20100930final_order_no_32078.pdf

Office of the Secretary
Service Date
September 30 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
AIRESPRING, INC. FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES
CASE NO. ASI-IO-
ORDER NO. 32078
On July 1 , 2010, Airespring, Inc. ("Airespring" or "Company ) filed an Application
for a Certificate of Public Convenience and Necessity ("CPCN"), pursuant to Idaho Code gg 61-
526 through -5281 and IDAPA 31.01.01.111 (Rules 111 and 112), to provide local exchange
telecommunications services. Application at 1.
On September 2 2010, the Commission issued a Notice of Application and Modified
Procedure with a 21-day comment period. See Order No. 32063. Commission Staff was the
only party to submit comments regarding Airespring s Application.
THE APPLICATION
Airespring is a Delaware corporation and lists its principal place of business as Van
Nuys, California. Id. at 1-2. Airespring is registered with the Idaho Secretary of State as a
foreign corporation and lists National Registered Agents, 1423 Tyrell Lane, Boise, Idaho 83706
as its Idaho registered agent for service. Id. at 2, Exhibit 2.
Airespring states in its Application that it "initially proposes to provide resold local
exchange services.Id. at 4. The Company "has no current plan to install facilities in Idaho but
may do so in the future. . . .Id. Airespring seeks the authority and intends to provide all forms
of switched and non-switched intrastate local exchange telecommunications services. Id. at 4-
Airespring s proposed Idaho service territory will include all areas of Idaho currently being
served by existing ILECs. Id. at 5. The Company will not offer its services in areas already
being served by carriers that are eligible for small or rural carrier exemption under Section 251
of the federal Telecommunications Act of 1996 ("Federal Act"
).
Id.
Airespring attached a copy of its illustrative tariff to its Application. See Application
Exhibit 5. The Company has yet to initiate negotiations with ILECs in Idaho. Id. at 7.
Airespring states that it has "reviewed the laws and regulations of this Commission s governing
local exchange telecommunications services and will provide service in accordance with all
1 Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code ~ 62-604(1)(a), Airespring is
exempt from Title 61 regulation.
ORDER NO. 32078
laws, rules and regulations to the extent they are not preempted by the Federal Act:' Id.
Airespring has not filed an escrow account because it will not require its customers to submit
advance payments or deposits in exchange for service. Id.
STAFF COMMENTS AND RECOMMENDATIONS
Staff reviewed Airespring's Application and determined that the Company has
complied with the requirements of Procedural Order No. 26665 and IDAP A 31.01.01.111
(Commission Procedural Rule Ill). Staff believes that Airespring possesses the requisite
financial, managerial, and technical qualifications necessary to operate as a telecommunications
provider within the State of Idaho.
After its initial review of the Application, Staff contacted an Airespring consultant
regarding potential revisions to the Company's Application. On July 23 , 2010, the Company
forwarded the revisions to Staff. Airespring states that it has reviewed the laws and regulations
governing local exchange telecommunications services and will provide service in accordance
with Idaho law and the rules and regulations of the Commission to the extent they are not
preempted by the Federal Act.
Staff recommended that Airespring 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. See
Staff Comments at 2-
COMMISSION FINDINGS AND DECISION
Based upon our review of Airespring's Application and the record in this case
including Staffs comments, the Commission finds that Airespring's filing satisfies the
requirements of the Commission's Rules and Procedural Order No. 26665. Thus , we approve
Airespring's Application for a Certificate of Public Convenience and Necessity, subject to the
ORDER NO. 32078
conditions detailed in Staffs 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 Airespring, Inc. for a Certificate
of Public Convenience and Necessity to provide local exchange telecommunications services
within the State of Idaho is granted.
IT IS FURTHER ORDERED that Airespring'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 g 61-
626.
ORDER NO. 32078
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 36 -f4'\
day of September 2010.
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Gr~ D. KEMPTON, RESIDENT
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MARSHA H. SMITH, COMMISSIONER
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MACK A:-REDFORD, COMMISSIONER
ATTEST:
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ORDER NO. 32078