20050110Final Order No 29680.pdf

Office of the Secretary
Service Date
January 10 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
BULLSEYE TELECOM, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE
COMPETITIVE TELECOMMUNICATIONS
SERVICES WITHIN THE STATE OF IDAHO
ORDER NO. 29680
CASE NO. BUL-04-
On October 15 , 2004, BullsEye Telecom, Inc. filed an Application for a Certificate of
Public Convenience and Necessity to provide basic resold and facilities-based local exchange
services and resold interexchange service to both residential and business customers throughout
Idaho. In the Notice of Application and Modified Procedure issued December 1 , 2004 , the
Commission sought comments regarding BullsEye Telecom s Application. Order No. 29648.
No comments were received other than those submitted by Commission Staff. In this Order the
Commission approves BullsEye s Application.
THE APPLICATION
The Application requests authority for the Company to offer basic resold and
facilities-based local exchange services and resold interexchange service to both residential and
business customers throughout Idaho. BullsEye plans to offer local exchange services through
the combination of its own facilities and an unbundled network element platform (UNE- P)
through interconnection agreements with incumbent local exchange carriers (LECs). The
Company intends to offer service immediately upon certification and approval of its
interconnection agreement.
BullsEye is a Michigan corporation authorized by the Idaho Secretary of State to
transact business in the State of Idaho. The Company is authorized to provide local exchange
and interexchange services in approximately 35 states. The Company states in its Application
that it has experience operating as a local exchange provider in several states and possesses
considerable telecommunications expertise. The Application states that BullsEye s primary
market is business customers, and they intend to provide network bundled telecommunications
services, which would include long distance service, local exchange service, and selected custom
calling features. The Company intends to offer service in the geographic areas currently served
by Qwest Corporation. The Application states that the Company will mirror the basic local
ORDER NO. 29680
calling scopes of the incumbent LECs. The Application requests waivers of any regulatory
reporting requirements that, although applicable to incumbent LECs, are not applicable to
competitive providers such as BullsEye.
STAFF COMMENTS
In its evaluation of the Company s Application, Staff determined that BullsEye
Telecom, Inc. is incorporated in the State of Michigan and headquartered in Oak Ridge
Michigan. The Company is authorized to provide local exchange and interexchange services in
35 states. A Certificate of Authority to transact business as a foreign corporation from the Idaho
Secretary of State was obtained on May 17, 2004. BullsEye has provided financial sheets for
quarters ending December 31 , 2002 and 2003 as well as the appropriate contact information for
its registered agent for service of process within Idaho.
The Company plans to offer local exchange services primarily via an unbundled
network platform. Interexchange services will be an adjunct to the local exchange services and
the Company intends to commence offering service immediately upon certification and approval
of its interconnection agreement.
Staff has reviewed the Application submitted by the Company and believes the
Company understands and agrees to comply with the Commission rules and requirements.
Based on this review, the Company s filing fulfils the requirements of the Commission Rules
and Procedural Order No. 26665. The Staff believes that the Company possesses the requisite
financial, managerial, and technical qualifications necessary to operate as a provider of
telecommunications services. Therefore, the Staff recommended approval of the Application for
a Certificate of Public Convenience and Necessity.
CO MMISSI ON FIND IN
Based upon the comments, the law, and the record, the Commission grants the
Application. When considering an application for a Certificate, the Commission must determine
if the applicant has the necessary qualifications to provide service while still fostering
competition in the local telecommunications market. Based upon our review of the filing and the
record in this case, the Commission finds that BullsEye s filing satisfies the requirements of the
Commission s Rules and Procedural Order No. 26665. Thus, we approve BullsEye Telecom
Inc.s Application for a Certificate of Public Convenience and Necessity to allow the Company
to provide telecommunications services statewide. This is consistent with our previous Orders
ORDER NO. 29680
granting statewide authority to provide telecommunications services to carriers meeting the
established requirements.
ORDER
IT IS HEREBY ORDERED that BullsEye Telecom, Inc. is granted a Certificate of
Public Convenience and Necessity to provide competitive telecommunications services within
the State of Idaho.
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 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 ~ 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this IO"f'J..
day of January 2005.
MARSHA H. SMITH, COMMISSIONER
, COMMISSIONER
ATTEST:
O:BULT0401 dw2
ORDER NO. 29680