20041110Final Order No 29629.pdf

Office of the Secretary
Service Date
November 10 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ACCERIS COMMUNICATIONS CORP. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS
SERVICES.
ORDER NO. 29629
CASE NO. ACC-O4-
On June 7, 2004, Acceris Communications Corp. ("Acceris" or "Company ) filed an
Application for a Certificate of Public Convenience and Necessity to provide local exchange
telecommunications services to customers throughout Idaho. Principally located in San Diego
California, Acceris is incorporated in Delaware and is authorized to do business as a foreign
corporation in the State of Idaho. In the Notice of Application and Modified Procedure issued
October 13 , 2004, the Commission solicited comments regarding Acceris s Application. Order
No. 29615. No comments were received other than those submitted by Commission Staff.
Based on the comments, the law and the record, the Commission grants Acceris ' s Application.
THE APPLICATION
Acceris requests authority to provide facilities-based and resold local exchange
intraLA T A interexchange and exchange access services throughout the State of Idaho.
Specifically, the Company intends to serve in the areas of Qwest Corporation and Verizon but
does not intend to serve areas where local exchange companies are eligible for rural exemptions
pursuant to Section 251 of the federal Telecommunications Act of 1996.
The Company plans to provide service mainly utilizing Unbundled Network Elements
Platform (UNE- P) leased or purchased from Qwest or Verizon. The Company proposes to
provide services to business and residential customers.
Although the Company does not maintain an office in Idaho, it does have a registered
in-state agent. Acceris has submitted its management profiles and financials for the period
ending December 31, 2003. Staff has reviewed these documents and, based on those documents
believes the Company is solvent. At this time, the Company does not propose to collect separate
deposits and has not obtained an interconnection agreement in Idaho.
ORDER NO. 29629
Acceris has been granted authority to provide local exchange service in several other
states such as Oregon, California and Wyoming. Acceris also states that it has reviewed the rules
of this Commission and affirms its commitment to abide by them.
ST AFF COMMENTS
Based on its review of Acceris' s Application, Staff believes that the Company s filing
has satisfied all the requirements of the Commission s Rules and Procedural Order No. 26665.
Staff also believes the Company understands and has agreed to comply with the Commission
Rules and requirements. Therefore, Staff recommends approval of the Application for
Certificate of Public Convenience and Necessity.
COMMISSION FINDINGS
Based on the comments, the law and the record, the Commission grants the
Application. When considering an application for a Certificate, the Commission must determine
if the applicant has the necessary qualifications to provide service while still fostering
competition in the local telecommunications market. Based upon our review of the filing and the
record in this case, the Commission finds that Acceris s filing satisfies the requirements of the
Commission s Rules and Procedural Order No. 26665.Id.Thus we approve Acceris' s
Application for a Certificate of Public Convenience and Necessity (and requested waivers) to
allow the Company to provide telecommunications services statewide. This is consistent with
our previous Orders granting statewide authority to provide telecommunications services to
carriers meeting the established requirements.
ORDER
IT IS HEREBY ORDERED that Acceris Communications Corp. is granted a
Certificate of Public Convenience and Necessity to provide basic local exchange services within
the State of Idaho.
THIS IS A FINAL ORDER. Any person interested in this Order or in interlocutory
Orders previously issued in this case may petition for reconsideration within twenty-one (21)
days of the service date of this Order with regard to any matter decided in this Order or in
interlocutory Orders previously issued in this case. Within seven (7) days after any person has
petitioned for reconsideration, any other person may cross-petition for reconsideration. See
Idaho Code 9 61-626.
ORDER NO. 29629
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this /0
t1--
day of November 2004.
PAULKJELL
MARSHA H. SMITH, COMMISSIONER
ATTEST:
J an D. Jewell
Commission Secretary
O:ACCT0401 ln2
ORDER NO. 29629