20090514Comments.pdf

KRISTIE A. SASSER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BARNO. 6618
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20fi9l1AY 14 AM 9: 0 I
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 )
BROADVOX-CLEC, LLC FOR A CERTIFICATE)
OF PUBLIC CONVENIENCE AND NECESSITY )
TO PROVIDE LOCAL EXCHANGE )
TELECOMMUNICATIONS SERVICES. )
)
CASE NO. BCL-T-09-1
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilties Commission, by and through its
Attorney of record, Kristine A. Sasser, Deputy Attorney General, and in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 30788 on April 23, 2009 in
Case No. BCL-T-09-01, submits the following comments.
BACKGROUND
On Februar 26, 2009, Broadvox-CLEC, LLC (Broadvox) fied an Application for a
Certificate of Public Convenience and Necessity (CPCN) to provide resold and facilties-based
telecommunications services in the State of Idaho. The Company intends to provide resold and
facilties-based local exchange services using unbundled network elements, or the equivalent
thereof.
The Company initially proposes to provide resold local exchange services and to purchase
unbundled network elements, or the equivalents thereof, through interconnection or commercial
STAFF COMMENTS 1 MAY 14,2009
agreements provided by existing local exchange cariers Qwest North, Qwest South, and Verizon.
Broadvox curently has no plans to install facilties 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 is incorporated in Delaware, with authorization to do business as a foreign
limited liabilty 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 ANALYSIS
Broadvox's Application states that it intends to provide all forms of intrastate local
exchange and interexchange telecommunications services including interexchange switched and
dedicated services, local exchange services for business and residence customers, switched local
exchange services, non-switched local services, Centrex and/or Centrex-like services, DSL,
ISDN, and other high capacity line services. The ilustrative price list submitted with the
Application describes a standard residence and business line as, "a single, analog, voice-grade
telephonic communcations chanel which can be used to place or receive one call at a time."
Broadvox affirms it has reviewed the laws and regulations of the Commission governing
local exchange telecommunications services in Idaho and wil provide service in accordance with
Idaho's laws, rules and regulations.
Although the Company proposes to provide resold local exchange services in Idaho, it has
not yet initiated interconnection or resale negotiations. Broadvox intends to fie its proposed price
list establishing its proposed services and charges upon completion of an interconnection
agreement and upon receipt of certification by the Commission.
Broadvox submitted several consolidated financial statements in its Application for the
period ending December 2005 and 2006.
STAFF RECOMMENDATION
Staff has reviewed the Application by Broadvox and believes the Company understands
and agrees to comply with Commission Rule of Procedure 111 (IDAPA 31.01.01.111) and
Procedural Order No. 26665. Staff believes that the Company possesses the requisite financial,
STAFF COMMENTS 2 MAY 14,2009
managerial, and technical qualifications necessary to operate as a provider of telecommunications
services. Staff, therefore, recommends Commission approval of the Application for a Certificate
of Public Convenience and Necessity subject to the following conditions:
1. Compliance with the Number Pool Administrator and Idaho Commission Order No.
30425 mandating number resource utilzation/forecast (NRUF) reporting requirements;
2. Contribution to the Idaho Universal Service Fund (USF), Idaho Telecommunications
Relay Service (TRS), Idaho Telephone Service Assistace 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.
Respectfully submitted this Itv'Ø day of May 2009.
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Kri ne A. Sasser
Deputy Attorney General
Technical Staff: Grace Seaman
i: umisc:commentsclt09.1 ksgs
STAFF COMMENTS 3 MAY 14,2009
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 14TH DAY OF MAY 2009,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. BCL-T-09-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
LANCE J M STEINHART PC
ATTORNEY
1720 WINDWARD CONCOURSE
STE 115
ALPHARETTA GA 30005
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SECRETARY
CERTIFICATE OF SERVICE