20080909final_order_no_30636.pdf

Office of the Secretary
Service Date
September 9, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ACCESS POINT, INc. FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY
TO PROVIDE LOCAL EXCHANGE SERVICES
CASE NO. ACS-08-
ORDER NO. 30636
On February 14, 2008, Access Point, Inc. ("Access" or "Company ) filed an
Application for a Certificate of Public Convenience and Necessity pursuant to Idaho Code ~~ 61-
526 through 528, IDAP A 31.01.01.111 and Commission Order No. 26665 to provide resold
facilities-based and local exchange telecommunications services in the State of Idaho.
Application at 1. Subsequently, Commission Staff submitted data requests to Access for
additional information pertaining to its Application. On May 8, 2008, Access filed its responses
to Staff s data requests.
Thereafter, the Commission set apart August 7, 2008 as the deadline for comments
regarding Access' Application. See Order No. 30598. Staff was the only party to submit
comments.
THE APPLICATION
Access is a North Carolina corporation and lists its principal place of business as
Cary, North Carolina. Id. at 2. Access offers telecommunications services in every state within
the lower 48 United States. Id. at Exhibit E. The Company is registered with the Idaho
Secretary of State as a limited liability company and lists TCS Corporate Services, Inc. 5481
Kendall St., Boise, Idaho 83706, as its Idaho registered agent for service. Id. at 2.
The Company states that it "currently offers resold long distance service throughout
the state of Idaho.Id. at 1. In its filing, the Company "proposes to provide local
telecommunications service to residential and business customers. . . throughout the state of
Idaho in all exchanges not exempt from competition.Id. at 1 , 5.
Access states further that it intends "to offer service through UNE-P facilities and
resale agreements with ILECs located in the State pursuant to interconnection agreement(s) . . .
Id. at 5. Operator assisted services, such as 911 emergency calls, will be "handled by its
underlying carrier" and then routed to the "appropriate emergency agency.Id.
ORDER NO. 30636
Access will offer 24-hour toll-free customer assistance once it initiates operations. Id.
The Company intends to offer service in "both Qwest North and Qwest South service
territories.Data Response No.2. The Company has provided the Commission with the
appropriate "Financial Information" and "Illustrative Tarriff Fillings.See id. at 3, Exhibit F and
Exhibit H; see also Data Responses, Attachments I-VII. Access states that it will not be
requiring deposits or advance payments and requests a waiver from the requirement of an escrow
account with a bonded escrow agent for deposits and/or advanced payments. See Data Response
No.
STAFF COMMENTS
Staff reviewed Access s Application and determined that the Company has complied
with the requirements of Procedural Order No. 26665 and Procedural Rules 111 and 112, IDAP A
31.01.01.111 and 112. Staff believes that Access possesses the requisite financial, managerial
and technical qualifications necessary to effectively operate as a telecommunications provider
within Idaho. Staff noted that Access does not anticipate collecting deposits from its customers
and that the Company has requested a waiver of the Escrow Account requirements found in
Order No. 26665.
Based upon its reVIew, Staff recommended the Commission approve Access
Application for a Certificate of Public Convenience and Necessity and waive the Commission
requirements pertaining to escrow accounts and interest on customer deposits, until such time as
the Company begins to collect deposits from its customers.
COMMISSION FINDINGS
Based upon our review of the filings and the record in this case, the Commission
finds that Access s filing satisfies the requirements of the Commission s Rules and Procedural
Order No. 26665. Thus, we approve Access s Application for a Certificate of Public
Convenience and Necessity to allow the Company to provide local exchange
telecommunications services within Idaho.
ORDER
IT IS HEREBY ORDERED that the Application of Access Point, 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.
ORDER NO. 30636
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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 'if-"
day of September 2008.
MACK A. DF ENT
MARSHA H. SMITH , COMMISSIONER
. KEMPTON, OMMISSIONER
ATTEST:
Je D. Jewell
Co mission Secretary
O:ACS- T -08-- np2
ORDER NO. 30636