20091020Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BARNO. 6864
RECEIVED
2009 OCT 20 PH 2: 40
IDAHO P48~U:;~t"io..~..:
UTILITIES COfih1!".; 'i
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE. MATTER OF THE APPLICATION OF )
ALEC, INC. FOR A CERTIFICATE OF PUBLIC) CASE NO. ALE-T-09-1
CONVENIENCE AND NECESSITY TO )
PROVIDE LOCAL EXCHANGE TELECOM- )
MUNICATIONS SERVICES WITHIN THE ) COMMENTS OF THESTATE OF IDAHO ) COMMISSION STAFF
)
..ot COMES NOW the Staff of the Idaho Public Utilties Commission, by and through its
attorney of record, Neil Price, Deputy Attorney General, and in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 30907 on September 29,2009,
in Case No. ALE- T -09-1, submits the following comments.
BACKGROUND
On June 12,2009, ALEC, Inc. ("ALEC" or "the Company") fied an Application for a
Certificate of Public Convenience and Necessity to provide local exchange telecommunications
services in the State ofIdaho pursuant to Idaho Code §§ 61-526 through -528, IDAPA
31.01.01.111 and Commission Order No. 26665.
ALEC seeks authority to offer its customers facilities-based and resold competitive local
exchange and interexchange telecommunications services throughout the State of Idaho. The
Company also proposes to offer "wholesale switching and interconnection services to other
STAFF COMMENTS 1 OCTOBER 20, 2009
telephone service providers and similarly-positioned wholesale business customers." The
Company will compete with current Idaho incumbent local exchange cariers ("ILECs") Qwest
North, Qwest South and Verizon Northwest Inc.
ALEC is incorporated in Kentucky and is registered in the State of Idaho as a foreign
corporation. The Company is wholly-owned by SinglePipe Communications, Inc. The Company
curently has no principal address within the State of Idaho and identifies National Registered
Agents, Inc. as its registered agent for service of process.
STAFF REVIEW
In its Application, ALEC states that it intends to offer facilities-based and resold
competitive local exchange and interexchange telecommunications services throughout the state
ofIdaho. Application at 2. ALEC's future plans are to expand its offerings to retail, private line
services, and residential customers. Id. at 5.
ALEC affirms that it has reviewed all of the Commission rules and agrees to comply with
them. Id. at 6.
The Company states it is certificated, registered or otherwise authorized to provide
interexchange and local exchange telecommunications services in the States of Alabama,
California, Florida, Georgia, Kansas, Kentucky, Mississippi, Nebraska, Nevada, North Carolina,
Ohio, South Carolina, Tennessee, Texas and Washington. Id. at 1
With its Application, ALEC included a copy of the initial tariff and price sheets.
Application, Exhibit A. The Company also provided copies of Income Statements and Balance
Sheets for SinglePipe Communications, Inc. for the reporting period ending on December 31,
2008 and March 31,2009. Application, Confidential Attachment.
STAFF RECOMMENDATION
Staffhas reviewed the Application for ALEC and believes the Company understads and
agrees to comply with Commission Rules of Procedure 111 (lDAP A 31.01.01.111) and
Procedural Order No. 26665. Staff believes that the Company possesses the requisite financial,
managerial, and technical qualifications necessary to operate as a provider of telecommunications
services. Staff, therefore, recommends Commission approval of the Application for a Certificate
of Public Convenience and Necessity subject to the following conditions:
STAFF COMMENTS 2 OCTOBER 20, 2009
1. Compliance with the Number Pool Administration and Idaho Commission Order No.
30425 mandating number resource utilization forecast (NRUF) reporting requirements;
2. Contribution to the Idaho Universal Service Fund (USF), Idaho Telecommunications
Relay Service (TRS), Idaho Telephone Service Assistance Program (lTSAP), and any
futue reporting requirements deemed appropriate for competitive telecommunications
providers;
3. Upon approval of this Application, ALEC wil issue a final price list under Case No.
ALE- T -09-1, at which time a certificate will be issued; and
4. The Company agrees that it wil relinquish its certificate and any telephone numbers if
it is not doing business within one year of its issuance of a CPCN.
Respectfully submitted this ~ day of October 2009.
Neil Price
Deputy Attorney General
Technical Staff: Grace Seaman
i:umisc:commentsalet09. i npgs comments
STAFF COMMENTS 3 OCTOBER 20, 2009
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 20TH DAY OF OCTOBER 2009,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. ALE-T-09-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
CATHERINE M. HANNAN
HELEIN & MARASHLIAN LLC
SUITE 301
1483 CHAIN BRIDGE RD.
McLEAN, VA 22101
E-MAIL: cmh(fcommlawgroup.com
&~~
SECRETARY
CERTIFICATE OF SERVICE