20040504Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:WAYNE HART
DATE:APRIL 22, 2004
RE:IN THE MATTER OF THE APPLICATION OF ACN COMMUNICATION
SERVICES, INc. FOR A CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOM-
MUNICATIONS SERVICES; CASE NO. ACN-04-
On January 8, 2004, ACN Communication Services, Inc. (ACN; Company) filed an
Application for a Certificate of Public Convenience and Necessity to provide facilities-based and
resold competitive local exchange and interexchange services within the State of Idaho. On
February 19 2004, Order No. 29427, the Commission solicited comments regarding ACN'
Application. No comments were received other than those submitted by Commission Staff.
THE APPLICATION
The Application indicated ACN intended to provide basic resold and facilities based local
exchange services to both residential and business customers. The Company would initially
provide services primarily via the unbundled network element platform (UNE-P). The
Application indicated the Company s primary market is residential customers. The Application
indicated the Company would initially provide service in the area currently served by Qwest.
ST AFF COMMENTS
ACN is a telecommunications company that has been providing long distance services
nationwide, including Idaho. The Application indicated the Company was authorized to provide
local exchange service in over 20 states and had in excess of 30 000 residential customers.
DECISION MEMORANDUM - 1 -APRIL 22, 2004
ACN is incorporated in the State of Michigan with headquarters located in Farmington
Hills, Michigan. The Company has filed copies of its Certificate of Authority issued by the
Idaho Secretary of State.
Staff has reviewed the information provided by ACN in its Application and believes it
satisfies the requirements of Commission Rule 111 , IDAPA 31.01.01.111 , and Procedural Order
No. 26665 issued November 7, 1996, which set out the necessary information to be included
with an Application for a certificate.
The Application included resumes of key individuals that indicated extensive experience
in the telecommunications field. The Application included confidential financial information
that indicated the Company was in a relatively strong financial position, considering the
downturn in the telecommunications industry. Staff is satisfied that the Company has the
technical, managerial and financial strength to provide the services identified in the Application.
ACN specifically indicated in its Application it will comply with all Commission rules.
It has provided an illustrative tariff with its Application that demonstrates an understanding of
tariff requirements and processes.
In light of the foregoing, Staff recommends that a Certificate of Public Convenience and
Necessity to provide competitive local exchange service in Idaho be issued to ACN.
COMMISSION DECISION
Does the Commission wish to approve ACN Communications Services, Inc.'s
Application for a Certificate of Public Convenience and Necessity?
i:udmemos/acntO4.1 CPCNAppDM
DECISION MEMORANDUM - 2-APRIL 22, 2004