BEFORE THE NEW MEXICO PUBLIC REGULATION
COMMISSION
IN THE MATTER OF THE PETITION OF DISH )
WIRELESS LLC FOR DESIGNATION AS AN )
ELIGIBLE TELECOMMUNICATIONS CARRIER )
IN THE STATE OF NEW MEXICO FOR THE )
LIMITED PURPOSE OF PROVIDING LIFELINE )
SERVICE TO QUALIFYING CUSTOMERS )
Case No. 23-00115-UT
NOTICE OF PROCEEDING AND HEARING
NOTICE is hereby given by the New Mexico Public Regulation Commission (“Commission” or NMPRC) of the following matter:
On April 3, 2023, DISH Wireless L.L.C. (“DISH Wireless”) filed a petition requesting that the Commission designate DISH Wireless as an eligible telecommunications carrier (ETC) in the state of New Mexico (“Petition”). DISH Wireless seeks designation solely to provide federal Lifeline service to qualifying New Mexico consumers, including those consumers residing on federally recognized Tribal lands. DISH Wireless indicates in the petition that it will not seek access to funds from the federal Universal Service Fund (USF) for the purpose of participating in the Link-Up program or providing service to high cost areas.
DISH Wireless L.L.C. is a Colorado limited liability company with a principal address at 9601 S. Meridian Blvd, Englewood, CO 80112. According to the Petition, DISH Wireless provides, among other things, facilities-based and resold wireless telecommunications services in New Mexico and other states, using the Gen Mobile brand name and other brand names. DISH Wireless’ parent company, DISH Network Corporation (“DISH Network”), is a connectivity company headquartered in Colorado that has served the pay-TV market since 1980. In 2020, DISH Wireless entered the retail wireless business by acquiring the Boost Mobile brand and in 2021, acquired the Gen Mobile brand as well as other brands and customer assets. Today, DISH Wireless offers 5G mobile broadband service to more than 70 percent of the U.S. population on the nation’s first virtualized, cloud-native, Open RAN-based 5G broadband network. To facilitate the buildout, DISH Wireless has entered into multi-year agreements with over 30 partners, including Mavenir, Amazon, Dell, CISCO, VM Ware, IBM, Oracle, Nokia, Fujitsu, MTI, Intel, Altiostar, Samsung, and Qualcomm. See Petition, pp. 2-3.
DISH Wireless asserts in the Petition that it meets the statutory and regulatory requirements for designation as an ETC, including Section 214(e)(2) of the Federal Communications Act of 1934, as amended, Sections 54.101 through 54.207 of the Rules of the FCC, and the State Rural Universal Service Fund (SRUSF) Rule under 17.11.10.24 NMAC.
Further information regarding this case can be obtained by contacting the Commission at the internet and physical addresses and telephone numbers provided below. Additional details regarding the procedural requirements for this proceeding are set forth in the Procedural Order issued by the Hearing Examiner on December 15, 2023 (“Procedural Order”). All inquiries, correspondence, written comments, and other communications concerning this matter shall refer to Case No. 23-00115-UT.
As established in the Procedural Order, the present procedural schedule for the case is as follows:
(1) DISH Wireless shall file direct testimony in support of its petition on or before December 29, 2023.
(2) Any person desiring to intervene to become a party (“intervenor”) to this case must file a motion for leave in conformity with NMPRC Rules of Procedure 1.2.2.23(A) and 1.2.2.23(B) NMAC on or before January 31, 2024. All motions for leave to intervene shall be served on all existing parties and other proposed intervenors of record.
(3) Any intervenor may file direct testimony on or before February 9, 2024.
(4) Staff of the NMPRC Utility Division’s Telecommunications Bureau (“Staff”) shall file direct testimony on or before February 27, 2024.
(5) Any rebuttal testimony shall be filed on or before March 15, 2024.
(6) With respect to all but rebuttal testimony (i.e., petitioner direct, intervenor, and Staff testimony) any motions in limine, motions to strike testimony, and other prehearing motions shall be filed on or before March 12, 2024. Responses to such motions shall be filed on or before March 15, 2024.
(7) With respect to rebuttal testimony any motions in limine, motions to strike testimony, and other prehearing motions shall be filed on or before March 19, 2024. Responses to such motions shall be filed on or before March 22, 2024.
