20180209Comments.pdf

SEAN COSTELLO
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720.0074
[phone]
IDAHO BAR NO. 8743
RECEIVED
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Street Address for Express Mail
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER O['BIRCH
COMMUNICATIONS, INC.'S APPLICATION
FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
CASE NO. BIR.T.18.O1
COMMENTS OF THE
COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission, by and through its Attorney of
record, Sean Costello, Deputy Attomey General, submits the following comments.
BACKGROUND
On November 28,2017, Birch Communications, Inc. ("Birch" or 'oCompany") 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 pursuant to
IDAPA 31.01.01 .ll4 and Commission OrderNo. 26665.
STAFF ANALYSIS
Birch is a Georgia corporation, authorized to do business in Georgia and is located at 320
Interstate North Pkwy SE, Atlanta, GA 30339. It is registered with the Idaho Secretary of State
and its Foreign Certificate of Registration is attached to the December 19,2017, Supplement to
its Application.
Birch proposes, and requests authority, to offer resold local exchange and interexchange
services statewide within the State of Idaho. Application at l. Birch states that it plans to
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ISTAFF COMMENTS FEBRUARY 9, 2OI 8
provide service to "large business customers" in the incumbent local exchange carrier (ILEC)
territories of Centurylink and Frontier, with which it has interconnection agreements, 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
will be providing service to multi-line business customers that are currently served by Ionex
Communications North Inc. (Ionex). Ionex will continue to serve residential and single line
business customers under Certificate No. 514.
Birch provided its Articles of Incorporation, names and addresses of Offrcers and
Directors, as well as financial information, which it asserts is exempt from public disclosure
pursuanttoRule 67. See ExhibitsA-C;IDAPA3l.01 .01,067. OnJanuary30,2018,Birch
supplemented its Application by filing its proposed Idaho Local and Interexchange Services
Tariff and Access Services Tariff.
Finally, Birch agrees to comply with all applicable Commission rules. Id. at 6.
RECOMMENDATION
Staff has reviewed Birch's Application for a CPCN and believes the Company
understands and agrees to comply with the Commission rules and requirements. Based on this
review, Staff believes Birch's Application fulfills the requirements of the Commission Rules and
Procedural Order No. 26665. Staff also believes Birch possesses the requisite financial,
managerial, and technical qualifications necessary to operate as a provider of
telecommunications services.
Stafl therefore, recommends approval of the Application for a CPCN subject to the
following conditions:
l. Birch must comply with the number pooling and reporting requirements of the North
American Numbering Plan Administrator; I
2. Birch must provide necessary reports and contribute, as appropriate, to the Idaho
Universal Service Fund,2 Idaho Telecommunications Relay System,3 Idaho
Telecommunications Service Assistance Program,4 and comply with all future
reporting requirements deemed appropriate by the Commission for competitive
telecommunications providers; and
I See Commission Order No. 30425.
2 See Commission Order No. 32637.
3 See Commission Order No. 32524.
a See Commission Order No.32526.
2STAFF COMMENTS FEBRUARY 9,2018
3. Prior to issuance of the Certificate, Birch must file a final price list outlining all its
rates, terms and conditions with the Commission.s
Respectfully submitted this ?e*rof February 2018.
Sean Costello
Deputy Attomey General
Technical Staff: Daniel Klein
i:umisc/comments/birtl 8. I scdk comments
5 ,See Birch Application Second Supplement; IDAPA 31.01.01.133 and Order No. 26665 at 10.
STAFF COMMENTS 3 FEBRUARY 9,2018
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 9TH DAY oF FEBRUARY 2018,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF', IN
CASE NO. BIR-T-I8-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID, TO
THE FOLLOWING:
ANGELA COLLINS
CAHILL GORDON & REINDEL
I99O K ST NW STE 950
WASHINGTON DC 20006- I I 8I
E-MAIL: acollins@).cahill.com
CERTIFICATE OF SERVICE