20060411final_order_no_30013.pdf

Office of the Secretary
Service Date
April!!2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
DIGITAL COMMUNICATIONS AKA DIGI-
COMM FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE SERVICES WITHIN THE STATE OF IDAHO
CASE NO. DZI-06-
ORDER NO. 30013
On February 1 2006 , Larry Cromwell filed an Application for a Certificate of Public
Convenience and Necessity with the Commission for his business, Digital Communications
k.a. Digi-Comm ("Digi-Comm ). In the Application, Digi-Comm proposes to provide dial-up
and high-speed Internet access, dial tone, long distance, multiple customer convenience services
and digital streaming television on a retail basis to business and residential consumers. The
Company anticipates also providing monitored security and mobile Internet services to its
customers. On March 6, 2006, the Commission solicited comments regarding Digi-Comm
Application. See Order No. 29982. No comments were received other than those filed by Staff.
THE APPLICATION
The Application indicates that Digi-Comm will offer telecommunications services
through its own facilities as well as resale and unbundled network element agreements with
Qwest. Digi -Comm has been providing Internet services to Idaho customers for a number of
years as Digi-Comm 256, LLC. Digi-Comm 256, LLC notified the Commission it was
providing advanced telecommunications services (high speed data lines) in 2004, and in 2005
notified the Commission of the change to sole proprietorship.
Digital Communications a.a. Digi-Comm is a sole proprietorship with a principal
place of business in Emmett, Idaho. The Company has provided certain financial information
and the appropriate contact information for its registered agent for service of process within
Idaho.According to the Application, the principals at Digi-Comm have considerable
telecommunications experience, especially in data and advanced communications. Digi-Comm
specifically indicated in its Application it will comply with all Commission Rules. It has
provided an illustrative tariff with its Application that demonstrates an understanding of tariff
requirements and processes.
ORDER NO. 30013
ST AFF COMMENTS
Staff reviewed the information provided by Digi-Comm in its Application and
believes it satisfies the requirements of the Commission s Rule of Procedure 111 IDAPA
31.01.01.111 , and Procedural Order No. 26665 issued November 7 , 1996, which sets out the
necessary information to be included with an application for a certificate.Staff finds the
Company has sufficient technical expertise to provide the services identified in the Application.
The Application did not include significant financial information, which is not unusual for a new
company. In its Application, the Company claimed it had a funding commitment for $500 000
to finance initial activities. While Staff was concerned about the financial capability of the
Company, the identified financial resources, plus the Company s existing base of data customers
should be sufficient for initial operations, and allow the Company to slowly grow. Staff did not
recommend the imposition of any financial guarantees. Therefore, Staff recommended
Commission approval of the Application for a Certificate of Public Convenience and Necessity.
COMMISSION FINDINGS
Based upon our review of the filing and the record in this case, the Commission finds
that Digi-Comm s filing satisfies the requirements of the Commission s Rules and Procedural
Order No. 26665. Thus, we approve Digi-Comm s Application for a Certificate of Public
Convenience and Necessity to allow the Company to provide dial-up and high-speed Internet
access, dial tone, long distance, multiple customer convenience services and digital streaming
television on a retail basis to business and residential consumers.
ORDER
IT IS HEREBY ORDERED that Digital Communications aka Digi-Comm 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 g 61-
626.
ORDER NO. 30013
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1/
f'#-
day of April 2006.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
D. Jewell
Commission Secretary
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ORDER NO. 30013