20100318final_order_no_31030.pdf

Office of the Secretary
Service Date
March 18 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
BROAD VIEW NETWORKS, INc. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS
SERVICES
CASE NO. BVN- T -09-
ORDER NO. 31030
On November 13 , 2009, Broadview Networks, Inc. ("Broadview" or "Company
filed an Application for a Certificate of Public Convenience and Necessity ("CPCN"), pursuant
to Title 62 of the Idaho Code ! and IDAPA 31.01.01.111 , to provide local exchange
telecommunications services within the state of Idaho. Application at 1.
On February 4, 2010, Broadview filed a revised proposed tariff. On February 17
2010, the Commission issued a Notice of Application and Modified Procedure with a 2I-day
comment period. See Order No. 31008. Commission Staff was the only party to submit
comments regarding Broadview s Application.
THE APPLICATION
Broadview is a New York corporation and lists its principal place of business as Rye
Brook, New York. Id. at 2. Broadview is registered with the Idaho Secretary of State as a
foreign limited liability company and lists CT Corporation Service, 1111 W. Jefferson, Suite
530, Boise, Idaho 83702, as its Idaho registered agent for service. Id. Broadview has received
authority to provide local and/or interexchange services in the states of California, Connecticut
Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New
Jersey, Nevada New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina
Tennessee, Texas, Vermont, Virginia and Washington; and the District of Columbia. Id. at 1.
Broadview requests "authority to allow the company to offer its customers facilities-
based and resold competitive local exchange telecommunications and interexchange
telecommunications services throughout the entire State of Idaho, or to the extent the facilities of
its underlying carriers permit." Id. at 2. Broadview states that it does not anticipate installing
physical plant, fiber optic or copper cables within the state. Id. at 2. The Company may
I Broadview s Application requests a CPCN pursuant to Title 62 of the Idaho Code. However, the Commissionissues CPCNs to telephone corporations pursuant to Title 61 of the Idaho Code.
ORDER NO. 31030
collocate switching, signaling systems and other equipment of ILEC and non- ILEC collocation
facilities such as carrier hotels, and may lease capacity on fiber circuits from other carriers.Id.
Broadview will focus on providing service to small and medium-sized businesses and
residential customers. Id. at 5. Initially, the Company plans to "offer basic two-way local
residential and business service, supplemented by a variety of customer calling services (i.
three-way calling, call forwarding, call waiting, distinctive ringing, and speed calling) and
CLASS features (i., caller I.E., automatic redial/recall, and customer-originated trace).Id.
the future, Broadview envisions an expansion of these services "to include advanced
telecommunications services, data services and private line services throughout the service area
of the incumbent provider(s).Id.
Broadview s proposed Idaho service territory is likely to include areas being served
by ILECs Qwest North, Qwest South and Verizon Northwest. Id. The Company has yet to
initiate negotiations with ILECs in Idaho. Id. at 8. The Applicant affirms that it has "reviewed
all of the Commission s rules applicable to competitive local exchange telecommunications
service providers and agrees to comply with those rules except to the extent that any such rules
are explicitly waived generically for carriers in the same class.Id. at 9
STAFF COMMENTS
Staff reviewed Broadview s Application and determined that the Company has
complied with the requirements of Procedural Order No. 26665 and IDAPA 31.01.01.111
(Commission Procedural Rule 111). See Staff Comments at 3. Staff believes that Broadview
possesses the requisite financial, managerial, and technical qualifications necessary to operate as
a telecommunications provider within the state of Idaho. Id.
Based upon its review, Staff recommended the Company be granted a CPCN subject
to the following conditions: (1) compliance with the Number Pool Administrator and Order No.
30425 mandating number resource utilization forecast (NRUF) reporting requirements; (2)
contribution to the Idaho Universal Service Fund, Idaho Telecommunications Relay System
(TRS), Idaho Telephone Assistance Program (ITSAP) and any future reporting requirements
deemed appropriate for competitive telecommunication providers; (3) filing a final and complete
price list with the Commission containing all of its rates, terms and conditions; and (4) the
Company shall relinquish its Certificate and any telephone numbers if, within one year of the
issuance of its CPCN, the Company is not offering telecommunications services in Idaho. Id.
ORDER NO. 31030
COMMISSION FINDINGS
Based upon our review of Broadview s Application and the record in this case
including Staffs comments regarding the importance of securing the Company s compliance
with all federal and state guidelines pertaining to the Idaho area code, the Commission finds that
Broadview s filing satisfies the requirements of the Commission s Rules and Procedural Order
No. 26665. Thus, we approve Broadview s Application for a Certificate of Public Convenience
and Necessity, subject to the conditions detailed in Staffs submitted comments, to allow the
Company to provide local exchange telecommunications services in the state of Idaho.
ORDER
IT IS HEREBY ORDERED that the Application of Broadview Networks, Inc. for a
Certificate of Public Convenience and Necessity to provide local exchange telecommunications
services within the state of Idaho is granted.
IT IS FURTHER ORDERED that the Company s Certificate of Public Convenience
and Necessity shall be subject to the following conditions: (1) compliance with the Number Pool
Administrator and Order No. 30425 mandating number resource utilization forecast (NRUF)
reporting; (2) contribution to the Idaho Universal Service Fund, Idaho Telecommunications
Relay System (TRS), Idaho Telephone Assistance Program (ITSAP) and any future reporting
requirements deemed appropriate for competitive telecommunication providers; (3) filing a final
and complete price list with the Commission containing all of its rates, terms and conditions; and
(4) an agreement from the Company to relinquish its Certificate and any telephone numbers if
within one year of the issuance of a CPCN, the Company is not offering local exchange
telecommunications services in 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 ~ 61-
626.
ORDER NO. 31030
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this If:
day of March 2010.
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D. KEMPT , P SIDENT
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MARSHA H. SMITH, COMMISSIONER
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MACK A. REDFORD, COMMISSIONER
ATTEST:
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D. Jewell
Commission Secretary
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ORDER NO. 31030