20100923Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074.
[phone]
BARNO. 6864
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10m SEP 23 AMtO=12
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 )
AIRESPRING, INC. FOR A CERTIFICATE OF )
PUBLIC CONVENIENCE AND NECESSITY. )
)
)
)
)
CASE NO. ASI-T-IO-Ol
COMMENTS OF THE
COMMISSION STAFF
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. 32063 on September 2,2010,
in Case No. ASI-T-I0-0l, submits the following comments.
BACKGROUND
On July 1,2010, Airespring, Inc. ("Airespring" or "Company") fied an Application for a
Certificate of Public Convenience and Necessity ("CPCN"), pursuant to Idaho Code §§ 61-526
through -5281 and IDAPA 31.01.01.111 (Rules 111 and 112), to provide local exchange
telecommunications services.
i Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code § 62-604( 1 )(a), Airespring is
exempt from Title 61 regulation.
STAFF COMMENTS 1 SEPTEMBER 23,2010
Airespring states in its Application that it wil initially provide resold local exchange
services. Airespring seeks authority and intends to offer all forms of switched and non-switched
intrastate local exchange telecommunications services. Curently the Company has no plans to
install facilties in Idaho, but may do so in the future.
STAFF ANALYSIS
Airespring's proposed Idaho service territory wil include all areas of Idaho currently
being served by existing incumbent local exchange cariers ("ILECs"). The Company states that
it wil not offer its services in areas already being served by carers that are eligible for the small
or rural carier exemption under Section 251 of the federal Telecommunications Act of 1996
("Federal Act").
Airespring attched a copy of its ilustrative tariff to its Application. After its review,
Staff contacted the Company's consultant with some revisions. 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.
Airespring states that it wil not require advanced payments or deposits and seeks a waiver
of the Commission's requirement for an escrow account for those payments.
STAFF RECOMMENDATION
1. Staff recommends that Airespring be granted a CPCN subject to the following
conditions:
a) The Company complies with number pooling and reporting requirements of the
North American Numbering Plan Administrator, as set forth in Commission Order
No. 30425;
b) Airespring provides necessar reports and contributes as appropriate to the Idaho
Universal Service Fund, Idaho Telecommunications Relay System, Idaho
Telecommunications Service Assistance Program, and complies with all future
reporting requirements deemed appropriate by the Commission for competitive
telecommunication. providers;
STAFF COMMENTS 2 SEPTEMBER 23,2010
c) Prior to issuance of the Certificate, Airespring fies a final price list with all its
rates, terms and conditions with the Commission;
d) Airespring will relinquish its Certificate and all telephone numbers if, within one
year of issuance of a CPCN, the Company is not providing local exchange
telecommunications services in Idaho.
2. Staff recommends waiver of the Commission's requirement for an escrow account.
Respectfully submitted this Z '3~ day of September 2010.
~1l~A_
kJ e' Price
JI Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc:commentsasitlO.lnpch comments
STAFF COMMENTS 3 SEPTEMBER 23,2010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 23RD DAY OF SEPTEMBER 2010,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, .IN
CASE NO. ASI-T-I0-0l, BY MAILING A COPY THEREOF, POSTAGE PREPAID, TO
THE FOLLOWING:
LANCE J M STEINHART PC
ATTORNEY
1720 WINDWARD CONCOURSE
STE 115
ALPHARETTA GA 30005
E-MAIL: lsteinhar(ftelecomcounsel.com
,b~_
SECRETARY:
CERTIFICATE OF SERVICE