20050811order no 29845.pdf

Office of the Secretary
Service Date
August 11 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION
TO DETERMINE WHETHER IT IS
REASONABLE FOR FRONTIER
COMMUNICATIONS OF IDAHO TO
PROVIDE TELECOMMUNICATIONS
SERVICE TO CUSTOMERS LOCATED IN
THE TAMARACK RESORT
CASE NO. CTC-O5-
ORDER NO. 29845
The Idaho Public Utilities Commission on its own motion and pursuant to Idaho
Code ~ 61-503 hereby opens a case to investigate whether Citizens Telecommunications
Company of Idaho, Inc. dba Frontier Communications of Idaho ("Frontier ) should be required
to provide telecommunications service to requesting customers located in the Tamarack Resort in
Valley County. The Commission has received three consumer complaints from individuals in
the Tamarack Resort unable to receive telecommunications service from Frontier upon request.
In addition, the Commission received a Petition from Matthew Castrigno requesting an Order
that would require Frontier to provide telecommunications service to the Tamarack Resort. Case
No. TAM-05-
Presently, Frontier lacks the facilities to provide service to these potential customers.
See Order No. 29808 at 3. The purpose of this case is to determine whether it is reasonable to
require Frontier to provide the requested telecommunications service.
As the incumbent local exchange carrier (ILEC), Frontier is obligated to provide
telecommunications services to any potential customer requesting such service within Frontier
certificated area. Idaho Code ~ 61-526. Further, the Commission may require Frontier to make
any additions, extensions, and improvements to its facilities that "ought reasonably to be made
or to require new facilities "to promote the security or convenience of its employees or the
public.Idaho Code ~ 61-508. The Idaho Supreme Court has concluded that this requirement
applies to areas within a utility s established service area, and it also requires evidence showing
that the utility will be insured a fair return on its investment. Murray v. Public Utilities
Commission 27 Idaho 603 , 150 P. 47 (1915).
Moreover, as an eligible telecommunications carrier (ETC), Frontier has additional
service obligations it must meet in order to be eligible for universal service funding. This
ORDER NO. 29845
Commission recently determined that these obligations include the obligation to provide service
upon reasonable request. See Order No. 29841 at 8-
Based upon Mr. Castrigno s Petition and the customer complaints, the Commission
directs Frontier to respond to the following questions:
1. Is Frontier willing to provide telephone service to the Tamarack Resort?
If yes, under what conditions?
b. If no, then why does Frontier believe it is reasonable to decline the
requests for service?
Further, the Commission directs Staff to conduct an investigation to determine
whether it is reasonable for Frontier to provide service to the Tamarack Resort. This
investigation will include determining the investment required to enable Frontier to provide
service and the effect such investment will have on the rates paid by its customers.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /O'tA--
day of August 2005.
P UL KJEL . ~NDER, PRESIDENT
~~
JJ
MARSHA H. SMITH, COMMISSIONER
Out of the Office on this Date
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
JSj .
D. Jewell
mission Secretary
O:CTC- T -05-- kdp
ORDER NO. 29845