20150213final_order_no_33230.pdf

Office of the Secretary
Service Date
February 13,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF MEGAPATH )
CORPORATION’S APPLICATION TO )CASE NO.CVD-T-04-0l
TRANSFER ITS CERTIFICATE OF PUBLIC )
CONVENIENCE AND NECESSITY NO.440 )
TO GC PIVOTAL,LLC DBA GLOBAL )ORDER NO.33230
CAPACITY )
On November 18,2014,MegaPath Corporation (MegaPath)filed an Application
asking the Commission to approve the transfer of its Certificate of Public Convenience and
Necessity No.440 to GC Pivotal,LLC dba Global Capacity (Global Capacity).The request is
part of a larger transaction,finalized December 31,2014,in which Global Capacity obtained
network assets and data service customers from MegaPath.See Consummation Notice dated
January 8,2015.Global Capacity filed an Application for a Certificate of Public Convenience
and Necessity on September 24,2014.Global Capacity indicated it will withdraw its
Application upon approval of the transfer now requested by MegaPath.
THE APPLICATION
In January 2005,MegaPath —then operating under the name Covad Communications
—obtained its Certificate of Public Convenience and Necessity No.440.Order No.29681;see
also Order No.33005 (name change granted in April 2014).On December 31,2014,MegaPath
finalized a transaction in which it transferred network assets and data service customers to
Global Capacity.Application Letter at 1.
Global Capacity is a Delaware limited liability company and lists its principal place
of business at 180 North LaSalle Street,Suite 2430,Chicago,Illinois 60601.Application in
Case No.GCP-T-l4-0l at 3.Global Capacity separately filed an Application for Certificate of
Public Convenience and Necessity,also describing the transaction with MegaPath.Application
in Case No.GCP-T-14-01.Global Capacity has indicated it will withdraw its Application upon
the Commission’s approval of MegaPath’s requested transfer.Application Letter at 1,n.1.
Global Capacity states that it “seeks authority to provide facilities-based and resold
local exchange and interexchange non-voice telecommunications services”throughout Idaho.
Application in Case No.GCP-T-14-01 at 2.Further,Global Capacity “intends to provide
services to those customers [obtained in the transfer]under the same rates,terms and conditions
ORDER NO.33230 1
as they are currently provided by MegaPath.”id.According to Global Capacity,it will “comply
with all applicable Idaho laws and ...applicable Commission rules,regulations,and standards,
and will provide safe,reliable and high-quality telecommunications services.”Id.at 6-7.
STAFF RECOMMENDATION
Staff reviewed the Applications of both Global Capacity and MegaPath.Staff
believes Global Capacity possesses the requisite financial,managerial,and technical
qualifications needed to operate as a telecommunications services provider.Thus,Staff
recommended that the Commission approve the name change on Certificate No.440 to Global
Capacity.
COMMISSION FINDINGS
When considering an Application for a Certificate of Public Convenience and
Necessity,the Commission must determine if the applicant has the necessary qualifications to
provide service while still fostering competition in the local telecommunications market.Order
No.30465;see also Procedural Order No.26665.The Commission finds that MegaPath’s
request to transfer its Certificate to Global Capacity is essentially a corporate structure name
change that does not appear to affect individual customer service.The Commission further finds
that the information in the Applications demonstrates that Global Capacity satisfies the
requirements of the Commission’s Rules and Procedural Order No.26665,by virtue of its
transaction with MegaPath.
Accordingly,we approve MegaPath’s Application to transfer Certificate No.440 to
Global Capacity.This is consistent with our previous Orders granting authority to provide
telecommunications services to carriers meeting the established requirements.
ORDER
IT IS HEREBY ORDERED that Certificate of Public Convenience and Necessity No.
440,previously issued to MegaPath Corporation (as Covad Communications)to provide
telecommunications services within the State of Idaho,is transferred to Global Capacity.
IT IS FURTHER ORDERED that all tariffs on file with the Commission for
Certificate No.440 in the name of MegaPath Corporation are rescinded.Global Capacity is
directed to file tariffs in its name within 21 days.
THIS IS A HNAL ORDER.Any person interested in this Order may petition for
reconsideration within twenty-one (21)days of the service date of this Order.Within seven (7)
ORDER NO.33230 2
days after any person has petitioned for reconsideration,any other person may cross-petition for
reconsideration.See Idaho Code §6 1-626.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of February 2015.
PAUL KJEL A ER,PRESIDENT
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MACK A.REDFORD 0 MISSIONER
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ATTEST:
MARSHA H.SMITH,COMMISSIONER
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ORDER NO.33230 3