20100729final_order_no_32040.pdf

Office of the Secretary
Service Date
July 29 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF CREXENDO BUSINESS SOLUTIONS,
INc. FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE
TELECOMMUNI CA TI 0 NS SERVICES.
ORDER NO. 32040
CASE NO. CBS-IO-
On June 11 , 2010, Crexendo Business Solutions, Inc. filed an Application for a
Certificate of Public Convenience and Necessity (Certificate or CPCN) to provide resold and
facilities-based/UNE local exchange telecommunications services in the State.The
Commission s CPCN for competitive local exchange carriers (CLEC) is a registration process
for those companies intending to provide telecommunication services in Idaho.Crexendo
currently has no office located in the State of Idaho. Crexendo is incorporated in the State of
Arizona and is authorized to do business as a foreign corporation in the State ofldaho.
Crexendo intends to provide resold local exchange services and to purchase
unbundled network elements provided by existing incumbent local exchange carriers (ILECs) in
Idaho. Crexendo seeks authority to provide all forms of intrastate local exchange and
interexchange telecommunications services. Crexendo provided an illustrative tariff with its
Application providing terms and conditions for its proposed services.
Crexendo states that it will not require advanced payments or deposits and seeks a
waiver of the Commission s requirement for an escrow account for those payments. The
Company also explicitly states that it has reviewed the "laws and regulations" of this
Commission and agrees to comply with them.
On June 30, 2010, the Commission issued a Notice of Application and Notice of
Modified Procedure to establish a comment period and process for Crexendo s Application.
Staff was the only party to file written comments on July 21 2010.
Staff reviewed Crexendo Application for compliance with applicable legal
requirements for acquiring a CPCN, including the Commission s Procedural Order No. 26665
that sets forth the information that must be included in an application. The application
requirements of Order No. 26665 are now contained in Commission Rule of Procedure 114
ORDER NO. 32040
IDAPA 31.01.01.114. Staff filed comments recommending that Crexendo Business Solutions
Inc. be granted a CPCN subject to the following conditions:
(a) The Company complies with number pooling and reporting requirementsof the North American Numbering Plan Administrator, as set forth in
Commission Order No. 30425;
(b) Crexendo provides necessary reports and contributes as appropriate to the
Idaho Universal Service Fund, Idaho Telecommunications Relay System
Idaho Telecommunications Service Assistance Program, and complieswith all future reporting requirements deemed appropriate by the
Commission for competitive telecommunication providers;
(c) Prior to issuance of the Certificate, Crexendo files a final price list with all
its rates, terms and conditions with the Commission;
(d) Crexendo will 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.
COMMISSION FINDINGS
Based on our review of the filing and the record in this case, the Commission finds
that the Company s filing satisfies the requirements of the Commission Rule 114. Thus, we
approve Crexendo s Application for a Certificate of Public Convenience and Necessity to
recognize the Company will provide telecommunications services within the State of Idaho
subject to the conditions noted above, including its compliance with number pooling and
reporting requirements of the North American Numbering Plan Administrator. As a local
exchange service provider, Crexendo shall report and contribute to the Idaho Universal Service
Fund, the Idaho Telecommunications Relay System, and the Idaho Telecommunications Service
Assistance Program, and comply with all future reporting requirements deemed appropriate by
the Commission for competitive telecommunication providers. If Crexendo is not providing
local exchange service within one year of receiving its Certificate, Crexendo shall relinquish its
certificate and return its telephone numbers to NeuStar.
ORDER
IT IS HEREBY ORDERED that Crexendo Business Solutions, Inc. is granted
Certificate of Public Convenience and Necessity to provide competitive telecommunications
services within the State of Idaho, subject to the conditions listed above. The Commission will
ORDER NO. 32040
issue a Certificate of Public Convenience and Necessity to Crexendo only after it files its
completed price lists.
IT IS FURTHER ORDERED that if Crexendo is not providing local exchange
service within one year of receiving its Certificate, Crexendo shall surrender its Certificate and
Crexendo will be required to return its telephone numbers to the North American Numbering
Plan Administrator.
THIS IS A FINAL ORDER. Any person interested in this 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. Idaho Code ~~ 61-626
and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
;)..
'l1A"
day of July 2010.
Q /. D. KEMPTON , P IDENT
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFO , CO SIONER
ATTEST:
D. Jewell
Commission Secretary
bls/O:CBS-IO-OI ws2
ORDER NO. 32040