20080822Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER RED FO RD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:NEIL PRICE
DEPUTY ATTORNEY GENERAL
DATE:AUGUST 20, 2008
SUBJECT:APPLICATION OF ACCESS POINT, INC. FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY; CASE NO. ACS-08-
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, IDAPA 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 Staffs
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 Street
Boise, Idaho 83706, as its Idaho registered agent for service. Id. at 2.
DECISION MEMORANDUM
The Company states that it "currently offers resold long distance service throughout the
state ofIdaho.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
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.
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' Application and determined that the Company has complied
with the requirements of Procedural Order No. 26665 and IDAPA 31.01.01.111 and 112 (Rules
111 and 112). Staff believes that Access possesses the requisite financial , managerial, and
technical qualifications necessary to effectively operate as a telecommunications provider within
the State of Idaho. Staff notes 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 recommends that the Commission approve Access
Application for a Certificate of Public Convenience and Necessity and waive the escrow account
requirements until such time as the Company begins to collect deposits from its customers.
COMMISSION DECISION
Does the Commission wish to approve Access Point, Inc.' s Application for a
Certificate of Public Convenience and Necessity to provide resold facilities-based and local
exchange telecommunications services within the State of Idaho?
DECISION MEMORANDUM
Does the Commission wish to waive the escrow account requirements until such time
as Access begins to collect deposits from its customers?
;J JL~
Neil Price
M:ACS-O8-np2
DECISION MEMORANDUM