20041108Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:LISA NORDSTROM
DATE:NOVEMBER 4, 2004
RE: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-04-
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.
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.
DECISION MEMORANDUM
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 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 DECISION
Does the Commission wish to approve Acceris Communications Corp.' s Application
for a Certificate of Public Convenience and Necessity?
M: ACCTO40 1 In
DECISION MEMORANDUM