20040609Final Order No 29522.pdf

Office of the Secretary
Service Date
June 9 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
BG ENTERPRISES, INC. DBA GRIZZLY
TELEPHONE FOR A CERTIFICATE OF
PUBLI C CO NVENIEN CE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE
TELECO MMUNI CA TI 0 NS SER VI CES.
) CASE NO. BGE-O4-
ORDER NO. 29522
On March 12, 2004 BG Enterprises, Inc. dba Grizzly Telephone ("Grizzly" or
Company ) filed an Application for a Certificate of Public Convenience and Necessity
CPCN") to provide resold competitive local exchange service throughout the State of Idaho.
Grizzly is a solely owned corporation headquartered in Missoula, Montana. The Company is
incorporated in the same state. The Company obtained a Certificate of Authority to transact
business as a foreign corporation from Idaho s Secretary of State on January 24 2000.
Although the Company does not maintain an office in Idaho, it does have a registered
in-state agent. The Company stated that it has been serving Idaho customers since 2000. Grizzly
submitted its financials for the period ending February 4, 2004. Staff reviewed these documents
and believes the Company is solvent.
Grizzly proposes to provide prepaid residential local exchange service with optional
services such as Caller ID and Call Waiting. The Company does not propose to offer toll
services or collect separate deposits. The Company has obtained an interconnection agreement
with Qwest in Idaho.
Grizzly has been granted authority to provide local exchange service in states such as
Washington and Oregon. The Company stated that granting its Application for a Certificate is in
the public interest because Grizzly s entry into the local telecommunications services market will
enhance competition in Idaho.Grizzly also stated that it has reviewed the rules of this
Commission and affirms its commitment to abide by them.
On April 21 , 2004, the Commission issued Notice of Application and Notice of
Modified Procedure.Order No. 29476. In response to this Order, the Commission Staff
submitted comments on May 7, 2004.
ORDER NO. 29522
STAFF REVIEW AND RECOMMENDATION
Staff reviewed the information provided by Grizzly and believes it satisfies the
requirements of Commission Rule of Procedure 111 , IDAPA 31.01.01.111 and Procedural Order
No. 26665 issued November 7, 1996.
Application for a CPCN.
Therefore, Staff recommended approval of the
COMMISSION FINDINGS
Based on the comments, the law, and the record, the Commission grants the
Application. Accordingly, a Certificate shall be issued to BG Enterprises, Inc. dba Grizzly
Telephone.
ORDER
IT IS HEREBY ORDERED that the Application of BG Enterprises, Inc. dba Grizzly
Telephone for a Certificate of Public Convenience and Necessity is granted.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. BGE-04-
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 or interlocutory Orders previously issued in this
case. Within seven (7) days after any person has petitioned for reconsideration, any other person
may cross-petition for reconsideration. See Idaho Code ~ ~ 61-626 and 62-619.
ORDER NO. 29522
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
rJ..
day of June 2004.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Commission Secretary
O:BGET040 jh2
ORDER NO. 29522