20050110Final Order No 29681.pdf

Office of the Secretary
Service Date
January 10 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
COV AD COMMUNICATIONS COMPANY
FOR A CERTIFICATE OF PUBLIC
CO NVENIEN CE AND NECESSITY TO
PROVIDE COMPETITIVE
TELECOMMUNICATIONS SERVICES
WITHIN THE STATE OF IDAHO
ORDER NO. 29681
CASE NO. CVD-O4-
On October 19, 2004, Covad Communications Company filed an Application for a
Certificate of Public Convenience and Necessity to provide basic resold and facilities-based local
exchange services to both residential and business customers throughout Idaho. In the Notice of
Application and Modified Procedure issued December 1 , 2004, the Commission sought
comments regarding Covad's Application. Order No. 29647. No comments were received other
than those submitted by Commission Staff. In this Order the Commission approves Covad'
Application.
THE APPLICATION
The Application requests authority for the Company to provide basic resold and
facilities-based local exchange services to both residential and business customers throughout
Idaho in all exchanges which are not exempt from competition. Should its Application be
approved, Covad plans to commence offering service immediately upon the establishment of the
appropriate and necessary network arrangements.
Covad is a California corporation authorized by the Idaho Secretary of State to
transact business within the State of Idaho. Covad Communications Company is a wholly
owned subsidiary of its parent corporation, Covad Communications Group, Inc., a
telecommunications services business. The Application states that the parent company is a
leading national broadband service provider of high-speed Internet and network access utilizing
Digital Subscriber Line (DSL) technology, covering more than 45 million homes and businesses
throughout the contiguous United States and reaching approximately 45 percent of all U.
homes and businesses. Covad plans to provide telecommunications services to residential and
business customers in rural and urban areas throughout the State of Idaho.
ORDER NO. 29681
ST AFF COMMENTS
In its evaluation of the Company s Application, Staff determined that Covad is
incorporated in the State of California and headquartered in San Jose, California. Covad
Communications Company is a wholly owned subsidiary of its parent corporation Covad
Communications Group, Inc., a telecommunications services business. Covad's sister company,
DIECA Communications, Inc. is a certified telecommunications service provider authorized to
operate in several states.
Covad obtained a Certificate of Authority to transact business as a foreign
corporation from the Idaho Secretary of State on July 12, 2004. The Company has provided
financial sheets for quarters ending December 31 , 2002 and 2003 and the appropriate contact
information for its registered agent for service of process within Idaho.
The services the Company intends to offer will be an adjunct to the long distance
services that the Company has filed and requested authority to provide statewide. Covad plans to
commence offering services immediately upon the establishment of the appropriate and
necessary network arrangements.On November 11 , 1999, the Commission approved an
Interconnection Agreement between Qwest Corporation and Covad.
Staff has reviewed the Application submitted by Covad and believes the Company
understands and agrees to comply with the Commission rules and requirements. Based on this
review, the Company s filing fulfils the requirements of the Commission Rules and Procedural
Order No. 26665. The Staff believes that the Company possesses the requisite financial
managerial and technical qualifications necessary to operate as provider of
telecommunications services. Therefore, the Staff recommends approval of the Application for a
Certificate of Public Convenience and Necessity.
COMMISSION FINDINGS
Based upon the comments, the law, and the record, the Commission grants the
Application. When considering an application for a Certificate, the Commission must determine
if the applicant has the necessary qualifications to provide service while still fostering
competition in the local telecommunications market. Based upon our review of the Application
and the record in this case, the Commission finds that Covad's Application satisfies the
requirements of the Commission Rules and Procedural Order No. 26665. Thus, we approve
Covad Communications Company s Application for a Certificate of Public Convenience and
ORDER NO. 29681
Necessity to allow the Company to provide telecommunications services statewide. This is
consistent with our previous Orders granting statewide authority to provide telecommunications
services to carriers meeting the established requirements.
ORDER
IT IS HEREBY ORDERED that Covad Communications Company is granted a
Certificate of Public Convenience and Necessity to provide competitive telecommunications
services within the state of Idaho.
THIS IS A FINAL ORDER. Any person interested in this 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 after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this I(J~
day of January 2005.
G1;A, JJ MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:CYDT0401 dw2
ORDER NO. 29681