20080417final_order_no_30534.pdf

Office of the Secretary
Service Date
Aprill?2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
BUDGET PREPAY, INc. DBA BUDGET
PHONE FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE AND
TELECOMMUNICATIONS SERVICES
CASE NO. BPP- T -07-
ORDER NO. 30534
On November 14, 2007, Budget PrePay, Inc. dba Budget Phone ("Budget") filed an
Application for a Certificate of Public Convenience and Necessity to provide facilities-based and
resold local exchange telecommunications services in the State of Idaho pursuant to Commission
Order No. 26665. Idaho Code 99 62-604 and 62-615; Order No. 26665; IDAPA 31.01.01.111.
Subsequently, the Commission set apart February 25 , 2008 as the deadline for comments
regarding Budget's Application. See Order No. 30496. Commission Staff was the only party to
submit comments regarding Budget's Application.
THE APPLICATION
Budget is a Louisiana corporation and lists its principal place of business as Bossier
City, Louisiana. Application at 1. The Company is registered with the Idaho Secretary of State
as a limited liability company and lists TCS Corporate Services, 5527 Kendall Street, Boise
Idaho 83706, as its Idaho registered agent for service. Id. at 2.
Budget states that the Company "is in good standing under the laws of the state of
Louisiana" and that it is "authorized to do business as a foreign (Company) in the state ofIdaho.
Id. Applicant initially proposes to provide resold local exchange services and to purchase
unbundled network elements provided by. . . Qwest North, Qwest South and Verizon.Id. at 4.
Budget does not currently own facilities or property in Idaho and "has no current
plans to install facilities in Idaho. . .Id. at 4. The Company states that it does not intend to
service areas already serviced by LECs that qualify as small or rural local exchange carriers
under Section 251 of the Federal Telecom Act of 1996. Id. at 4-5. The Company has also
provided the Commission with the appropriate financial information; map of its proposed service
territory in Idaho; and illustrative tariffs. See id. at 6, Exhibits 3-
ORDER NO. 30534
ST AFF COMMENTS
Staff reviewed Budget's Application and determined that the Company has complied
with the requirements of Procedural Order No. 26665 and IDAP A 31.01.01.111 and 112 (Rules
111 and 112). Staff believes that the Company possesses the requisite financial, managerial , and
technical qualifications necessary to operate effectively as a telecommunications provider within
the State of Idaho. Staff noted that the Company provided audited financial statements for 2006
and 2007 and an illustrative tariff with its Application, demonstrating a fundamental
understanding of the Commission s tariff requirements and procedures. Based upon its review
Staff recommended that the Commission approve Budget's Application for a Certificate of
Public Convenience and Necessity.
COMMISSION FINDINGS
Based upon our review of the filing and the record in this case, the Commission finds
that Budget's filing satisfies the requirements of the Commission s Rules and Procedural Order
No. 26665. Thus, we approve Budget's Application for a Certificate of Public Convenience and
Necessity to allow the Company to provide telecommunications services within the State
Idaho.
ORDER
IT IS HEREBY ORDERED that the Application of Budget PrePay, Inc. dba Budget
Phone for a Certificate of Public Convenience and Necessity is granted to enable the Company to
provide facilities-based and resold local exchange telecommunications services in the State of
Idaho.
THIS IS A FINAL ORDER. Any person interested in the Order 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. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
ORDER NO. 30534
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this 17-110-
day of April 2008.
ARSHA H. SMITH, COMMISSIONER
ATTEST:
~~
AI
D. Jewel
Commission Secretary
O:BPP-07-np2
ORDER NO. 30534