20091113final_order_no_30944.pdf

Office of the Secretary
Service Date
November 13, 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ALEC TELECOM, INC. FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY
TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES
CASE NO. ALE-09-
ORDER NO. 30944
On June 12 , 2009 ALEC Telecom, Inc. ("ALEC" or "Company filed an
Application for a Certificate of Public Convenience and Necessity pursuant to Idaho Code 99 61-
526 through 528, IDAPA 31.01.01.111 and Commission Order No. 26665 to provide local
exchange telecommunications services within the State of Idaho.
Commission Staff consulted with representatives of the Company regarding its
Application and the submission of revised tariff pages. On September 29 2009, the Commission
issued a Notice of Application and Notice of Modified Procedure. See Order No. 30907.
Thereafter, the Commission received written comments submitted by Staff within the established
21-day comment period.
THE APPLICATION
ALEC is a Kentucky corporation and lists its principal place of business
Lexington, Kentucky. Application at 2-3. ALEC is registered with the Idaho Secretary of State
as a foreign limited liability company and has contracted with National Registered Agents, Inc.
1423 Tyrell Lane, Boise, Idaho 83706 , as its Idaho registered agent for service. Id. at 3.
Currently, ALEC is certificated, registered or otherwise authorized to provide interexchange and
local exchange telecommunications services in the following states: Alabama, California
Florida, Georgia, Kansas, Kentucky, Mississippi, Nebraska, Nevada, North Carolina, Ohio
South Carolina, Tennessee, Texas and Washington. Id. at 1.
ALEC proposes to "provide facilities-based and resold local exchange and
interexchange services to the extent the network and transmission facilities of its facilities-based
competitive suppliers permit" Id. at 2. ALEC will offer "wholesale switching and
interconnection services to other telephone service providers and similarly-positioned wholesale
business customers.Id. at 4.
ORDER NO. 30944
ALEC requests authority to provide its services to customers "throughout the entire
state of Idaho, or to the extent the facilities of its underlying carriers permit." Id. at 1-2. The
Company anticipates that it will compete with current Idaho ILECs Qwest North, Qwest South
and Verizon Northwest. Id. at 4. The Company "does not anticipate installing physical plant at
this time" and states that it intends to "collocate switching, signaling systems and other
equipment of ILEC and non-ILEC collocation facilities. . . .Id. at 2. Applicant has not yet
finalized the location of its facilities in Idaho. Id.
In its filing, ALEC included a copy of its initial tariff and price sheets. Id. at 5
Exhibit 3. The Company has "reviewed all ofthe Commission s rules and agrees to comply with
them.Id.Exhibit 4. ALEC states that it has initiated negotiations for network interconnection
with Verizon Northwest Inc. Id. at 6. The Company does not anticipate that it will require
advance payments or deposits from its customers. Id.
ST AFF COMMENTS
Staff reviewed ALEC's Application and determined that the Company has complied
with the requirements of Procedural Order No. 26665 and IDAPA 31.01.01.111 (Commission
Procedural Rule 111). Staff believes that ALEC possesses the requisite financial, managerial
and technical qualifications necessary to operate as a telecommunications provider within the
state of Idaho. See Staff Comments at 2.
Based upon its review, Staff recommended that the Company be granted a CPCN
subject to the following conditions: (1) compliance with the Number Pool Administrator and
Order No. 30425 mandating number resource utilization forecast (NRUF) reporting; (2)
contribution to the Idaho Universal Service Fund, Idaho Telecommunications Relay System
(TRS), Idaho Telephone Assistance Program (ITSAP) and any future reporting requirements
deemed appropriate for competitive telecommunication providers; (3) filing a final and complete
price list with the Commission containing all of its rates, terms and conditions; and (4) an
agreement from the Company to relinquish its certificate and any telephone numbers if, within
one year of the issuance of a CPCN, the Company is not offering local exchange
telecommunications services in Idaho. Id. at 3.
COMMISSION FINDINGS
Based upon our review of ALEC's Application and the record in this case, including
Staffs comments regarding the importance of securing the Company s compliance with all
ORDER NO. 30944
federal and state guidelines pertaining to the Idaho area code, the Commission finds that ALEC'
filing satisfies the requirements of the Commission s Rules and Procedural Order No. 26665.
Thus, we approve ALEC's Application for a Certificate of Public Convenience and Necessity,
subject to the conditions detailed in Staffs submitted comments, to allow the Company to
provide local exchange telecommunications services in the State of Idaho.
ORDER
IT IS HEREBY ORDERED that the Application of ALEC Telecom, Inc. for a
Certificate of Public Convenience and Necessity is granted to enable the Company to provide
local exchange telecommunications services within the State of Idaho.
IT IS FURTHER ORDERED that the Company s Certificate of Public Convenience
and Necessity shall be subject to the following conditions: (1) compliance with the Number Pool
Administrator and Order No. 30425 mandating number resource utilization forecast (NRUF)
reporting; (2) contribution to the Idaho Universal Service Fund, Idaho Telecommunications
Relay System (TRS), Idaho Telephone Assistance Program (ITSAP) and any future reporting
requirements deemed appropriate for competitive telecommunication providers; (3) filing a final
and complete price list with the Commission containing all of its rates, terms and conditions; and
(4) an agreement from the Company to relinquish its certificate and any telephone numbers if
within one year of the issuance of a CPCN, the Company is not offering local exchange
telecommunications services in Idaho..
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 9 61-
626.
ORDER NO. 30944
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /3 f"
day of November 2009.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Commission Secretary
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ORDER NO. 30944