20100510_2951.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL

DATE: MAY 5, 2010

SUBJECT: AMENDED APPLICATION OF TRACFONE WIRELESS, INC. FOR
DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS
CARRIER IN THE STATE OF IDAHO, CASE NO. TFW-T-09-01

On October 29, 2009, TracFone Wireless, Inc. (“TracFone” or “Company”) filed an
Application, pursuant to Section 214(e)(2) of the Communications Act of 1934, for designation
as an Eligible Telecommunications Carrier (“ETC”). Application at 1. TracFone is seeking ETC
designation solely for the purpose of providing Lifeline service under its trade name SafeLink
Wireless and will not seek funds from the federal Universal Service Fund. Id.
On January 15, 2010, Commission Staff submitted a decision memorandum
recommending that the Commission deny TracFone’s Application. On February 5, 2010, the
Commission issued an Order denying TracFone’s Application. See Order No. 30996.
On March 1, 2010, TracFone filed a Petition for Reconsideration and an Amended
Application for ETC designation. On March 8, 2010, Commission Staff filed an Answer to
TracFone’s Petition. Subsequently, TracFone submitted a letter withdrawing its Petition for
Reconsideration and expressing its support for a process that would facilitate a Staff review and
recommendation regarding its Amended Application within 60 days.
On April 26, 2010, Staff and TracFone filed a Joint Stipulation Regarding First
Production Requests of the Commission Staff.

DECISION MEMORANDUM 2
JOINT STIPULATION
The aforementioned Joint Stipulation filed with the Commission allowed TracFone an
additional seven days in order to respond to Staff’s First Production Requests and contemplates a
seven-day extension of the previously established deadline for comments regarding TracFone’s
Amended Application.
STAFF RECOMMENDATION
Due to the large volume of information requested by Staff from the Company, Staff
agreed in the Joint Stipulation to allow the Company additional time to respond to its Production
Requests. Accordingly, Staff believes that an equivalent extension of the comment period is
warranted in order to allow Staff adequate time to comment on the Company’s extensive
responses.
COMMISSION DECISION
Does the Commission wish to issue an Amended Notice extending the previously
established comment deadline by seven days?

M:TFW-T-09-01_np2