20111014final_order_no_32383.pdf

Office of the Secretary
Service Date
October 14,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CUSTER TELEPHONE BROADBAND )CASE NO.CTB-T-l1-O1
SERVICES,LLC FOR A CERTIFICATE OF )
PUBLIC CONVENIENCE AND )ORDER NO.32383
NECESSITY )
On May 20,2011,Custer Telephone Broadband Services,LLC (“CTBS”or
“Company”)filed an Application,including a copy of its illustrative tariff,for a Certificate of
Public Convenience and Necessity (“CPCN”),pursuant to Idaho Code §S 61-526 through 5281,
IDAPA 31.01.01.111 (Rule 111),and Procedural Order No.26665,to provide competitive local
exchange telecommunications services in Idaho.Application at 1.
On August 30,2011,the Commission issued a Notice of Application and Notice of
Modified Procedure.See Order No.32340.Thereafter,Commission Staff was the only party to
submit written comments within the established comment period.
THE APPLICATION
CTBS is an Idaho corporation and lists its principal place of business as Challis,
Idaho.Id.at 2.CTBS is registered with the Idaho Secretary of State as a limited liability
company and lists Dennis L.Thornock,Custer Telephone Cooperative,Inc.,1101 East Main
Ave.,P.O.Box 324,Challis,Idaho 83226,as its Idaho registered agent for service.Id.at 2,
Exhibit 2.
In its Application,CTBS states the following regarding the telecommunications
services it seeks to provide in Idaho:
[CTBS]is a facilities based provider providing multiple fiber to the premise
(FTTP),cable-modem service,and point-to-point wireless.[CTBS]intends to
upgrade and expand its facilities to provide basic local exchange service to its
current customers and to potential customers in Salmon,Idaho and the
surrounding areas.{CTBS]will also lease the facilities of Custer Telephone
Cooperative,Inc.to provide the service.[CTBSJ may also lease transport
facilities from ILECs in the above referenced areas..
Pursuant to the Idaho Telecommunications Act of 1988,specifically Idaho Code §62-604(l)(a),CTBS is exempt
from Title 61 regulation.
ORDERNO.32383 1
Id.at 1.CTBS states that it intends to provide its services by November 2011,subject to
Commission approval and the execution of interconnection agreements with CenturyLink,Qwest
and Custer Telephone Cooperative.Id.at 3.CTBS’s proposed service territory includes
Salmon,Idaho and surrounding areas but may later expand to include CenturyLink’s service
area.Id.,Exh.3.CTBS has reviewed and has agreed to comply with all of the Commission’s
rules.Id.at 5.
STAFF COMMENTS AND RECOMMENDATIONS
Staff reviewed CTBS’s Application and believes the Company understands and has
agreed to follow the Commission’s rules and procedures.According to Staff,the Company’s
filing comports with the requirements of the Commission Rules and Procedural Order No.
26665.Staff believes that CTBS possesses the requisite financial,managerial,and technical
qualifications necessary to operate as a provider of telecommunications services.Therefore,
Staff recommended approval of CTBS’s Application for a Certificate of Public Convenience and
Necessity subject to the following conditions:
I.The Company complies with number pooling and reporting requirements
of the North American Numbering Plan Administrator,as set forth in
Commission Order No.30425;
2.The Company provides all necessary reports and makes appropriate
contributions to the Idaho Universal Service Fund (IUSF),Idaho
Telecommunications Relay System (TRS),Idaho Telecommunications
Service Assistance Program (ITSAP),and complies with all future
reporting requirements deemed appropriate by the Commission for
competitive telecommunications providers;
3.Prior to issuance of the Certificate,CTBS must file a final price list with
all rates,terms,and conditions with the Commission;and
4.CTBS agrees to 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 IdahoCode§62603(1).2
2 “Basic local exchange service”means the provision of access lines to residential and small business customerswiththeassociatedtransmissionoftwo-way interactive switched voice communications within a local exchangecallingarea.
ORDER NO.32383
COMMISSION FINDINGS AND DECISION
Based upon our review of CTBS’s Application and the record in this case,including
Staffs comments,the Commission finds that CTBS’s filing comports with the Commission’s
Rules and Procedural Order No.26665.Thus,we approve CTBS’s Application for a Certificate
of Public Convenience and Necessity,subject to certain conditions more fully described below,
to allow the Company to provide local exchange telecommunications services in the State of
Idaho.
ORDER
IT IS HEREBY ORDERED that the Application of Custer Telephone Broadband
Services,LLC for a Certificate of Public Convenience and Necessity to provide local exchange
telecommunications services within the State of Idaho is granted.
IT IS FURTHER ORDERED that CTBS’s Certificate of Public Convenience and
Necessity shall be subject to the following conditions:(1)compliance with the Number Pool
Administrator and Order No.30425 mandating number resource utilization forecast (NRUF)
reporting;(2)contribution to the Idaho Universal Service Fund,Idaho Telecommunications
Relay System (TRS),Idaho Telephone Assistance Program (ITSAP)and any future reporting
requirements deemed appropriate for competitive telecommunication providers;(3)filing a final
and complete price list with the Commission containing all of its rates,terms and conditions;and
(4)the Company shall relinquish its Certificate and any telephone numbers if,within one year of
the issuance of a CPCN in this case,the Company is not offering local exchange
telecommunications services in Idaho..
THIS IS A FINAL ORDER.Any person interested in the 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 afier any person has petitioned for
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §61-
626.
ORDERNO.32383 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /‘/
day of October2011.
ATTEST:
1h
MACK A.REDFO13,dÔMMISSIONER
OLL JE
MARSHA H.SMITH,COMMISSIONER
ommission Secretary
O:CTB-T-1 1-Olnp2
ORDER NO.32383 4