20090528final_order_no_30820.pdf

Office of the Secretary
Service Date
May 28 , 2009
, ,
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF BROADVOX-CLEC, LLC, FOR A
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE
TELECOMMUNCATIONS SERVICES.ORDER NO. 30820
CASE NO. BCL-09-
On February 26, 2009, Broadvox-CLEC, LLC filed an Application for a Certificate
of Public Convenience and Necessity to provide resold and facilities-based telecommunications
services in the State of Idaho. The Application states that the Company intends to provide resold
and facilities-based local exchange services utilizing unbundled network elements, or the
equivalent thereof.
THE APPLICATION
The Company initially proposes to provide resold local exchange services and to
purchase unbundled network elements, or the equivalents thereof through interconnection and/or
commercial agreements, provided by existing LEC's: Qwest North, Qwest South, and Verizon.
The Company currently has no plans to install facilities in Idaho but may choose to do so in the
future. The Company does not intend to provide service to areas serviced by small or rural local
exchange carriers.
Broadvox -CLEC is incorporated in Delaware, with authorization to do business as a
foreign limited liability company in the State of Idaho. Although the Company does not have an
office located in Idaho, its registered agent for service of process is listed as Incorp Services, Inc.
in Boise.
STAFF COMMENTS
Staff has reviewed the Application and believes the Company understands and agrees
to comply with Commission rules and requirements. Furthermore, the information contained in
the Application satisfies the Commission s rules and requirements. See Procedural Order No.
26665; IDAPA 31.01.01.111.
Staff believes that the Company possesses the requisite financial, managerial, and
technical qualifications necessary to operate as a provider of telecommunications services. Staff
ORDER NO. 30820
therefore, recommended approval of the Application for a Certificate of Public Convenience and
Necessity subject to the following: (1) compliance with the Number Pool Administrator and
Idaho Commission Order No. 30425 mandating number resource utilization/forecast (NRUF)
reporting requirements; (2) contribution to the Idaho Universal Service Fund (USF), Idaho
Telecommunications Relay Service (TRS), Idaho Telephone Service Assistance Program
(ITSAP), and any future reporting requirements deemed appropriate for competitive
telecommunications providers; and (3) upon CPCN issuance, filing a final and complete price list
with the Commission containing all of its rates, terms and conditions.
COMMISSION FINDINGS
Based on our review of the filing and the record in this case, the Commission finds
that the Company s filing satisfies the requirements of the Commission s Rules and Procedural
Order No. 26665. Thus, we approve Broadvox-CLEC's Application for a Certificate of Public
Convenience and Necessity to allow the Company to provide telecommunications services
within the State of Idaho subject to compliance with the Number Pool Administrator;
contribution to the USF, TRS, and ITSAP; and any future reporting requirements deemed
appropriate.
ORDER
IT IS HEREBY ORDERED that Broadvox-CLEC, LLC is granted a Certificate of
Public Convenience and Necessity to provide competitive telecommunications services within
the State ofldaho as conditioned in the body of this Order.
IT IS FURTHER ORDERED that Broadvox-CLEC, LLC file a final and complete
price list with the Commission containing all of its rates, terms and conditions no later than
fourteen (14) days from the service date of this Order.
THIS IS A FINAL ORDER. Any person interested in this 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. Idaho Code gg 61-626
and 62-619.
ORDER NO. 30820
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this o2.E f'I.
day of May 2009.
Li &;JL
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~llCo ission Secretary
O:BCL-09-01 ks2
ORDER NO. 30820