20141121Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:NOVEMBER 19,2014
RE:TRANSFER OF CERTIFICATE NO.440 FROM.MEGAPATH
CORPORATLON TO GC PLVOTAL,LLC DBA GLOBAL
CAPACITY;CASE NO.CVD-T-04-Ol.
On November 18,2014,Megapath Corporation and GC Pivotal,LLC dba Global
Capacity (“Global Capacity”or collectively,the “Parties”)filed an Application to
transfer Certificate No.440 from Megapath Corporation to Global Capacity.Certificate
No.440 was issued to Covad Communications Company on January 12,2005,and on
April 1.2014,the Commission approved the name change to Megapath Corporation.See
Order Nos.29681 and 33005.Global Capacity will obtain certain network assets and
customers from Megapath Corporation and intends to provide services to those customers
under the same rates,terms and conditions currently provided by Megapath.Copies of
Certificates issued by the Idaho Secretary of State’s Office,financial statements,and a
proposed tad ff were included with the Application.
At the end of December 2014,the asset transfer will be consummated and the
Parties will notify the Commission when the actual transfer takes place.The Parties seek
Commission approval to proceed with the transfer of Certificate No.440 prior to final
consummation of the transfer of assets.
STAFF RECOMMENDATION
Staff has reviewed the Application along with the supporting documentation and
believes Global Capacity possesses the requisite financial,managerial,and technical
DECISION MEMORANDUM NOVEMBER 19,2014
qualifications necessary to operate as a provider of telecommunications services.Thus,
Staff recommends that the Commission approve the name change on Certificate No.440
to Global Capacity and issue the final Order upon notification that the asset transfer has
been consummated.
COMMISSION DECISION
Does the Commission agree?
Cc
Grace Seaman
DECISION MEMORANDUM NOVEMBER 19,2014