20110304TFW Objections to Joint Requests.pdf

McDevitt & Miller LLP
Lawyers
[phone]
[phone] (Fax)
420 W. Bannock Street
P.O. Box 2564.83701
Boise, Idaho 83702
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Chas. F. McDevitt
iOUtiAR -4 Pr; :beUU. (Joe) Miler
March 4, 2011
Via Hand Delivery
Jean Jewell, Secreta
Idaho Public Utities Commssion
472 W. Washigton St.
Boise, Idaho 83720
Re: In the Matter of the Application of TracFone Wireless
TFW- T -09-01
Dear Ms. Jewell:
Enclosed for fig, please fid thee (3) copies of TracFone Wireless, Inco's Objections to First Joint
Production Request of Idaho Telecom Alce and CTC Telecom, Inc d/ba/ CTC Wireless.
Kidly retu a fie staped copy to me.
Very Truy Yours,
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Encl.
COpy
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Dean J. Miler (lSB No. 1968)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
joe!$rncdevitt-miler.com
"fin t~ì'P\R..4 ?t,3: \llLUi 1 ' f
Mitchell F. Brecher
Debra McGuire Mercer
GREENBERG TRAURIG, LLP
2101 L Street, NW, Suite 1000
Washington, D.C. 20037
Tel: [phone]
Fax: [phone]
brecherm!$gtlaw.com
mercerdm!$gtlaw.com
Attorneys for TracFone Wireless, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF TRACFONE WIRELESS, INC. FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARER.
) CASE NO. TFW-T-09-01
)
) TRACFONE WIRELESS, INC.'S
) OBJECTIONS TO FIRST JOINT
) PRODUCTION REQUEST OF
) THE IDAHO TELECOM
) ALLIANCE AND CTC
) TELECOM, INC. DBA CTC
) WIRELESS
Pursuat to IDAPA 31.01.01.225.03, TracFone Wireless, Inc. ("TracFone") files the
following objections to the First Joint Production Request of the Idaho Telecom Allance and
CTC Telecom, Inc. dba CTC Wireless.
REQUEST NO.2. Please provide fmancial statements and related footnotes for the years
ending 2010, 2009 and 2008 (audited ü available).
Objection: TracFone objects to this request to the extent that it seeks information that is
not relevant to the determination of whether TracFone meets the federal requiements of 47
U.S.C. § 214(e)(1) and (2) for designation as an ETC or the Idaho requirements for designation
as an ETC contained in the Appendix to In the Matter of the Application of WWC Holding Co.,
Inc. DBA Cellu1ar-One~ Seeking Designation as an Eligible Telecommunications Carer That
May Receive Federal Universal Service Support, Order No. 29841, Case No. WST-T-05-1
(Idao Pub. Utilties Comm'n: August 4, 2005) ("ETC Checklist"). Without waiving its
objection, states that it is 98.2 percent owned by America Movi1, the four largest mobile
telecommuncations company in the world. America Movil is publicly traded and its financial
statements are available on its website at ww.amerIcamovi1.com.
REQUEST NO.3. Please provide total TracFone and Idaho-specifc revenues by type or
source for the years 2010, 2009 and 2008.
Objection: TracFone objects to ths request to the extent that it seeks information that is not
relevant to the determination of whether TracFone meets the federal requirements of 47 U.S.C. §
214( e)(1) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
designation as an ETC.
REQUEST NO.4. Please provide the total amounts of Federal low income support
received for the years 2010, 2009 and 2008.
Objection: TracFone objects to ths request to the extent that it seeks information that is not
relevant to the determination of whether TracFone meets the federal requirements of 47 U.S.C. §
214( e)(1) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
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designation as an ETC. TracFone fuher objects to this request to the extent that it seeks
information that is publicly available.
REQUEST NO. 6. Please provide total TracFone and Idaho-specific operatig expenses by
type of expenditure for the years 2010, 2009 and 2008.
Objection: TracFone objects to this request to the extent that it seeks inormation that is not
relevant to the determination of whether TracFone meets the federal requirements of 47 U.S.C. §
214(e)(1) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklistfor
designation as an ETC. TracFone does not disaggregate its operating expenses for Idaho or for
any other state and it is not required to do so.
REQUEST NO.7. Please provide any business plans, budgets or forecasts completed in the
past three years. Please provide any margin analysis or related studies showing
profitabilty by product or service.
