20060327Comments.pdf

CECELIA A. GASSNER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BARNO. 6977
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
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-O6-
COMMENTS OF THE
COMMISSION STAFF
The Staff of the Idaho Public Utilities Commission, by and through its Attorney of
record, Cecelia A. Gassner, Deputy Attorney General, in response to the Notice of Application
and Notice of Modified Procedure in Order No. 29982 issued on March 6, 2006, submits the
following comments.
BACKGROUND
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 ConSllrn~rs. The
Company anticipates also providing monitored security and mobile Internet services to its
customers,
STAFF COMMENTS MARCH 27, 2006
Digital Communications a.k.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.
ST AFF ANALYSIS
Staff has reviewed the information provided by Digi-Comm in its application and
believes it satisfies the requirements of the Commission s Rule of Procedure 111 , IDAP A
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.
The application indicated 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 advance
telecommunications services (high speed data lines) in 2004, and in 2005, notified the
Commission of the change to sole proprietorship.
The principals at Digi-Comm have considerable telecommunications expenence
especially in data and advanced communications, 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 is 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 does not recommend the imposition of any financial guarantees.
Staff is satisfied that the Company has the technical, managerial and financial
strength to provide the services identified in the application.
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.
STAFF COMMENTS MARCH 27 2006
STAFF RECOMMENDATION
Staff recommends that a Certificate of Public Convenience and Necessity to provide
competitive local exchange service in Idaho be issued to Digi-Comm.
fA-
Respectfully submitted this P1 day of March 2006.
Deputy Attorney General
Technical Staff: Wayne Hart
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STAFF COMMENTS MARCH 27 2006
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 27TH DAY OF MARCH 2006
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. DZI-06-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
DR LARRY E CROMWELL
DIGITAL COMMUNICATIONS
lION WASHINGTON AVE
EMMETT ID 83617
ff2xmSECRET AR
CERTIFICATE OF SERVICE