20071121final_order_no_30465.pdf

Office of the Secretary
Service Date
November 21 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF AMERICAN FIBER SYSTEMS, INc. TO
TRANSFER CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY NO. 427
FROM IDACOMM, INC. TO AMERICAN
FIBER SYSTEMS, INc.
ORDER NO. 30465
CASE NO. AFS-07-
On October 11 , 2007, American Fiber Systems, Inc. filed an Application seeking the
Commission s authorization for the transfer of Certificate of Public Convenience and Necessity
No. 427 held by Idacomm, Inc. ("Idacomm ) to American Fiber Systems, Inc. ("AFS"). On
November 8 , 2007, AFS filed a Revised Application containing a revised signature page and a
revised Schedule of General Regulations for Exchange Services Applying to Local Exchange
Services and Facilities containing price lists and customer billing information.
THE APPLICATION
AFS is a Delaware corporation and lists its principal place of business as Rochester
New York. The Company is registered with the Idaho Secretary of State as a general business
corporation and lists CT Corporation System, 1111 West Jefferson, Suite 530, Boise, Idaho
83702, as its Idaho registered agent for service.
On March 15 , 2004, Idacomm submitted an Application for a Certificate of Public
Convenience and Necessity. Case No. IZ2-04-01. On May 11 , 2004, the Commission issued
Order No. 29494 approving Idacomm s Application. On February 23, 2007, AFS acquired
Idacomm by purchasing 100% of its capital stock from Idacomm s parent company, Idacorp Inc.
On January 1 , 2008, AFS intends to "merge its wholly owned subsidiary Idacomm into itself
with AFS to be the surviving entity." AFS states that the transfer of Idacomm s Certificate is a
necessary component of this planned merger.
Currently, AFS operates as a fiber-based telecommunications provider.The
Company provides "fiber connectivity for data, internet access and voice services to wire line
carriers, internet service providers and large enterprise customers.It operates networks in
Kansas, Ohio, Minnesota, Missouri, Tennessee and Utah and, through its affiliate
, "
provides
facilities-based and resold local telecommunications services to enterprise and small business
customers." AFS acknowledges its obligation to comply with Commission rules regarding local
ORDER NO. 30465
exchange services in Idaho. The Company states that it will not charge customer deposits for its
Idaho customers and therefore requests a waiver of Commission Rule 106, IDAP A 31.41.01.106
governing interest on deposits made by customers.
ST AFF RECOMMENDATION
Staff has reviewed AFS's Application, including the Company s revised price lists
and customer billing information. Staff believes that AFS is compliant with the requirements of
Procedural Order No. 26665 and IDAP A 31.01.01.111 and 112 (Rules 111 and 112). Staff
believes the Company possesses the requisite financial, managerial, and technical qualifications
necessary to effectively operate as a telecommunications provider within the State of Idaho and
recommended that the Commission approve AFS' Application.
COMMISSION FINDINGS
Based upon the comments and the record in this case, the Commission grants the
Company s 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. The Commission finds that the
request to transfer Idacomm s Certificate is essentially a corporate structure name change, that
this change does not appear to effect individual customer service in any way, and that the
Application satisfies the requirements of the Commission s Rules and Procedural Order No.
26665. Thus, we approve the Company s Application to transfer the Certificate of Public
Convenience and Necessity. This is consistent with our previous Orders granting authority to
provide telecommunications services to carriers meeting the established requirements.
ORDER
IT IS HEREBY ORDERED that Certificate of Public Convenience and Necessity
No. 427 previously issued to Idacomm, Inc. to provide telecommunications services within the
State of Idaho is transferred to American Fiber Systems, Inc.
THIS IS A FINAL ORDER. Any person interested in the Order 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. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-
626.
ORDER NO. 30465
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this
;(/.sf
day of November 2007.
ARSHA H. SMITH, COMMISSIONER
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ATTEST:
Je D. Jewell
mission Secretary
O:AFS-O7-
ORDER NO. 30465