Objection: TracFone objects to this request to the extent that it seeks information tht is not
relevant to the determnation of whether TracFone meets the federal requirements of 47 U.S.C. §
214( e )(1) and (2) for designation as an ETC or the Idao requirements in the ETC Checklist for
designation as an ETC. Without waiving its objection, TracFone states tht it will provide a
response to Request No. 21,. which requests the number of eligible low income customers
TracFone forecasts it will obtan in the first thee years of service.
REQUEST NO. 10. Please provide the average cost of the handsets TracFone provides for
free to Lüeline customers.
Objection: TracFone objects to ths request to the extent that it seeks information that is not
relevant to the determination of whether TracFone meets the federal requirements of 47 U.S.C. §
214( e)(1) and (2) for designation as an ETC or the Idao requirements in the ETC Checklist for
designation as an ETC. Moreover, the handsets are not fuded or subsidized by the federal
Universal Service Fund; their costs are borne entirely by TracFone.
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REQUEST NO. 14. Please provide the copies of the reseller's agreements or contracts with
T-Mobile and Verion Wireless.
Objection: TracFone objects to ths request to the extent that it seekS inormation that is not
relevant to the determination of whether TracFone meets the federal requirements of47 U.S.C. §
214(e)(1) and (2) for designation as an ETC or the Idao requirements in the ETC Checklist for
designation as an ETC. Furermore, those agreements contain confdentiality provisions which
preclude production of them without the other companies' consent. In addition, those
agreements are the result of ar's lengt negotiations between TracFone and those carers and
",
are not subject to regulation at either the state or federal leveL.
REQUEST NO. 15. Please provide the total amounts paid to the above-referenced carriers
for services provided in 2010, 2009 and 2008.
Objection: TracFone objects to ths request to the extent that it seeks inormation that is not
relevant to the determination of whether TracFone meets the federa requirements of 47 U.RC. §
214(e)(1) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
designation as an ETC. TracF one fuer states that it is unable to determine which portion of
the amounts paid to carers is for Idaho intrastate service.
REQUEST NO. 16. Does TracFone provide or receive services from any affiliated
interests, including its parent company or other subsidiaries? If so, disclose the nature of
those services and their related costs. Please provide a copy of any management services
agreements.
Objection: TracFone objects to this request to the extent that it seeks inormation that is not
relevant to the determination of whether TracFone meets the federal requirements of 47 U.S.C. §
214( e)(1) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
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designation as an ETC. Without waiving its objection, TracFone will identify affliated entities
that provide services to TracFone.
REQUEST NO. 17. How many customers did TracFone serve in Idaho at the end of 2010?
What was the average revenue per customer per month?
Objection: TracFone objects to this request to the extent that it seeks inormation that is not
relevant to the determination of whether TracFone meets the federal requirements of 47 U.S.C. §
214( e)(1) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
designation as an ETC. Without waiving its objection, TracFone wil provide the number of
customers it served in Idaho at the end of2010.
REQUEST NO. 18. At the end of 2010, how many total customers did TracFone serve?
What was the average revenue per customer per month? .
Objection: TracFone objects to ths request to the extent that it seeks information that is not
relevant to the determination of whether TracFone meets the federal requirements of 47 U.S.c. §
214(e)(1) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
designation as an ETC. TracFone fuher objects that the requests does not seek inormation that
is related to Idaho. Without waiving its objection, TracFone will provide number of customers at
the end of201O.
REQUEST NO. 19. At the end of 2010, how many SafeLink customers did TracFone
serve? What was the amount of average low income support per customer, per month?
What was the average revenue per customer per month, excluding low income support?
Objection: TracFone objects to this request to the extent that it seeks inormation that is not
relevant to the determination of whether TracFone meets the federal requirements of47 U.S.C. §
214(e)(1) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
designation as an ETC. TracFone fuher objects that the requests does not seek information that
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is related to Idaho. Without waiving its objection, TraFone will provide number of customers at
the end of2010 and the average low income support per customer per month.
REQUEST NO. 22. What is TracFone's customer chum rate in total and for SafeLink
customers?
Objection: TracFone objects to ths request to the extent that it seeks inormation that is not
relevant to the determination of whether TracFone meets the federal requirements of 47 U.S.C. §
214( e)(1) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
designation as an ETC. TracFone fuer objects to ths request because the term "chur rate" is
vague. It fuher objects to ths request on the grounds tht the term "chur rate" is not dermed
or explained and is inherently vague. Without waiving its objection, and afer receiving
clarification as to the intended meanng of the term "chum rate," TracFone will provide a
response to the extent the request relates to Tracrone's Lifeline servce.
