20041005Letter from Commission.pdf

IDAHO Dirk Kempthorne,GovemorPUBLICUTILITIES
A commission P.O.Box 83720,Boise,Idaho 83720-0074
Paul Kjellander,President
Marsha H.Smith,CommissionerDennisS.Hansen,Commissioner
October 5,2004
Mr.Brad S.Macdonald
Friend,Hudak &Harris,LLP
Three Ravinia Drive,Suite 1450
Atlanta,Georgia 30346-2117
EMAIL:bmacdonald fh2.com
RE:Charter Fiberlink ID-CCVII,LLC.Case Number CFI-T-04-01.
Dear Mr.Macdonald:
On March 25,2004,Charter Fiberlink JD -CCVII,LLC filed its original applicationrequestingCommissionapprovalforaCertificateofPublicConvenienceandNecessity(CPCN).However,in its filing the Company indicated that its primary services were going to be data and"at a later date",voice.
Followingmany discussions regarding the service offerings to be provided by theCompany,a new filing was submitted on July28,2004.This new filing was to replace theMarch25thfilinginitsentirety.In its new filing,the Company states that it is seekingauthorizationto"provide facilities based and resold local exchange telecommunications and datacommunicationsserviceswithintheStateofIdaho."After reviewing the July 28th
has the followingconcerns,recommendations and corrections that will need to be resolvedbeforewecanproceedfurtherwiththisApplicationprocess.
CONCERNS
On original sheet number 27,section 4,I notice that only high capacity loops (DS1,DS3,OC 3,OC 12 and OC 48)are listed here.By generic definition,these loops are used for digitaldatatransmissionservicesthatoperateoverfiberopticlinesatahightransmissionspeed.Moreover,the rates listed for these facilities are all Individual Case Base (ICB).I also noticethattherearenoratesorservicesthatreflectbasiclocalexchangeservices,which by definition
is:
...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.
(Idaho Code 62-603(1)).Emphasis added.
Located at 472 West WashingtonStreet,Boise,ldaho 83702
Telephone:[phone] Facsimile:[phone]
Mr.Brad S.Macdonald
October 5,2004
Page 2
"Residential customers"shall mean persons to whom telecommunication
services are furnished at a dwelling and which are used for personal or
domestic purposes and not for business,professional or institutional
purposes.(Idaho Code 62-603(9)).
"Small business customer"shall mean a business entity,whether anindividual,partnership,corporation or any other business form,to whom
telecommunication services are furnished for occupational,professional orinstitutionalpurposes,and which business entity does not subscribe to
more than five (5)access lines which are billed to a single billinglocation.(Idaho Code 62-603(11)).
It was my understanding that the above issues would be addressed with this filing.AsdiscussedinmyJune2004e-mail,I would have been more inclined to recommend approval for
a Certificate if the Company was going to offer basic local exchange service instead of being adatalocalexchangecarrier(DLEC).After reviewing this Application,I am still inclined to
recommend denial of this Application,as it does not comport with the statutory definition of
basic local exchange service.
APPLICATION
1.On page 2 of the Application as well as the Title page of the price list,please provide
a toll-free telephonenumber for Complaint resolution.
TARIFF/PRICE LIST
1.Original Sheet No.11,Section 1.1.1
The Companyprovides telecommunications services to business and carrier
Customers.
By definition,a Carrier customer is a carrier that orders exchange access or retail servicesfromtheCompany.(See Original Sheet No.8)
If this is a company to company arrangement,then this would be an InterconnectionAgreementbetweenCompaniesandshouldnotbeinthistariff.Please also note that thisCommissiononlyregulatesbusinesseswithFIVEorFEWERlines.Please remove this
section.
2.Original Sheet No.11,Section 2.4 -Limitations of Service
Please add language that indicates that services may be denied for nonpayment of
charges [withappropriatenotification of the Customer and in compliance with
Customer Relation Rules]or for other violations of the terms and conditions set forthinthistariff.
Mr.Brad S.Macdonald
October 5,2004
Page 3
3.Original Sheet No.12,Section 2.3 -Limitations of Liability.
Please move the current section 2.3.10 (exculpatorylanguage)to become 2.3.1 and
renumber the sections accordingly.
2.3.2 needs to be removed and a review of the Commission's Customer Relations
Rules should help clarify the rules for interruptionof service.I suggest you review
IDAPA 31.41.01.501 through 600.
http://www.vuc.state.id.us/webrules/telecust 02.pdf
2.3.3 needs to be re-worded to reflect the Commission's Customer Relation's rules(IDAPA 31.41.01.204)as well as Idaho Statute (Idaho Code 61-642 (3 years)).
4.Original Sheet No.14,Section 2.3 -Limitation of Liability
2.3.5 "User shall reimburse the Company for all costs,expenses and fees(includingreasonable attorneys'fees and costs)incurred by the CompanyinitsdefenseagainstclaimssetforthinSection2.3.4.
This claim will be determined by applicable statutes and court rules,and is not in thejurisdictionofthisCommission,please remove section 2.3.5.
5.Original Sheet No.15,Section 2.3 -Limitation of Liability
2.3.10 Please make this Section 2.3.1 and renumber accordingly.
6.Original Sheet No.17,Section 2.5.2 -Applicationof Credits for Interrupted Services
All sections 2.5.2.A through 2.5.2.D must be expunged and language that comportswiththeCommission's customer relation rules and Idaho statute should be inserted
here.See item number 3 above for the appropriate references.
7.Original Sheet No.19,Section 2.6 -Termination of Service
2.6.2 -Please remove all discussion pertaining the award of attorney fees,as thiswouldbeuptoacourtoflawtodetermine,not this Conunission.
8.Original Sheet No.20,Section 2.7 -Payment of Charges
2.7.4 Please review number 3 (2.3.3)above and reword accordingly.
9.Original Sheet No.22,Sections 2.12 and 2.13 -Contract Service Arrangements and
Special Construction.
Mr.Brad S.Macdonald
October 5,2004
Page 4
Please note that all ICB's are to be filed with this Commission.For reference please
see Idaho Code §61-305.
Will you please discuss this with your client(s)and let me know when a filingthat
reflects basic local exchange telephone services will be provided;otherwise I am prepared to
contact counsel and have them notice this up for dismissal without prejudice.
Sincerely,
C ee Hall
el communications Analyst
u/chall/con-espondence/charter fiberlink ID -letter 1