20121031Comments.pdf

PF/ -fl KARL T. KLEIN
DEPUTY ATTORNEY GENERAL 21112 OCT 31 IDAHO PUBLIC UTILITIES COMMISSION
P0 BOX 83720 IDAHO PUBLK
BOISE, IDAHO 83720-0074 UTILiTIES COMM:tSS!G
[phone]
IDAHO BAR NO. 5156
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 )
CINCINNATI BELL ANY DISTANCE INC. FOR CASE NO. BWT-T-12-01
A CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY TO PROVIDE LOCAL )
EXCHANGE TELECOMMUNICATIONS ) COMMENTS OF THE
SERVICES. ) COMMISSION STAFF
The Staff of the Idaho Public Utilities Commission comments as follows on Cincinnati
Bell Any Distance Inc.'s Application for a Certificate of Public Convenience and Necessity
("CPCN").
BACKGROUND
On April 12, 2012, Cincinnati Bell Any Distance Inc. ("CBAD" or "Company") applied
for a CPCN allowing it to provide resold and facilities-based local exchange telecommunications
service to business customers in Idaho. Application at 1.
CBAD states it has a nationwide coverage agreement with Access Point, Inc., and it
intends to negotiate interconnection agreements with CenturyLink QC ("CenturyLink") or other
carriers. Id. at 6. CBAD will offer services throughout Idaho, and will compete with the
incumbent local exchange carrier, CenturyLink, and with many competitive local exchange
carriers ("CLECs"). Id. at 4.
STAFF COMMENTS 1 OCTOBER 31, 2012
STAFF ANALYSIS
CBAD is a Delaware corporation that has its principal place of business in Cincinnati,
Ohio. The Company does not have a business address in Idaho; its registered agent for service in
Idaho is Corporate Service Company. A subsidiary of Cincinnati Bell Inc., Cincinnati Bell
Technology Solutions Inc., owns 100% of CBAD's outstanding shares. Id. 2-3. In the
Application, the Company states it is a "CLEC in each of the continental United States with the
exception of South Dakota, Montana and Vermont." Id. at 1.
CBAD intends to offer services to business customers only. "Services will include, but
not be limited to, resold local and long distance services, transport services, IP services, Internet
access, and calling features, among other services." Id. at 4.
CBAD states it has provided long-distance services in Idaho since 2003. Id. at 1. The
Company now seeks to provide competitive local exchange services to business customers only,
using resold services from the underlying incumbent local exchange carrier or other authorized
carriers. Services to be provided include "resold local and long distance services, transport
services, IP services, Internet access, and calling features, among other services." CBAD may
also provide services using its own facilities, or a combination of resold and facilities-based
services. Id. at 4.
With the Application, the Company provided a copy of the Certificate of Incorporation,
Certificate of Authority from Idaho Secretary of State, and financial documents consisting of
Balance Sheets as of December 31, 2010 and 2011, and Income Statement for year ended
December 31, 2011. Au. A and Confidential Aft. C. CBAD states that it has reviewed and
agrees to comply with all Commission rules. Id. at 6.
STAFF RECOMMENDATION
Staff has reviewed CBAD's Application. Based on the review, Staff believes the
Company understands and agrees to comply with the Commission's rules and requirements.
Staff also believes the Company's filing meets the requirements specified in the Commission's
Rules of Procedure, IDAPA 31.01.01.114 and Commission Order No. 26665. Staff believes that
CBAD possesses the requisite financial, managerial, and technical qualifications necessary to
operate as a provider of telecommunications services. Staff thus recommends that he
Commission approve the Application subject to the following conditions:
STAFF COMMENTS 2 OCTOBER 31, 2012
1.The Company must comply with the number pooling and reporting requirements of
the North American Numbering Plan Administrator;'
2.CBAD must provide necessary reports and contribute as appropriate to the Idaho
Universal Service Fund,2 Idaho Telecommunications Relay System,3 Idaho Telecommunications
Service Assistance Program,4 and comply with all future reporting requirements deemed
appropriate by the Commission for competitive telecommunications providers;
3.Before the Commission issues the Certificate, the Company must file a final price list
with all rates, terms, and conditions with the Commission;5 and
4.CBAD must relinquish its Certificate and all telephone numbers if, within one year of
issuance of a CPCN, the Company is not providing local exchange telecommunications services
in Idaho as defined by Idaho Code § 62603(l).6
Respectfully submitted this 7) ' day of October 2012.
~ a, //Z_
Karl T. Klein
Deputy Attorney General
Technical Staff: Grace Seaman
i:umisc/comments/bwtt12. 1 kkgs comments
'See Commission Order No. 30425.
2 See Commission Order No. 32637.
See Commission Order No. 32524.
' See Commission Order No. 32526.
See IDAPA 31.01.01.133 and Order No. 26665 at 10.
6 Basic local exchange service means the provision of access lines to residential and small business customers with
the associated transmission of two-way interactive switched voice communication within a local exchange calling
area.
STAFF COMMENTS 3 OCTOBER 31, 2012
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 31 DAY OF OCTOBER 2012,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. BWT-T-12-0I, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
KATHY CAMPBELL
SCOTT RINGO
CINCINNATI BELL ANY DIST
221 E4TH ST ROOM 1280
CINCINNATI OH 45201
jT &)& SECRETAR1
CERTIFICATE OF SERVICE