20061227final_order_no_30207.pdf

Office of the Secretary
Service Date
December 27, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
CACTUS INTERNATIONAL, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE SERVICES WITHIN THE STATEOF IDAHO
CASE NO. CZ8- T -06-
ORDER NO. 30207
On November 7, 2006, Cactus International, Inc. ("Cactus ) filed an Application for
a Certificate of Public Convenience and Necessity (CPCN) to provide telephone service to
customers who collocate equipment in its facility, such as Direct Inward Dialed telephone lines
to Internet Service Providers. On November 22, 2006, the Commission issued a Notice
Application and Modified Procedure. Order No. 30184. In its Order, the Commission solicited
comments from interested persons. Staff timely filed its comments, and these were the only
comments submitted.
THE APPLICATION
The Application stated that it will provide these services through interconnection
agreements with Verizon Northwest Inc. and it intends to be able to start providing such services
beginning January 1 , 2007. Its Application states that it intends to provide Voice over Internet
Protocol (VoIP) services at some point in the future.
Cactus has a Certificate of Incorporation showing it has been an Idaho corporation
since March 12, 1990. Its principal place of business is in Moscow, Idaho. The Company has
provided financial information and the appropriate contact information for its registered agent for
service of process within Idaho.The Company also filed a revised illustrative tariff on
November 15 2006. Its proposed service territory will coincide with Verizon s Moscow, Idaho
market area.
STAFF COMMENTS
Staff has reviewed the Application submitted by Cactus, 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
Order No. 26665. Staff believes that the Company possesses the requisite financial, managerial
ORDER NO. 30207
and technical qualifications necessary to operate as a provider of telecommunications services.
Staff, therefore, recommended approval of the Application for a Certificate of Public
Convenience and Necessity.
COMMISSION FINDINGS
This Commission has jurisdiction to grant a Certificate of Public Convenience and
Necessity pursuant to Idaho Code ~ 61-526. Based upon our review of the filing and the record
in this case, the Commission finds that Cactus' filing satisfies the requirements of the
Commission s Rules and Procedural Order No. 26665. Thus, we approve Cactus' Application
for a Certificate of Public Convenience and Necessity to allow the Company to provide
telephone service to customers who collocate equipment in its facility. We further waive the
requirement for Cactus to possess an escrow account until such time as it begins to collect
deposits from its customers.
ORDER
IT IS HEREBY ORDERED that Cactus International, Inc. is granted a Certificate of
Public Convenience and Necessity to provide competitive telecommunications services within
the state of Idaho.
IT IS FURTHER ORDERED that the requirement to possess an escrow account is
waived until such time as Cactus begins to collect deposits from its customers.
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 ~ 61-
626.
ORDER NO. 30207
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;2.7#-
day of December 2006.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Je Jewell
Co mISSIOn Secretary
O:CZ8-06-cg2
ORDER NO. 30207