REQUEST NO. 24. What measures does TracFone use to monitor quality of service?
Provide copies of any internal management reports showing this information for the past
three (3) years.
Objection: TracFone objects to this request to the extent that it seeks information that is not
relevant to the determination of whether TracFone meets the federal requiements of 47 U.S.C. §
214(e)(l) and (2) for designation as an ETC or the Idao requiments in the ETC Checklist for
designation as an ETC. Without waiving its objection, TracFone will provide a list of criteria
TracFone uses to monitor quality of servce.
REQUEST NO. 33. Please explain TracFone's internal procedures for verifying the data
provided on its customers' enrollment forms and please provide all related procedural
documents.
Objection: TracFone objects to ths request to the extent that it seeks inormation that is not
relevant to the determination of whether TracFone meets the federal requirements of47 U.S.C. §
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214(e)(l) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
designation as an ETC. Without waiving its objection, TracFone will provide an explantion of
its procedures for verifying the data provided on its customers' enrollment forms.
REQUEST NO. 34. To the extent TracFone uses third-part vendors to perform all or any
porton of its enrollment form verification, please identify any such third-part vendors
and please provide documentation detailing the number of applications that havebeeD
rejected as a result of this verification process for each calendar year that TracFone has
been offering Lifeline subsidized cell phone service.
Objection: TracFone objects to ths request to the extent that it seeks information that is not
relevant to the determation of whether TracFone meets the federal requirements of 47 U.S.C. §
214(e)(l) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklistfor
designation as an ETC. Without waiving its objection, TracFone will identify any thd-pary
vendors it uses to perform enrollment form verification.
REQUEST NO. 35. Please explain TracFone's internal procedures for verifyng that any
third-part vendors it uses for enrollment verification are accurately verifyg enrollent
data and please provide all related procedural documents.
Objection: TracFone objects to this request to the extent that it seeks information that is not
relevant to the determination of whether TracFone meets the federal requiements of 47 U.S.C. §
214(e)(l) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
designation as an ETC. Without waiving its objection, TracFone will identify third-par
vendors it uses to verify enrollment data.
REQUEST NO. 47. Please explain how TracFone wil determine the "effectiveness" of its
$0.10 per additional airtime minutes offerings in South Carolia and Washington (and any
other state where such a program is offered) prior to deciding whether to make that
offering to its Lifeline customers in aU states.
Objection: TracFone objects to this request to the extent that it seeks information that is not
relevant to the determination of whether TracFone meets the federal requiements of 47 U.S.C. §
214(e)(1) and (2) for designation as an ETC or the Idaho requirements in the ETC Checklist for
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designation as an ETC. Without waivig its objection, TracFone states that in Idaho it will offer
SafeLin Wireless~ customers additional aiime miutes at a rate of $0.1 0 per minute.
DATED ths l. ~ay of March, 2011.
MCDEVITT & MILLER, LLP
BY~~-=
De~ m; (lSB No. 19(8)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. BOX 2564-83701
Boise, Idaho.83702
Tel: [phone]
Fax: [phone]
joe~mcdevitt-mi1er .com
Mitchell F. Brecher
Debra McGuire Mercer
GREENBERG TRAURG, LLP
2101 L Street, NW, Suite 1000
Washigton, D.C. 20037
Tel: [phone]
Fax: [phone]
brecherm!$gtlaw.com
mercerdm~gtlaw.com
Attorneys for TracFone Wireless, Inc.
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l'
CERTIFICATE OF SERVICE
I hereby certify that on the tj:f"day of March, 2011, I caused to be served, via the
methodes) indicated below, tre and correct copies of the foregoing document, upon:
Jean Jewell, Secreta
Idaho Public Utilties Commission
4 72 West Washington Street
P.O. Box 83720
Boise, ID 83720-0074
jjeweiirmpuc.state.id. us
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
Neil Price, Esq.
Idaho Public Utilties Commssion
472 West Washington Street
P.O. Box 83720
Boise,ID 83720-0074
N eil.Pricerguc.idaho. gov
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Email
Molly O'Lear, Esq.
Richardson & O'Lear, PLLC
P.O. Box 7218
Boise, ID 83707
mollyrmrichardsonandolear.com
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Cynthia A. Meli1o,.Esq.
Givens Pursley LLP
601 N. Banock Street
P.O. Box 2720
Boise,ID 83701
camrmgivenspursley.com
By:æ:t~
McDEVITT MILLER LLP
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