20080807Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 6864
I. ,...,I' J
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
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 AND )
TELECOMMUNICATIONS SERVICES )
)
)
CASE NO. ACS-T-08-1
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities 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 in Order No. 30598 issued on July 17,2008, submits
the following comments.
BACKGROUND
On February 14,2008, Access Point, Inc. ("Access") fied an Application for a Certificate of
Public Convenience and Necessity to provide telecommunications services in the State of Idaho
pursuant to Commission Order No. 26665.
Access will provide resold local exchange and interexchange telecommunications services
within Idaho.
Access will offer service through UNE-P facilities and resale agreements with incumbent
local exchange cariers located in Idaho pursuat to interconnection agreement(s).
STAFF COMMENTS 1 AUGUST 7, 2008
Access's operator assisted services, such as 911 emergency calls, will be handled by its
underlying carier and then routed to the appropriate emergency agency.
Access's service territory will include Qwest North and Qwest South's curent Idaho service
territories.
Access states that it wil 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. Order No. 26665.
STAFF REVIEW
Staff reviews all requests for a CPCN certificate pursuant to Idaho Code §§ 61-526
through -528, IDAPA 31.01.01.111 and 112 (Rules 111 and 112), and Procedural Order No. 26664.
To obtain a CPCN, an Applicant must provide the Commission with the following information: (1)
name, address, and form of business; (2) the date on which the applicant proposes to begin
constrction or anticipates that it will provide service, including. a written description of customer
classes and services proposed to be offered; (3) the proposed service territory; (4) certain financial
information; (5) maps regarding the proposed service area; (6) a proposed initial tariff and price
sheets; (7) contact information; (8) interconnection agreements if any; (9) an agreement to comply
with the Commission's Rules; and (10) an escrow account with a bonded escrow agent if the
company requires advanced deposits from its customers. Order No. 26665.
Through its review of the Application and numerous discussions with the Company,
Staff has determined that the Company's filing complies with the requirements of the Commission.
Staff believes that the Company understands and agrees to comply with the Commission rules and
requirements. Staff fuher believes that the Company possesses the requisite financial, managerial,
and technical qualification necessar to operate as a provider of telecommunications services.
STAFF RECOMMENDATION
Based on its review of the Application, Staff recommends approval of the Application
for a Certificate with a waiver of the escrow account requirement. In the future, should the
Company decide to collect deposits, it must comply with the escrow requirement as well as the
Commission's rules for interest on deposits.
STAFF COMMENTS 2 AUGUST 7, 2008
Respectfully submitted this ~:: day of August 2008.
~~,~,~-
Neil Price
Deputy Attorney General
Technical Staff: Carolee Hall
i:/umisc/comments/acst08.1npch
STAFF COMMENTS 3 AUGUST 7, 2008
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 7TH DAY OF AUGUST 2008,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. ACS-T-08-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
THOMAS M FORTE
CONSULTANT
TECHNOLOGIES MANAGEMENT INC
STE 300
2600 MAITLAND CENTER PKWY
MAITLAND FL 32751
E-MAIL: tforte(ftminc.com
SECRET~~-
CERTIFICATE OF SERVICE