20100310Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
(208) 334-03 14
IDAHO BAR NO. 6864
t\/ f\
2010 M~,R l 0 AM 9: 36
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF 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 )
)
CASE NO. BVN- T -09-01
COMMENTS OF THE
COMMISSION STAFF
The Staff of the Idaho Public Utilties Commission, by and through its Attorney of
Record, Neil Price, Deputy Attorney General, in response to the Notice of Application and
Notice of Modified Procedure, issued on February 17,2010, Order No. 31008, submits the
following comments.
BACKGROUND
On November 13,2009, Broadview Networks, Inc. ("Broadview" or "Company") filed
an Application for a Certificate of Public Convenience and Necessity, pursuant to Title 61 of the
Idaho Code and IDAP A 31.01.01. 111, to provide local exchange telecommunications services
within the State of Idaho.
Broadview requests authority to allow the Company to offer its customers facilities-based
and resold competitive local exchange and interexchange telecommunications services
STAFF COMMENTS 1 MARCH 10,2010
throughout the entire State of Idaho, or to the extent the facilties of its underlying cariers
permit.
Broadview states that it does not anticipate installng physical plant, fiber optic or copper
cables within the state. The Company may "collocate switching, signaling systems and other
equipment ofILEC and non-ILEC collocation facilties such as carrier hotels, and may lease
capacity on fiber circuits from other cariers."
Broadview wil focus on providing service to small and medium-sized businesses and
residential customers. Initially, the Company plans to offer basic two-way local residential and
business service, supplemented by a variety of customer callng services (i.e., three-way callng,
call forwarding, call waiting, distinctive ringing, and speed callng) and CLASS features (i.e.,
caller I.E., automatic redial/recall, and customer-originated trace).
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)."
Broadview's proposed Idaho service territory wil include areas being served by ILECs
Qwest North, Qwest South and Verizon Northwest. The Company has yet to initiate
negotiations with ILECs in Idaho.
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.
STAFF ANALYSIS
On November 13,2009, the Company fied its original price list with its Application.
Staff attempted to contact the Company many times regarding revisions that needed to be made.
On Januar 13,2010, the Company contacted Staff to discuss the revisions needed to bring the
price list into compliance with Commission's Rules and Idaho Statute. On January 26, 2010,
Staff sent a follow-up letter to the Company outlining each revision that was needed before any
further action could take place with the filing.
On Februar 3, 2010, the Company fied its final price list with instructions to replace the
original price list filed on November 13,2009. Staff complied with the Company's request after
reviewing the updated filing.
STAFF COMMENTS 2 MARCH 10,2010
RECOMMENDATIONS
Staff recommends that Broadview Networks, Inc., be granted a CPCN subject to the
following conditions:
1. The granting of this Certificate wil be conditioned upon the Company complying
with the Number Pool Administrator and Idaho Commission Order No. 30425, which
requires NRUF and Utilzation reporting.
2. As a provider of intrastate regulated local exchange services and in accordance with
the Commission's Rules of Procedure, Broadview wil be required to report and
contribute, as appropriate, to the Idaho Universal Service Fund, Idaho
Telecommunications Relay System, ITSAP and any requisite anual reporting that
may be deemed appropriate in the future for competitive telecommunications
providers.
3. Upon issuance of the Certificate, Broadview shall fie a completed and final price list
with all rates, terms and conditions to have on fie with the Commission.
4. If Broadview is not actively doing business in Idaho one year after the issuance of its
Certificate, the Company shall relinquish its Certificate until such time as it is ready
to perform Telecommunications services in Idaho.
Respectfully submitted this / D~ay of March 2010.
N~
Neil Price
Deputy Attorney General
Technical Staff: Carolee Hall
i: umisc: comments/vnt09. i npch comments
STAFF COMMENTS 3 MARCH 10,2010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 10TH DAY OF MARCH 2010,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. BVN-T-09-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
ARTGAIRO
SR VICE PRESIDENT
BROADVIEW NETWORKS INC
2100 RENAISSANCE BLVD
KING OF PRUSSIA PA 19406
E-MAIL: agairo~broadview.net
~~
SECRETAR
CERTIFICATE OF SERVICE