HomeMy WebLinkAbout20080328Decision memo.pdfDECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:NEIL PRICE
DEPUTY ATTORNEY GENERAL
DATE:MARCH 20, 2008
SUBJECT:APPLICATION OF BUDGET PREPAY, INC. D/B/A BUDGET PHONE
COMP ANY FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY; CASE NO. BPP-07-
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. Thereafter, 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 J in the state ofldaho.
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
DECISION MEMORANDUM
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-
COMMENTS
Staff reviewed Budget'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 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 recommends that the Commission approve Budget's Application for a Certificate of Public
Convenience and Necessity.
COMMISSION DECISION
Does the Commission wish to approve Budget PrePay, Inc. dba Budget Phone
Application for a Certificate of Public Convenience and Necessity to provide facilities-based and
resold local exchange telecommunications services within the State of Idaho?
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il Price
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Deputy Attorney General
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DECISION MEMORANDUM