20101201Voluntary Relinquishment.pdf

GJ~;~ HElEIN &. .~ ". M/\RA,SHLIAN,
THE COIF;¡LAW GROUP
20m OEC - \ AM 8: 30
November 24, 2010 \ r) 11. rJi ()
:ITn~\T\ES
Jean Jewell
Commission Secretary
Idaho Public Utilties Commission
P.O. Box 83720
Boise, Idaho 83720-0074
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Inc.ofCPCN
Dear Ms. Jewell:
On behalf of inqontact,Inc. d/b/a UCN("inContactjrthisletterrespondsto the Idaho Public Utilities
..' Commission'si;Ç:'~UC",~.r"conimiSSi?n'')letter. date? NoVemb~r?,..20 10. .... Thrrein, theCommission
requested thatinContact voluntarily relinquish its Certificate' of Public Convenience and Necessity
("CPCN" or "Certificate''). The Commission's request resulted from an investigation of service
providers with CPCNs in Idaho, seeking to confirm that all such providers "are actually providing
basic local exchange service to customers in Idaho" pursuant to Order No. 32059, Case No. TIM-T-
08-01, issued August 27,2010, p. 11.
Based upon the Commission's interpretation of the types of service for which a CPCN is required, or
for which the Commission has authority to issue a CPCN, as discussed in Order No. 32059, and
subject to the conditions discussed below, inContact hereby relinquishes its CPCN to provide basic
local exchange service in the state of Idaho.
To relinquish its Certificate, inContact requires adequate assurances from the Commission, in
writing, that it need not maintain a CPCN to provide its services in Idaho. Without such written
confirmation, inContact fears it wil have diffculty interconnecting with Local Exchange Carriers
("LECs'') or obtaining telephone numbers from NANPA. Therefore, inContact agrees to relinquish its
Certificate voluntarily on the express condition that it first obtain a written letter from the
Commission confirming that it is not required to maintain a CPCN to provide its services in Idaho,
and in fact, the Commission cannot issue it a Certificate to provide such services.
Furthermore, inContact relinquishes its CPCN with the understanding that it may continue to provide
its access lines in Idaho for the purpose of providing data services without the Certificate. And,
inContact understånds that itwill not be penalized for informing the Commission that it has not been
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providing "basic local exchange service" in Idaho despite holding a CPCN. Subject to these
qualifications, inContact hereby relinquishes its CPCN to the Idaho PUc. Such relinquishment shall
become effective upon receipt of written confirmation of the Commission's aforementioned letter.
Should you have any questions regarding this matter, please contact the undersigned.
lsi Jacqueline R. Hankins
Cc: Carolee Hall
Telecom Analyst
Carolee. ha II (Çpuc. ida ho.gov