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HomeMy WebLinkAbout20101001Decision Memo.pdfDECISION MEMORANDUM - 1 - DECISION MEMORANDUM TO: COMMISSIONER KEMPTON COMMISSIONER SMITH COMMISSIONER REDFORD COMMISSION SECRETARY COMMISSION STAFF WORKING FILE FROM: NEIL PRICE DEPUTY ATTORNEY GENERAL DATE: OCTOBER 1, 2010 RE: APPLICATION OF AMERICAN DIAL TONE, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, CASE NO. AMD-T-10-01 On February 25, 2010, American Dial Tone, Inc. (“ADT” or “Company”) filed an Application for a Certificate of Public Convenience and Necessity (“CPCN”) to provide resold and facilities-based local exchange service in Idaho. THE APPLICATION ADT is a Florida corporation and lists its principal place of business as Dunedin, Florida. ADT is registered with the Idaho Secretary of State as a foreign corporation and lists Incorp Services Inc., 921 S. Orchard Street, Suite G, Boise, Idaho 83705 as its Idaho registered agent for service of process. ADT states in its Application that it “initially proposes to provide resold and facilities-based local exchange service utilizing unbundled network elements provided by existing [local exchange carriers]: Qwest North, Qwest South, and Verizon.” Application at 4. The Company has “no current plans to install facilities in Idaho but may do so in the future, however, the nature and extent of the facilities to be utilized has yet to be determined.” Id. ADT “seeks authority to provide all forms of intrastate local exchange and interexchange telecommunications services.” Id. ADT attached a copy of its illustrative tariff to its Application and later submitted revised pages at Staff’s request. See Application, Exhibit 5 and Tariff Revisions. The Company has not yet initiated negotiations with incumbent local exchange carriers (“ILEC”) in Idaho. DECISION MEMORANDUM - 2 - ADT states that it has reviewed the laws and regulations of this Commission governing local exchange telecommunications services in Idaho and agrees to provide service in accordance with all laws, rules and regulations to the extent they are not preempted by the federal Act. ADT’s Application states that it will not require its customers to submit advance payments or deposits in exchange for service. STAFF RECOMMENDATION Staff has reviewed ADT’s Application and other reporting documentation and recommends that the Application be processed through Modified Procedure. COMMISSION DECISION Does the Commission wish to process ADT’s Application for a Certificate of Public Convenience and Necessity by Modified Procedure? for Neil Price Deputy Attorney General M:AMD-T-10-01_np