposes.
Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers CC Docket
No. 01-338; Implementation of the Local Competitive Provisions of the Telecommunications Act of 1996
SEA 1439903v1 52215-752
Jean D. Jewell
December 5, 2003
Page 2
Other jurisdictions, notably the Public Utilities Commission of Ohio, have come to a similar conclusion
and therefore excluded CMRS, at least for the time being, from their data requests issued per the Triennial
Review Order. Cricket respectfully suggests that the Commission reconsider its current position on the
necessity for CMRS providers to participate in this stage of the proceeding and adopt the posture taken by
the Ohio Commission.
In addition, it is unclear if CMRS provides "qualifying service" as that term is defined at 47 c.F .
~ 51.5. Moreover, almost all of the requests for production are premised on concepts that may make
sense in the context of wireline networks or are otherwise irrelevant. Accordingly, many of the requests
for production are not applicable to CMRS carriers such as Cricket and no responses to these requests can
be made at this time.
With respect to Request No., it is not clear that CMRS carriers provide a qualifying service. In any
event, Cricket does own one Mobile Switching Center in the Boise area that it utilizes to provide
commercial mobile radio service in the Boise market. It utilizes capacity from its Spokane, Washington
Mobile Switching Center to provide service in its Coeur D' Alene , Idaho market.
Spokane Location:
157 S Howard St #600
Spokane, WA 99210
Boise Location:
10215 W Emerald, Bldg C, Suite 100
Boise 83704
In response to Request Nos. 6 and 9 , Cricket does not lease any capacity from another carrier, whether on
a wholesale, lease or resale basis
If you should have any further questions in this matter, please do not hesitate to contact Laurie Itkin at
[phone]. Thank you for your consideration and assistance in this matter.
Very truly yours
Davis Wright Tremaine LLP
\N~ ~\
Michael van Eckhardt
cc:Weldon Stutzman, Deputy Attorney General
Ec: Laurie Itkin
Docket No. 96-98; and Deployment of Wireline Services Offering Advanced Telecommunications Capability,
Docket No. 98-1147, FCC 03-36 (released August 21 2003) at fn 1549.
SEA 1439903v1 52215-752