20110920Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 6864
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
CUSTER TELEPHONE BROADBAND )
SERVICES, LLC FOR A CERTIFICATE OF )
PUBLIC CONVENIENCE AND NECESSITY )
)
)
CASE NO. CTB-T-ll-Ol
COMMENTS OF THE
COMMISSION STAFF
The Staff of the Idaho Public Utilties Commission, by and through its Attorney of
Record, Neil Price, Deputy Attorney General, in response to the Notice of Application and Notice
of Modified Procedure, issued on August 30, 2011, Order No. 32340, submits the following
comments.
BACKGROUND
On May 20, 2011, Custer Telephone Broadband Services, LLC ("CTBS" or "Company")
fied an Application, for a Certificate of Public Convenience and Necessity ("CPCN"), pursuant
to Idaho Code §§ 61-526 through -528, i IDAP A 31.01.01. 111 (Rule 111), and Procedural Order
No. 26665, to provide competitive local exchange services in Idaho. Application at 1.
i Pursuant to the Idaho Telecommunications Act of i 988, specifically Idaho Code § 62-604(l)(a), CTBS is exempt
from Title 6 i regulation.
STAFF COMMENTS 1 SEPTEMBER 20, 201 1
CTBS is a facilties-based telecommunications provider that uses multiple technologies
such as fiber to the premise ("FTTP"), cable modem, and point-to-point wireless services. The
Company plans to upgrade and expand its facilities to provide basic local exchange services to its
current and potential customers. The Company states it may also lease transport facilties from
Incumbent Local Exchange Companies ("ILECs"). Id.
CTBS states that it has installed preliminar facilties and equipment to provide basic local
exchange service and intends to provide services by November 201 1, subject to Commission
approval and the execution of interconnection agreements with CentuLink, Qwest, and Custer
Telephone Cooperative. CTBS's proposed service territory includes Salmon, Idaho and areas
immediately surrounding Salmon, but may expand later to include CenturyLink's service
territory. Application at 3.
STAFF ANALYSIS
CTBS is a limited liabilty company located in Idaho and lists its principal place of
business as Challs, Idaho. Application at 2. Custer Telephone Cooperative, Inc? owns 100% of
the membership interests in CTBS. Id.
A copy of the Articles of Organization and of the Certificate of Existence issued by the
Secretary of State's Office are included in the Application. Application, Exh. 2. CTBS also
provided the Custer Telephone Cooperative, Inc. and Subsidiar Consolidating Schedule, Balance
Sheet information and Statement of Operations Information for the period ending December 31,
2010. Application, Confidential Exh. 4.
An attached Ilustrative Tariff provides a list of definitions, the intended service offerings,
and general rules and regulations. Application, Exh. 5.
CTBS states it has reviewed all of the Commission rules and agrees to comply with all
rules and regulations. Application at 5.
STAFF RECOMMENDATION
Staffhas reviewed the Application submitted by CTBS and believes the Company
understands and agrees to comply with the Commission rules and requirements. Based on this
review, the Company's filing fulfills the requirements of the Commission Rules and Procedural
2 Custer Telephone Cooperative, Inc. is an unregulated telephone cooperative that currently serves the Challs, May,
Clayton, and Elk Bend exchanges in central Idaho.
STAFF COMMENTS 2 SEPTEMBER 20, 201 1
Order No. 26665. Staff believes that CTBS possesses the requisite financial, managerial, and
technical qualifications necessary to operate as a provider of telecommunications services. Staff,
therefore, recommends approval of the Application for a Certificate of Public Convenience and
Necessity subject to the following conditions:
1. 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. CTBS provides necessar reports and contributes as appropriate to the Idaho Universal
Service Fund (lUSF), Idaho Telecommunications Relay System (TRS), Idaho
Telecommunications Service Assistance Program (lTSAP), and complies with all future
reporting requirements deemed appropriate by the Commission for competitive
telecommunications providers;
3. Prior to issuance of the Certificate, CTBS files a final price list with all rates, terms, and
conditions with the Commission; and
4. CTBS 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 as defined by Idaho Code § 62-03(1).3
Respetfly submitted ths ~~y of September 20 i i.
to
Ne Price
Deputy Attorney General
Technical Staff: Grace Seaman
i:umisc:comments/ctbtl 1. lnpla comments
3 "Basis 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 communications within a local exchange callng
area.
STAFF COMMENTS 3 SEPTEMBER 20, 201 1
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 20TH DAY OF SEPTEMBER 2011,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. CTB-T-11-01, BY MAILING A COpy THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
DENNIS L THORNOCK
SHELLY HELM
CUSTER TELEPHONE BROADBAND
SERVICES LLC
PO BOX 324
CHALLIS ID 83226
E-MAIL: dennis(fcustertel.net
csr(fcustertel.net
CYNTHIA A MELILLO
GIVENS PURSLEY LLP
PO BOX 2720
BOISE ID 83701
E-mail: cam(fgivenspursley.com
~~
SECRETARÝ ~
,
CERTIFICATE OF SERVICE