HomeMy WebLinkAbout19980810Order No 27670.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF CERTIFICATED SERVICE AREA BOUNDARIES CONCERNING THE ALMO EXCHANGE BY ALBION TELEPHONE COMPANY.
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CASE NO. ALB T 98 1
ORDER NO. 27670
On June 3, 1998, the Commission issued a Notice of Modified Procedure soliciting comments in response to the petition of Albion Telephone Company for authority to amend the Companys Certificate No. 257 expanding the boundary of Albions Almo exchanges by adding an approximately 11 square mile currently unserved area adjacent and contiguous to the Almo exchange. The City of Rocks National Monument is located within the subject area. Albion has received requests for payphones to be installed at the City of Rocks. Albion contends that because of the location of its existing facilities, it is the telephone company best situated to introduce any new service to the subject area and to respond to existing and future requests for service quickly and cost effectively. Albion contends that the requested amendment will not affect the service area boundaries of any other certificated telecommunications carrier and will not injure or interfere with the operation of any line, plant or system of any other public utility already constructed. Finally, Albion notes that the granting of its Petition would not require the Company to construct or expand any facilities other than normal extensions of service within its service area to the City of Rocks.
The only party to file comments in response to Albions Petition was the Commission Staff. Staff supports Albions Petition. Staff notes that, for purposes of Universal Service Fund (USF) eligibility, the federal Telecommunications Act of 1996, 47 USC 151 et seq. (the Act), requires that state regulatory commissions establish service areas for rural telephone companies that are identical to study areas established by the FCC. Section 214(e)(5) of the Act states:
In the case of an area served by a rural telephone company, service area means such companys study area unless and until the Commission and the states, after taking into account recommendation of a Federal-state Joint Board instituted under Section 410(c), establish a different definition of service area for such company.
If Albions USF service area is to be the same as the study area, Staff states, then the FCC must change the Companys study area before this Commission can change its service area. The FCC currently has a freeze on study area amendments, but has established three criteria for granting waivers to this freeze as follows:
First, that the change in study area boundaries does not adversely affect the Universal Service Fund (USF) support program; second, that the state commission(s) having regulatory authority does not object to the change in study area boundaries; and third, that the public interest supports the change in study area boundaries.
FCC Docket No. DA 95-1403, Order No. AAD No. 95-78.
Staff reasons that if this Commission supports Albions request to add the City of Rocks to its study area, it would appear to meet all three of the foregoing criteria and Staff expects such a request of the FCC to be successful. If the FCC adds the City of Rocks to the Companys study area, Staff notes, and the Company offers the full range of services required of an ETC to the new area, as Albion has indicated it will do, then in accordance with Section 214(e)(5), Staff believes that this Commission should add the new area to the Companys service area for universal service support.
In conclusion, Staff contends that Albion is the most logical company to provide basic telephone service to the City of Rocks area. Service from Albion is likely to be the most economical option for the customers, Staff contends, and Albion is capable of providing the full range of services currently required of an eligible telecommunications carrier. Consequently, Staff recommends that the Commission approve Albions request and amend the Companys certificate to include the requested new territory.
Staff also recommends that the Commission offer its support in its final Order in this case to Albions request to add the City of Rocks to its study area. Staff recommends that, contingent upon the FCC amending the Companys study area to include the City of Rocks, the Commission also approve the Companys request to include the City of Rocks in Albions service area for universal service support.
FINDINGS
We hereby approve Albions Petition to expand its service area to include the City of Rocks National Monument area within the Companys Almo exchange. We find that Albion is fit to provide service to the area which is not currently being served by any other telecommunications provider. We note that although the City of Rocks area might lie closer to the boundary of the Oakley exchange served by the Project Mutual Telephone Company, the physical terrain would make it difficult for Project Mutual to extend service to the area. Although Project Mutual did not submit written comments in this case, its manager, Mr. Creason, informed Staff that he did not oppose Albions request.
Based on the foregoing, we find that Albion is fit and willing to serve the area in question. We further find that granting Albions petition will not be detrimental to any other telecommunications provider operating in the area. Albion is directed to file revised tariff maps and a revised legal description of the Almo exchange reflecting this decision with the Commission.
We further find that the effort of Albion to petition the FCC to include the City of Rocks region within Albions study area deserves this Commissions support. Contingent upon Albion providing this Commission with evidence of the inclusion of this additional area in the Companys FCC approved Study Area, Albions service area for the purposes of universal service support shall also be considered to include this additional area. Albion is directed to promptly notify this Commission of the FCCs decision in this regard.
O R D E R
IT IS HEREBY ORDERED that Albions Petition to expand its service area is approved subject to the terms and conditions set forth herein.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of August 1998.
DENNIS S. HANSEN, PRESIDENT
RALPH NELSON, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
vld/O:ALB-T-98-1.bp
ORDER NO. 27670 -1-
Office of the Secretary
Service Date
August 10, 1998