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HomeMy WebLinkAbout20131015_4200.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER REDFORD COMMISSIONER SMITH COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: NEIL PRICE DEPUTY ATTORNEY GENERAL DATE: OCTOBER 11, 2013 SUBJECT: APPLICATION OF INLAND CELLULAR LLC FOR CONDITIONAL EXPANSION OF ITS DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER, CASE NO. INC-T-13-01 On October 4, 2013, Inland Cellular LLC (“Inland” or “Company”), a subsidiary of Inland Cellular Telephone Corporation (“ICTC”), filed an Application for conditional expansion of its ETC status in Idaho. The Commission previously granted ETC status to ICTC in Order No. 30212. THE APPLICATION Inland notes that the Commission granted ETC status to ICTC in specified non-rural wire centers in Idaho (“ETC Area”). Inland requests that the Commission grant a conditional expansion of Inland’s ETC Area to include areas outside its existing ETC Area for the purposes of establishing eligibility to participate in the Tribal Mobility Fund Phase I auction to be held by the Federal Communications Commission (“FCC”) on December 19, 2013 (“Auction 902”). Inland states that in order to participate in Auction 902, an applicant must be designated as an ETC for the areas on which it wishes to bid for Tribal Mobility Fund Phase I support at the time it submits its Short Form Application. Inland notes that the deadline for Short Form Applications was scheduled for October 9, 2013. However, subsequent conversations with representatives of the Company revealed that the Company believes this deadline will be pushed back due to the current “federal government shutdown.” Inland is a Washington corporation, authorized to do business in the State of Idaho, with its business offices located in Roslyn, Washington. Inland states that the Tribal Mobility Fund DECISION MEMORANDUM 2 Phase I, Auction 902, will award one-time support to carriers that commit to provide 3G or better mobile voice and broadband services to Tribal lands, specific census tracts and census blocks, that have been identified by the FCC as lacking such services. Support will be allocated to maximize the population covered by new mobile services. Inland says that Auction 902 will make the award of funds through reverse competitive bidding; the winning bidder complying with all requirements of an ETC and covering 75% or more of the population associated with the eligible blocks in each bidding area for which it receives funds. Inland states that it continues to meet the minimum eligibility requirements for designation as an ETC in Idaho including, but not limited to: common carrier status; offers services supported by federal universal service support mechanisms; utilizes its own facilities to provide the supported services; provides the supported services throughout its designated service area; advertises the availability of its universal service offerings and charges for such offerings using media of general distribution; makes Lifeline service available to qualifying low-income consumers; and meets additional application requirements as required. Inland believes that granting its Application for conditional expansion of its ETC service area to include census blocks outside its existing ETC Area is in the public interest. Inland asserts that Tribal Mobility Fund Phase I support will allow the Company to provide Tribal consumers with competitive pricing, new services, a higher level of service quality, and great customer service. In addition to the conditional expansion of its ETC status prayed for above, the Company requests that the Commission send the appropriate notice of its Order designating Inland as an ETC for census tracts and/or census blocks outside its existing ETC Area to the FCC and Universal Service Administrative Company, and such other relief as appropriate. COMMISSION DECISION Does the Commission wish to process Inland’s Application for conditional expansion of its current ETC designation through Modified Procedure with a corresponding 21-day comment period? M:INC-T-13-01_np