20070924final_order_no_30442.pdf

Office ofthe Secretary
Service Date
September 24, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF ELTOPIA COMMUNICATIONS LLC
FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE AND
TELECOMMUNICATIONS SERVICES
ORDER NO. 30442
CASE NO. ECL- T -07-
On June 6, 2007, Eltopia Communications LLC ("Eltopia ) filed an Application for a
Certificate of Public Convenience and Necessity to provide basic local telephone exchange
service throughout the State of Idaho pursuant to Commission Order No. 26665. Eltopia states
that it has adopted the terms of the interconnection agreement between Northwest Telephone
Inc. and Verizon Northwest Inc. and that Verizon filed the adoption agreement in 2007.
Application at 5.
THE APPLICATION
Eltopia is a Washington corporation and lists its principal place of business as
Eltopia, Washington. Id. at 2. The Company is registered with the Idaho Secretary of State as a
limited liability company and lists Registered Agent Solutions, Inc., 5481 Kendall Street, Boise
Idaho, 83706, as its Idaho registered agent. Id.
Eltopia stated that it has provided wholesale communications services within the
State of Washington since 2006 and that the Company specializes in offering "a variety of
services built on TDM to IP conversion " including dial-up Internet, Fax over IP and Voice over
, to regional Internet service providers. Id. Initially, the Company intends to offer the same
services in Idaho and later expand to offer Voice Over IP services to retail and business
customers. Id.
Eltopia claims that its service territory within Idaho will initially include northern
Idaho, including Boundary, Bonner, Kootenai, Benewah and Shoshone counties. Id. at 4. Its
services will coincide with that of Verizon Northwest Inc.s Coeur d'Alene tandem, with the
exception of its Voice over IP services which do not have a defined "Service Territory" and are
largely interstate services in nature. Id. Thus, the Company asserts that it cannot accurately state
whom it will compete with in regard to its Voice over IP services. Id.
ORDER NO. 30442
ST AFF COMMENTS
Staff reviewed the information provided by Eltopia s Application and determined
that it satisfied the requirements outlined in Commission Rule of Procedure 111 , IDAP A 31.01.
01. 111 , and Procedural Order No. 26665, setting forth the necessary information to be included
with an application for a certificate.
Staff noted that Eltopia will offer telecommunications services using its own switch
and a combination of its own facilities and those of the underlying carrier, Verizon. Staff also
mentioned the Company revealed that it will primarily provide high-speed data services and
conversion to IP services that do not require certification. However, Staff recognized that
because Eltopia s service has the capability to provide both voice and data services over the
same trunk, the Company is seeking a Certificate so that it has the flexibility to configure its
service according to its customer s specifications.
Staff mentioned further that it is satisfied that the Company has the technical
managerial and financial strength to provide the services identified in its Application and
believes that the Company will comply with all Commission rules, as it stated in its Application.
The Company has provided an illustrative tariff with its Application that demonstrates an
understanding of tariff requirements and processes. The Company will not require advance
deposits by its customers and therefore did not submit an executed copy of an escrow account.
Based upon the foregoing review, Staff recommended that the Commission approve
Eltopia s 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 Eltopia s filing satisfies the requirements of the Commission s Rules and Procedural Order
No. 26665. Thus, we approve Eltopia s Application for a Certificate of Public Convenience and
Necessity to allow the Company to provide telecommunications services throughout the State of
Idaho.
ORDER
IT IS HEREBY ORDERED that the Application of Eltopia Communications, LLC
for a Certificate of Public Convenience and Necessity is granted to enable the Company to
provide resold local exchange services throughout the State of Idaho.
ORDER NO. 30442
THIS IS A FINAL ORDER. Any person interested in the 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 9 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this dl.. tf
day of September 2007.
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MARSHA H. SMITH, COMMISSIONER
ATTEST:
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ORDER NO. 30442