20180223final_order_no_33995.pdf

Office of the Secretary
Service Date
February 23,2018
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF BIRCH )COMMUNICATIONS,INC.'S APPLICATION )CASE NO.BIR-T-18-01
FOR A CERTIFICATE OF PUBLIC )CONVENIENCE AND NECESSITY )
)ORDER NO.33995
On November 28,2017,Birch Communications,Inc.(Birch)applied to the
Commission for a Certificate of Public Convenience and Necessity (Application)(CPCN)
authorizing it to provide local and long distance telecommunications service in Idaho.The
Commission issued a Notice of Application and Notice of Modified Procedure with a 21-day
comment period.Order No.33968.Commission Staff was the only party to file written
comments.After reviewing the Application and comments,the Commission approves the
Application.
THE APPLICATION
Birch is a Georgia corporation,authorized to do business in Georgia and is located at
320 Interstate North Pkwy SE,Atlanta,GA 30339.The Company is registered with the Idaho
Secretary of State.The Company seeks authority to offer resold local exchange and long
distance services within the State of Idaho.Application at 1.Birch stated that it plans to provide
service to "large business customers"in the incumbent local exchange carrier (ILEC)territories
of CenturyLink and Frontier utilizing "a mix of its own facilities (located in other states),
unbundled network elements ('UNEs')or UNE-replacement services from ILECs,and other
ILEC-provided services ...."Id.at 4.Birch agreed to comply with all Commission rules.
STAFF COMMENTS
Staff reviewed Birch's Application and supplemental filings for compliance with the
applicable legal requirements for obtaining a CPCN.Based on its review,Staff believes the
Company understands and agrees to comply with the Commission's rules and requirements.
Staff believes Birch has fulfilled all requirements for a CPCN and recommended approval of the
Company's Application.
DISCUSSION AND FINDINGS
Based on our review of the record,includingthe Company's Application and Staff's
comments,we find that the Company's Application complies with the requirements for a CPCN.
ORDER NO.33995 1
Rule of Procedure l14 sets forth the requirements that competitive local exchange carriers -such
as Birch -must satisfy to obtain a CPCN.IDAPA 31.01.01.114.We find that Birch has
provided all needed information in its Application,including financial information,and that
Birch possesses the requisite financial,managerial,and technical qualifications needed to operate
as a telecommunications service provider.We also find that the Company is aware of and has
agreed to comply with this Commission's rules.For these reasons,we approve Birch's
Application for a CPCN subject to the followingconditions:
1.Birch shall comply with number pooling and reporting requirements of the
North American Numbering Plan Administrator,as set forth in
Commission Order No.30425;
2.Birch shall provide necessary reports and contributions as appropriate to
the Idaho Universal Service Fund,Idaho Telecommunications Relay
System,Idaho Telecommunications Service Assistance Program,and shall
comply with all future reporting requirements deemed appropriate by the
Commission for competitive telecommunications providers;and
3.Prior to issuance of the Certificate,Birch shall file a final price list
outlining all its rates,terms and conditions with the Commission,pursuant
to IDAPA 31.01.01.133 and Order No.26665.
ORDER
IT IS HEREBY ORDERED that Birch Communications,Inc.'s Application for a
CPCN is granted subject to the conditions outlined above.
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.Within seven (7)
days after any person has petitioned for reconsideration,any other person may cross-petition for
reconsideration.See Idaho Code §62-619.
ORDER NO.33995 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of February 2018.
PAÚL KJELÈAÑDER,PRESIDENT
KRIS I E RAPER,C NÏMIŠSIONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane M.Hanian
Commission Secretary
1:\Legal\LORDERS\BIRTl80Ise FINAL.doc
ORDER NO.33995 3