20150827final_order_No_33366.pdf

Office of the Secretary
Service Date
August 27,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ALBION TELEPHONE )
COMPANY’S PETITION FOR AN ORDER )CASE NO.ALB-T-15-02
APPROVING ITS:(1)ACQUISITION OF A )
AFFILIATED LONG-DISTANCE )
COMPANY’S ASSETS;(2)USE OF THOSE )ORDER NO.33366
ASSETS TO PROVIDE LONG-DISTANCE )
SERVICES;AND (3)ASSOCIATED PRICE )
LIST )
On June 9,2015,Albion Telephone Company (the “Company”)petitioned the
Commission for an Order approving its:(1)acquisition of certain assets of ATC Long Distance,
Inc.(a now dissolved,affiliated Title 62 company);(2)use of those assets to provide non-
regulated long-distance service;and (3)adoption of the ATC Long Distance,Inc.’s price list on
file with the Commission (the Company has now filed that price list in its own name).’The
Commission subsequently issued a Notice of Petition and Notice of Modified Procedure setting
comment and reply deadlines.See Order No.33336.Staff filed timely comments that support
the Company’s Petition.No other comments were received.The Company did not reply.
Having reviewed the record,the Commission issues this Order approving the
Company’s Application as specified below.
THE PETITION
The Company is a Commission-regulated Title 61 telephone corporation.In its
Petition,the Company explains that in February 2014,the shareholders of its affiliate,ATC Long
Distance,Inc.,voted to dissolve the affiliate and transfer its assets to the Company so the
Company could provide the long-distance services that the affiliate had been providing.The
affiliate filed Articles of Dissolution with the Idaho Secretary of State on April 8,2014.
The Petition explains that the Company has been providing long-distance services
using the price list that the affiliate previously filed with the Commission.As part of its Petition,
the Company has submitted the same price list in the Company’s name,and asks the
Idaho Code §62-606 and IDAPA 31.41.01.607 require all telecommunications corporations subject to the
Telecommunications Act of 1988 (Idaho Code §62-601 et seq.)to file with the Commission,for informational
purposes,tariffs or price lists that reflect the availability,price,terms and conditions of all telecommunication
services not offered under Title 61,Idaho Code.Price lists for Title 62 companies resemble tariffs,but are not
approved by the Commission.Rather,they are acceptedforfiling.When a Title 62 Company ceases to do business
in Idaho,it should notif’the Commission so the price list can be removed from the Commission’s files.
ORDERNO.33366 1
Commission to approve it with a March 7,2014 effective date (the date on which the affiliate’s
president signed the Articles of Dissolution).
The Petition states that the Company’s acquisition of its affiliate’s assets and
provision of non-regulated long-distance service will have little,if any,impact on the
Company’s current customers.The Company will continue to provide these customers with the
same regulated services at the same prices.The Company will also continue to offer long-
distance service to its affiliate’s former customers at the same prices.The Company separately
accounts for its revenues and expenses from non-regulated long-distance service and its revenues
and expenses from regulated services.
STAFF COMMENTS
Staff supports the Company’s Petition.Staff notes that the Company certifies that “all
revenues and expenses for the non-regulated long distance services are kept and managed
separate and apart from the revenues and expenses of the regulated services provided by the
Company under the following general ledger accounts:Revenue 7990.63-7990.68;Expenses:
7991.60-7991.62.”See Affidavit of Richard L.Redman.Staff recommended the Commission
approve the Company’s acquisition of its dissolved affiliate’s assets;use of those assets to
provide non-regulated long-distance service;and adoption of the dissolved affiliate’s price list.
Staff also recommended the Commission require the Company to continue to separate the
accounts for its non-regulated long-distance services from the accounts for its regulated services.
DISCUSSION AND FINDINGS
The Company is a Commission-regulated telephone corporation.The Commission
has jurisdiction over the Company and the matters raised in the Petition under Titles 61 and 62 of
the Idaho Code.We have reviewed the record in this case.Based on that review,we find that
the Company’s acquisition of its former affiliate’s assets,and use of those assets to provide non-
regulated long-distance service,will enable the Company to offer long-distance service to its
former affiliate’s customers at the same prices without interruption in service or change in billing
practices.In addition,the Company’s existing customers will not be adversely impacted,but
will continue to receive the same regulated service at the same prices.We thus find it fair,just,
and reasonable to grant the Company’s Petition to acquire the assets of its dissolved affiliate,
ATC Long Distance,Inc.We further find it reasonable for Albion to use those assets to provide
non-regulated long-distance service to customers,and we approve adoption of the dissolved
ORDER NO.33366
affiliate’s price list,with the list to be effective March 7,2014.We also find it reasonable to
direct the Company to continue to separate the accounts for its non-regulated long-distance
service from the accounts for its regulated service.Lastly,because the Company’s former
affiliate,ATC Long Distance,Inc.,has been dissolved and is no longer providing long-distance
services in Idaho,we find it reasonable to remove the affiliate’s price list from the Commission’s
active file of Telephone Title 62 Price Lists.
ORDER
IT IS HEREBY ORDERED that Albion Telephone Company’s Petition to acquire the
assets of its dissolved affiliate,ATC Long Distance,Inc.is approved.We further approve the
use of those assets to provide non-regulated long-distance service to customers,and adoption of
the dissolved affiliate’s price list,with the list to be effective March 7,2014,is approved.The
Company’s price list is accepted as filed.
IT IS FURTHER ORDERED that the Company shall continue to separate the
accounts for its non-regulated long-distance service from the accounts for its regulated service.
IT IS FURTHER ORDERED that the price list of the dissolved affiliate,ATC Long
Distance,Inc.,shall be removed from the Commission’s active file of Telephone Title 62 Price
Lists.
THIS IS A FINAL ORDER.Any person interested in the Order (or in issues decided
by this 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 and in this case.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.33366 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of August 2015.
PAUL KJELL R,P SIDENT
\I
MARSHA H.SMITH,COMMISSIONER
K STINE RAPER,COMMISSIONER
ATTEST:
mmission Secretary
O:ALB-T-I 5-02kk2
ORDERNO.33366 4