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HomeMy WebLinkAbout20050110_1053.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER CO MMISSI 0 NER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:KIRA DALE PFISTERER DATE:JANUARY 7, 2005 RE:VCI COMPANY'S PETITION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER. CASE NO. VCI-04- BACKGROUND On September 13 2004, VCI Company (VCI) filed a Petition with the Commission requesting designation as an Eligible Telecommunications Carrier (ETC). VCI holds a certificate as a competitive telecommunications provider in the State of Idaho and provides wire line services primarily through the leasing of unbundled network elements (UNEs) from Qwest Corporation. ETC designation would allow VCI to be eligible for federal universal service support. In the Notice of Application and Modified Procedure issued December 3, 2004, the Commission solicited comments regarding VCl's Petition. Order No. 29652. No comments were received other than those submitted by Commission Staff. THE PE TITI 0 N VCl's Petition for Designation as an Eligible Telecommunications Carrier (Petition) states that VCI will provide service throughout Qwest's territory to Idaho residents qualifying for the Idaho Telecommunications Service Assistance Program (ITSAP). The Petition also provides that VCI advertises these services throughout its service areas in Washington, Oregon, and Wyoming and will do so in Idaho upon ETC approval. According to the Petition, VCI has been designated as an ETC in Washington Oregon, and Wyoming and complies with all Federal Communications Commission (FCC) rules including federal high-cost support regulation. DECISION MEMORANDUM STAFF COMMENTS Based on its review of VCl's Petition and discussions with VCI, Staff believes that VCl's Petition complies with the state and federal requirements for ETC status and is consistent with the public interest, convenience, and necessity. VCI provides the services provided for in the definition of universal service set forth in 47 C.R. 54.101(a) and offers such services using its own facilities or a combination of its own facilities and resale of another carrier s service throughout the service area. In addition, VCI assures Staff that it will advertise the availability of such services, as it does in Washington, Oregon, and Wyoming, and will provide these services to Idaho residents qualifying for the ITSAP. Staff asserts that ETC status for VCI is in the public interest, in large part because VCI will benefit Idaho s ITSAP customers who may not be able to afford a supplemental communications service, such as a cell phone. Moreover, this is a niche market that can benefit from a competitive company. By granting the Petition of VCI, Idaho customers will have an opportunity to choose a competitor in certain Qwest territories. In addition, VCI proposes to waive the subscriber line charge (SLC) for its customers and will use the federal match to offset the SLC, thereby reducing Idaho customers' bills. In light of the foregoing, Staff supports VCl's Petition and recommends that the Commission grant VCI ETC status with the caveat that VCI update, if necessary, all tariff pages that pertain to its service area(s) and offerings currently on file in its Competitive Local Exchange Carrier price list. In addition, the Commission should make clear that, despite granting VCI ETC status , state USF funds are not currently available under Idaho Code 99 62- 610A- COMMISSION DECISION Does the Commission wish to approve VCl's Petition for designation as an ETC? tf). Kira ale Pfisterer M: VCITO40 1- kdp DECISION MEMORANDUM