(8) The public hearing of this matter shall be held on March 26, 2024 beginning at 10:00 a.m. Mountain Time (MT) to hear and receive evidence, arguments, and any other appropriate matters relevant to this proceeding. The evidentiary hearing will continue, as necessary on March 27, 2024. Based on present conditions and logistical issues, the Hearing Examiner has concluded that it will be necessary to conduct evidentiary hearing via the Zoom videoconference platform. Access to and participation in the evidentiary hearing shall be limited to party-participants (i.e., counsel and witnesses), the Commissioners, and other essential Commission personnel. The Zoom hearing will be livestreamed through YouTube and will be displayed on the Commission’s website at https://www.prc.nm.gov. Persons not participating in the evidentiary hearing as an attorney or witness may view the hearing on the Commission’s website and shall not join the hearing via Zoom except to provide oral comment as allowed below.
(9) Interested persons who are not affiliated with a party may make oral or written comment pursuant to Rule 1.2.2.23(F) NMAC. Oral comment shall be taken at shortly after the beginning of the evidentiary hearing on March 26, 2024 and commenters shall be limited to three (3) minutes per commenter. As part of the public hearing, public comment will be taken via the Zoom platform. Therefore, persons wishing to make an oral comment must register in advance, not later than 9:00 a.m. MT on March 26, 2024, by e-mailing Ana Kippenbrock at [email protected]. Written comments may be submitted before the Commission takes final action by sending the comment, which shall reference NMPRC Case No. 23-00115-UT, to [email protected]. Public comments, whether oral or written, shall not be considered as evidence in this proceeding.
Interested persons should contact the commission at 888-427-5772 for confirmation of the hearing date, time and place since hearings are occasionally rescheduled or, if deemed not required or necessary, canceled at the discretion of the Hearing Examiner or Commissioners.
The procedural dates and requirements established by the Hearing Examiner are subject to further order or ruling of the Hearing Examiner or Commission. The Commission’s Rules of Procedure, at 1.2.2.1 NMAC et seq., shall apply in this case except as modified or varied by order of the Hearing Examiner or Commission. The Rules of Procedure and other NMPRC rules are available online at the New Mexico Commission of Public Records’ State Records Center and Archives website at http://www.scra.nm.gov/nmac-home/nmac-titles.
Interested persons may examine DISH Wireless’ petition and other documents in the public record for this case on the Commission’s website under “Case Lookup E-docket” at https://edocket.nmprc.state.nm.us.
Anyone filing pleadings, documents, or testimony in this case shall comply with the Commission’s electronic filing policy, as amended from time to time. This includes filings in .pdf format, with electronic signatures, sent to the Records Bureau’s e-mail address, as set out in the Commission’s procedural rules at: [email protected], or another Records Bureau address as set out on the Commission’s webpage, within regular business hours of the due date in order to be considered timely filed. Documents received after regular business hours will be considered as being filed the next business day. Regular business hours are from 8:00 a.m. to 5:00 .m. MT. Parties shall serve a copy on all parties of record and Staff. All filings shall be e-mailed by no later than 5:00 p.m.MT on the date they are filed with the Commission.
Any person filing prepared testimony under 1.2.2.35(I) NMAC on behalf of a party shall attend the hearing and submit to examination under oath. No person shall testify at the hearing unless that person has pre-filed testimony.
All documents mailed to the Commission and its personnel shall be mailed to the following address: P.O. Box 1269, Santa Fe, New Mexico, 87504.
All filings shall be e-mailed to the Hearing Examiner on the date filed at [email protected] by no later than 5:00 p.m. MT. Such e-mailing shall include the Word or other native version of the filing (e.g., Excel or Power Point) if created in such format. Any filings not e-mailed to the Hearing Examiner in compliance with the requirements of this Order and Commission rules are subject to being summarily rejected and stricken from the record in the Hearing Examiner’s discretion.
PERSONS WITH DISABILITIES
ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE COMMISSION AT (505) 467-9116 OR (505) 690-4191 TO REQUEST SUCH ASSISTANCE AS SOON AS POSSIBLE, PREFERABLY AS SOON AS THE PERSON RECEIVES NOTICE OF THIS PROCEEDING TO ALLOW CONSIDERATION OF THE REQUEST AND TO ARRANGE FOR A POTENTIAL REASONABLE ACCOMMODATION.
ISSUED under the Seal of the Commission at Santa Fe, New Mexico this 15th day of December 2023.
NEW MEXICO PUBLIC REGULATION COMMISSION
Anthony F. Medeiros
Chief Hearing Examiner
Published in the Valencia County News-Bulletin December 21, 2023
The Valencia County News-Bulletin is a locally owned and operated community newspaper, dedicated to serving Valencia County since 1910 through the highest journalistic and professional business standards. The VCNB is published weekly on Thursdays, including holidays both in print and online.
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April 25, 2024
