20040517_843.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:JOHN HAMMOND
DATE:MAY 2004
SUBJECT:IN THE MATTER THE APPLICATION OF WWC HOLDING CO., INC.
DBA CELLULARONE~ FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER. CASE NO. WST-04-
On March 26, 2004, the Commission received an Application from WWC Holding
Co., Inc. dba CellularOne ("Western Wireless ) requesting that the Commission designate them
as a eligible telecommunications carrier ("ETC") for service areas in Idaho that are currently
being served by other ETCs. See 47 U.C. ~ 214(e)(2). Western Wireless represents it is not
seeking designation as an ETC for the purposes of receiving support from the Idaho Universal
Service Fund. See Idaho Code ~ 62-610 et seq.
On April 22, 2004, the Idaho Telephone Association ("ITA") filed a Petition to
Intervene in any proceeding concerning Western Wireless s Application.
BACKGROUND
The Application states that since 1992 Western Wireless has provided
telecommunications services to rural communities in the western United States. The Company
states it provides commercial mobile radio services ("CMRS") under the "CellularOne" national
brand name to more than 1.2 million subscribers in 19 states west of the Mississippi River.
W estern Wireless alleges it owns cellular licenses covering approximately 30% of the land and
2% of the population of the continental United States. The Company also claims that a vast
majority of its service area has a population density of 11 people per square mile. Accordingly,
Western Wireless contends it is uniquely situated to provide state-of-the-art telecommunications
services to rural customers.
DECISION MEMORANDUM
Western Wireless states the Federal Communications Commission has regulatory
jurisdiction over the Company s provision of CMRS in all states where it provides service. The
Company contends it provides analog and digital mobile telephony, data/facsimile, 911 , voice
mail and other features and services in Idaho.
Western Wireless asserts it is licensed to provide and provides wireless
telecommunications services to the entire study area of Farmers Mutual Telephone Company and
the entirety of the following wire centers of Qwest Corporation:
Emmett
New Plymouth
Weiser
EMMTID MA
NPMOIDMA
WESRIDMA
Western Wireless states that Cambridge Telephone Co., Citizens Telecom of Idaho
and Midvale Telephone Exchange study areas do not correspond identically with its licensed
coverage area or existing signal coverage in Idaho. In addition, Western Wireless seeks ETC
designation in certain Qwest northern Idaho wirecenters that are operated by an entity that meets
the definition of a rural telephone company. As a result Western Wireless requests that the
Commission redefine the service area for these areas from the study area to the wire center level
pursuant to 47 C.R. ~ 54.207, to enable the Company to meet the ETC requirements under 47
U. S. C. ~ 214( e ). The associated wire centers are contained in Attachment 2 to Western
Wireless s Application.
Western Wireless contends the Commission should grant its Application because it
meets all requirements to be designated as an ETC pursuant to federal authorities. Specifically,
Western Wireless asserts it is a common carrier, provides the supported services and will meet
all service and advertising obligations of an ETC. In addition, Western Wireless contends that in
areas served by rural telephone companies, the Company s ETC designation will serve the public
interest.
STAFF RECOMMENDATION
The designation of multiple ETCs in any area (non-rural or rural), including wireless
carriers, and the associated impacts this designation might have on universal service support has
DECISION MEMORANDUM
received significant national attention and remains under consideration at the FCC.Staff
understands that prior to designation as an ETC this Commission must consider several factors
prior to granting this status to the requesting telecommunications company. At this time Staff
believes that Western Wireless s Application can be addressed by using Modified Procedure
(processing by written comments) under the Commission s Rules of Procedure.However
depending on how proceedings surrounding these filings develop, Staff reserves its right to
request further procedure to handle these matters should the need arise. In addition, any
intervening party may also request further procedures for the Commission to consider this
Application.
Staff recommends that the Commission issue a Notice of Application and Modified
Procedure with a 28-day period for interested persons and parties to submit written comments.
Staff also recommends that the Commission establish a 14-day deadline in this Notice for the
purposes of filing petitions to intervene and objections to the use of Modified Procedure to
process this case along with a request for an evidentiary hearing.
Finally, Staff recommends that the Commission grant the Idaho Telephone
Association s Petition to Intervene.
COMMISSION DECISION
Does the Commission wish to process Western Wireless s Application by Modified
Procedure?
If so, does the Commission wish to issue a Notice of Application and Notice of
Modified Procedure that would establish the filing deadlines as described by Staff above?
Does the Commission wish to grant the Idaho Telephone Association s Petition to
Intervene in this proceeding?
M: WSTTO40 l.Jh
1 Public Notice Federal-State Joint Board on Universal Service Seeks Comment on Certain of the Commission
Rules Relating to High Cost Universal Service Support and the ETC Designation Process. CC Docket No. 96-45.
Re al. February 7 2003.
DECISION MEMORANDUM