20050706Comments.pdf

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KIRA DALE PFIS TERER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 6571
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10/\1'10 PUBL.
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, ID 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLI CA TI 0 N OF
ALL IDAHO LLC DBA IBC COMMUNICA-
TIONS, INC. FOR A CERTIFICATE OF PUBLIC)
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE SERVICES
WITHIN THE STATE OF IDAHO.
CASE NO. AII-O5-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Kira Dale Pfisterer, Deputy Attorney General, in response to Order No.
29802, the Notice of Application and Notice of Modified Procedure in Case No. AII-05-
issued on June 15 2005 , and submits the following comments.
BACKGROUND
On May 23 , 2005, All Idaho LLC dba IBC Communications, Inc. ("IBC") filed an
Application for a Certificate of Public Convenience and Necessity (CPCN) to provide resold
local exchange telecommunications services throughout Qwest's service territory in the State of
Idaho.
STAFF COMMENTS JUL Y 6, 2005
STAFF ANALYSIS
Staff has reviewed IBC'Application and finds that it complies with the
Commission s requirements. Staff reviews all requests for a CPCN certificate pursuant to Idaho
Code ~~ 61-526 through -528 IDAP A 31.01.01.111 and 112 (Rules 111 and 112), and
Procedural Order No. 26665. In order to be issued a CPCN, a public utility must provide the
Commission with the following information: (1) name, address, and form of business; (2) the
date on which the applicant proposes to begin construction or anticipates that it will provide
service, including a written description of customer classes and services proposed to be offered;
(3) the proposed service territory; (4) certain financial information; (5) maps regarding the
proposed service area; (6) a proposed initial tariff and price sheets; (7) contact information; (8)
interconnection agreements if any; (9) an agreement to comply with the Commission s Rules;
and (10) an escrow account with a bonded escrow agent if the company requires advanced
deposits from its customers. Order No. 26665.
IBC's Application includes all of the required information. IBC intends to provide local
long distance and international calling as well as Voice Over Internet Protocol (VoIP) to both
residential and business customers. IBC also plans to provide: Internet services, networking,
phone system setup and install, call center services, hosting, co-location and consultation. IBC
will offer these telecommunications services through resale and unbundled network element
agreements with Qwest.
Staff is satisfied that the Company has the technical and managerial strength to provide
the services identified in the Application. IBC is an Idaho corporation with its principal business
address in Pocatello and also has a registered agent for service in Idaho. IBC was created by All
Idaho L., which has been providing Internet services to Idaho and Oregon customers for over
nIne years.All Idaho L.C. notified the Commission it was providing advance
telecommunications services (high speed data lines) in November of 2003. All Idaho has since
indicated that its telecommunications services will be provided through its IBC subsidiary.
The principals at IBC have considerable telecommunications experience, especially in
data and advanced communications. Further, while Staff has some concerns regarding the
Application s limited financial information, Staff ultimately concludes that the Company does
not pose a risk to Idaho s customers and Staff does not recommend the imposition of any
financial guarantees.
STAFF COMMENTS JUL Y 6, 2005
Staff believes that the financial resources identified in the Application, plus the
Company s existing base of high-speed data customers, should be sufficient for operations as a
reseller. IBC's Application indicates that the Company lacks financial information due to its
recent start-up date of May 2005. However, the parent company, All Idaho, has remained in
business for nine years. In addition, the Application includes a Letter of Guarantee for $28 000
that had been issued to Qwest on behalf ofIBC.
IBC specifically indicated in its Application it will comply with all Commission
rules. In addition, IBC provided an illustrative tariff with its Application that demonstrates an
understanding of tariff requirements and processes.
The Company does not anticipate collecting deposits, and therefore requests a waiver
of that portion of Commission Order No. 26665 that requires an Escrow Account be established.
STAFF RECOMMENDATION
Staff finds that the Company s filing complies with the requirements of the Idaho Code
the Commission s rules, and Procedural Order No. 26665. Therefore, Staff recommends that the
Commission approve All Idaho LLC dba IBC Communications, Inc.' s Application for a
Certificate of Public Convenience and Necessity to provide competitive local exchange service
in Idaho.
Respectfully submitted this
C(1-
day of July 2005.
~f)f#lKira Dale Pfister r
Deputy Attorney General
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Technical Staff: Wayne Hart
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STAFF COMMENTS JUL Y 6, 2005
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 6TH DAY OF JULY 2005
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. AII-05-, BY MAILING A COpy THEREOF POSTAGE PREPAID
THE FOLLOWING:
KRISTA COOK
ALL IDAHO LLC
dba IBC COMMUNICTIONS
1424 YELLOWSTONE AVE
POCATELLO, ID 83706
CERTIFICATE OF SERVICE