20070730_2004.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:NEIL PRICE
DATE:JULY 25, 2007
SUBJECT:APPLICATION OF EL TOPIA COMMUNICATIONS, LLC FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; CASE
NO. ECL-07-
On June 6, 2007, Eltopia Communications, LLC ("Eltopia ) filed an Application for
a Certificate of Public Convenience and Necessity to provide basic local exchange service
throughout the State of Idaho pursuant to Commission Order No. 26665. Eltopia states that it
has adopted the terms of the Interconnection Agreement between Northwest Telephone, Inc. and
Verizon Northwest Inc. and that Verizon filed the adoption agreement in 2007. Application at 5.
THE APPLICATION
Eltopia is a Washington corporation and lists its principal place of business as
Eltopia, Washington. Id. at 2. The Company is registered with the Idaho Secretary of State as a
limited liability company and lists Registered Agent Solutions, Inc., 5481 Kendall Street, Boise
Idaho, 83706, as its Idaho registered agent. Id.
Eltopia states that it has provided wholesale communications services within the
State of Washington since 2006 and that the Company specializes in offering "a variety of
services built on TDM to IP conversion " including dial-up Internet, Fax over IP and Voice over
, to regional Internet service providers. Id. Initially, the Company intends to offer the same
services in Idaho and later expand to offer Voice over IP services to retail and business
customers. Id.
Eltopia claims that its service territory within Idaho will initially include northern
Idaho, including Boundary, Bonner, Kootenai, Benewah and Shoshone counties. Id. at 4. Its
services will "coincide with that of Verizon Northwest, Inc s Coeur d' Alene tandem " with the
DECISION MEMORANDUM
exception of its Voice over IP services which "do not have a defined 'Service Territory' as they
are largely interstate services in nature.Id. Thus, the Company asserts that it cannot accurately
state whom it will compete with in regards to its Voice over IP services. Id.
STAFF RECOMMENDATION
Staff has reviewed Eltopia s Application and recommends that it be processed by
Modified Procedure.
COMMISSION DECISION
Should the Application of Eltopia for a Certificate of Public Convenience and
Necessity be processed by Modified Procedure?
At~~
il Price
M:ECL-O7-
DECISION MEMORANDUM