20041103Comments.pdf

,....,
r- 1'- !l /t- rd::. Cd:' i '1 r..r~.i Xi
LISA D. NORDSTROM
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX S-J 720
BOISE, rnAHO 83720-0074
[phone]
IDAHO BAR NO. 5733
Ii_(~1
200'1 NOY - 3 ?1f"i 11:
.. ". - , ,-- - .. -;;) "
U rUDLi,,_
UTIL IT!ES GOf")i~lISSION
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
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.
CASE NO. ACC-O4-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Lisa D. Nordstrom, Deputy Attorney General, submits the following
comments in response to the Notice of Application and Notice of Modified Procedure, Order No.
29615 , issued on October 13, 2004.
BACKGROUND
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
Californi~, Acceris is incorporated in Delaware and is authorized to do business as a foreign
corporation in the State of Idaho.
Acceris requests authority to provide facilities-based and resold local exchange
intraLA T A interexchange and exchange access servIces throughout the State of Idaho.
ST AFF COMMENTS NOVEMBER 3 , 2004
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.
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.
STAFF RECOMMENDATION
Staff has reviewed the Application submitted by Acceris and believes the Company
understands and agrees to comply with the Commission s rules and requirements. Based on this
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. Therefore, Staff
recommends approval of the Application for Certificate of Public Convenience and Necessity.
Respectfully submitted this
(..
day of November 2004.
,fJ.
Lisa D. Nordstrom
Deputy Attorney General
Technical Staff: Doug Cooley
umisc/comments/acctO4.11ndc
ST AFF COMMENTS NOVEMBER 3 , 2004
CERTIFICA TE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 3RD DAY OF NOVEMBER 2004
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. ACC-04-, BY MAILING A COpy THEREOF POSTAGE PREPAID
TO THE FOLLOWING:
LANCE JM STEINHART PC
ATTORNEY AT LA W
SUITE 250
1720 WINDWARD CONCOURSE
ALPHARETT A GA 30005
SECRET
CERTIFICATE OF SERVICE