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HomeMy WebLinkAbout20080926Decision Memo.pdfDECISION MEMORANDUM TO:COMMISSIONER REDFORD CO MMISSI 0 NER SMITH CO MMISSI 0 NER KEMPTON COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:NEIL PRICE DEPUTY ATTORNEY GENERAL DATE:SEPTEMBER 11, 2008 SUBJECT:APPLICATION OF BLC MANAGEMENT LLC DBA ANGLES COMMUNICATION SOLUTIONS FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, CASE NO. BLC-08- On July 1 , 2008, BLC Management LLC dba Angles Communication Solutions BLC" or "Company ) filed an Application for a Certificate of Public Convenience and Necessity pursuant to Idaho Code ~~ 61-526 through 528 , IDAPA 31.01.01.111 and Commission Order No. 26665 to provide local exchange telecommunications services within the State of Idaho. Application at 1. Thereafter, the Commission set apart September 10, 2008 as the deadline for comments regarding BLC's Application. See Order No. 30626. Commission Staff was the only party to file comments in this case. THE APPLICATION BLC is a Tennessee corporation and lists its principal place of business as Arlington Tennessee. Id. at 2. The Company is registered with the Idaho Secretary of State as a foreign limited liability company and lists TCS Corporate Services, Inc. 5481 Kendall Street, Boise Idaho 83706 as its Idaho registered agent for service. Id. The Company states that it "initially proposes to provide resold local exchange services and to purchase unbundled network elements provided by existing LECs: Qwest North Qwest South, and Verizon.Id. at 4. BLC has not installed facilities in Idaho and has no current plans to do so but adds that it "may do so in the future.Id. BLC states further that it intends to offer "all forms of intrastate local exchange and interexchange telecommunications. . .Id. at 4-5. The Company will offer resold and DECISION MEMORANDUM facilities-basedlUNE interexchange and local exchange telecommunications services in all areas in Idaho that are currently being served by incumbent local exchange carriers. Id. at 5. The Company will not offer services in areas being served by local exchange carriers who qualify for the small or rural carrier exemption under Section 251 ofthe federal Telecom Act of 1996. Id. The Application states that BLC has not initiated negotiations for resale or interconnection agreements. Id. at 8. The Company s Application does not seek authority to institute an escrow account because it will not require advanced payments or deposits from its customers. Id. BLC's Application included a Profit and Loss Statement for the period ending December 31 , 2007 and a Balance Sheet as of December 31 , 2007. An illustrative tariff was also included with the Application, demonstrating the Company understanding of tariff requirements and processes. ST AFF COMMENTS Staff reviewed BLC's Application and determined that the Company has complied with the requirements of Procedural Order No. 26665 and IDAPA 31.01.01.111 and 112 (Rules 111 and 112). Staff believes the Company possesses the requisite financial , managerial, and technical qualifications necessary to effectively operate as a telecommunications provider within the State ofIdaho. Staff also believes that the Company s illustrative price list comports with the Commission s Rules and Order No. 26665. Based upon its review, Staff recommends that the Commission approve BLC's Application for a Certificate of Public Convenience and Necessity. COMMISSION DECISION Does the Commission wish to approve the Application of BLC Management LLC dba Angles Communication Solutions for a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services within the State of Idaho? Deputy Attorney General M:BLC-O8-np2 DECISION MEMORANDUM