20041230Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:DONOVAN E. WALKER
DATE:DECEMBER 29, 2004
SUBJECT:APPLICATION OF BULLSEYE TELECOM, INC. FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY, 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 services 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.
THE APPLICATION
The Application requests authority for the Company to offer basic resold and
facilities-based local exchange services and resold interexchange services to both residential and
business customers throughout Idaho. BullsEye plans to offer local exchange services through
the combination of it own facilities and an unbundled network element platform (UNE-
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 cprporation 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 36 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
DECISION MEMORANDUM
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
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
te~ecommunications services. Therefore, the Staff recommends approval of the Application for a
Certificate of Public Convenience and Necessity.
COMMISSION DECISION
Does the Commission with to approve BullsEye Telecom Inc.s Application for a
Certificate of Public Convenience and Necessity?
Donovan E. Walker
DECISION MEMORANDUM