20050214Comments.pdf

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DONOV AN E. WALKER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BARNO. 5921
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, ID 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF COMMP ARTNERS, LLC FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE
FACILITIES-BASED AND RESALE LOCAL
EXCHANGE AND INTEREXCHANGE SERVICES IN ELIGIBLE AREAS STATEWIDE.
CASE NO. CMP-O4-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Donovan E. Walker, Deputy Attorney General, in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 29691 on January 24, 2005
and submits the following comments.
BACKGROUND
On November 16, 2004, CommPartners, LLC filed an Application for a Certificate of
Public Convenience and Necessity to provide facilities-based and resold local exchange and
interexchange services in the State of Idaho. According to the Application, CommPartners is in
the process of building an Internet Protocol (IP) based communications network throughout all
50 states and the District of Columbia. The network is designed to connect public and private IP
STAFF COMMENTS FEBRUARY 14, 2005
networks with the Public Switched Telephone Network (PSTN). The Company will provide the
network needed for V oice-Over- Internet Protocol (VoIP) providers to originate and terminate
IP-based communications, as well as allow for the termination of traditional circuit-switched
telephone calls. The traffic to be carried over this network will be comprised of primarily
information services traffic such as V oIP, as well as interstate, intrastate inter LATA, intraLA T A
and local traffic.
STAFF ANALYSIS
Staffhas reviewed the information provided by CommPartners in its application and
believes it satisfies the requirements of the Commission s Rule of Procedure 111 , IDAPA
31.01.01.111 , and Procedural Order No. 26665 issued November 7, 1996, which sets out the
necessary information to be included with an application for a certificate.
The application indicated CommPartners intended to provide basic local exchange
services to both residential and business customers using the Company s VoIP network. The
application indicated the Company s primary market is wholesale service to other carriers and
internet service providers, but that it would also occasionally provide service directly to end use
customers. All CommPartners local exchange customers would need to obtain broadband
service in order to utilize the Company s VoIP local exchange service. Service to Idaho
customers would be provided through the Company s VoIP switch in Las Vegas, Nevada.
All CommPartner customer originated calls would be originated as data services and
carried by IP to the Company s switch in Las Vegas. If the called party is also a VoIP customer
the call would remain on IP and terminated as a data service to that customer. If the called party
uses traditional voice service, the call is converted to voice protocol and routed to that party
through "the nearest RBOC/ILC/CLEC or wireless carrier s local telephone switch that serves
the called party.
The application indicated the Company would initially provide service in the area
currently served by Qwest and Verizon.
CommPartners is a relatively new telecommunications company that provides VoIP
services nationwide, with switching centers in Las Vegas, New York, Chicago, and Atlanta. The
application included resumes of key individuals that indicated extensive experience in the
telecommunications field. The application included financial information that indicated the
ST AFF COMMENTS FEBRUARY 14, 2005
Company had adequate financial resources for a company at this stage of operation. Staff is
satisfied that the Company has the technical, managerial and financial strength to provide the
services identified in the application.
CommPartners specifically indicated in its application it will comply with all
Commission rules. It has provided an illustrative tariff with its application that demonstrates an
understanding of tariff requirements and processes.
STAFF RECOMMENDATIONS
There are many regulatory issues associated with VoIP services that have yet to be
determined. It is possible that it may eventually be determined that the services provided by
CommPartners are outside the jurisdiction of a state commission and may be provided without a
Certificate. However, CommPartners is well aware of the uncertainty of the outcome of various
proceedings in this regard and voluntarily sought a Certificate, and agreed to comply with the
Commission s local exchange rules. Staff recommends that a Certificate of Public Convenience
and Necessity to provide competitive local exchange service in Idaho be provided to
CommPartners, LLC.
Respectfully submitted this I~~ day of February 2005.
Donovan E. Walker
Deputy Attorney General
Technical Staff: Wayne Hart
i:umisc:comments/cmptO4.dwwh
STAFF COMMENTS FEBRUARY 14, 2005
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 14TH DAY OF FEBRUARY 2005
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. CMP-04-, BY MAILING A COpy THEREOF POSTAGE PREPAID
TO THE FOLLOWING:
DAVID S CLARK
PRESIDENT
COMMP AR TNERS LLC
3291 N BUFFALO DR SUITE
LAS VEGAS NY 89129-7437
KRISTOPHER E TWOMEY
LOKT CONSULTING
1515 E 14TH ST SUITE A
SAN LEANDRO CA 94577
CERTIFICATE OF SERVICE