20070831Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 6864
RECEiVED
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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
ELTOPIA COMMUNICATIONS LLC FOR
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE AND TELECOMMUNICATIONSSERVICES
CASE NO. ECL-O7-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Neil Price, Deputy Attorney General, and in response to the Notice of
Application and Notice of Modified Procedure in Order No. 30401 issued on August 10, 2007
submits the following comments.
BACKGROUND
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.
The application indicates Eltopia has adopted the tenns of the Interconnection
Agreement between Northwest Telephone, Inc. and Verizon Northwest, Inc. The Commission
approved the underlying agreement in Case No. VZN-04-05.
STAFF COMMENTS AUGUST 31 , 2007
In its application, Eltopia states 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 IP, primarily to regional Internet service providers. The Company intends to offer the same
services in Idaho and later expand to offer Voice over IP services to retail and business
customers.
Eltopia s service territory within Idaho will coincide with that ofVerizon Northwest
Inc.s Coeur d' Alene tandem, and include the following northern Idaho counties: Boundary,
Bonner, Kootenai, Benewah and Shoshone.
STAFF REVIEW
Staff has reviewed the infonnation provided by Eltopia 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 infonnation
to be included with an application for a certificate. Eltopia s Application includes all of the
required infonnation.
The Application stated Eltopia will offer telecommunications services using its own
switch, and a combination of its own facilities and those of the underlying carrier, Verizon. In
discussions with Staff, the Company indicated it will primarily provide high speed data services
and conversion to IP services that do not require certification. However, Eltopia s service has
the capability to provide both voice and data services over the same trunk, and in some cases, the
customer may desire fewer than five voice lines, which would qualify as basic local exchange
service. Therefore, the Company is seeking Certification so that it has the flexibility to configure
its service however the customer may desire.
The Application included unaudited financial infonnation for 2006 and partial
infonnation for 2007. Staff is satisfied that the Company has the technical, managerial and
financial strength to provide the services identified in the Application.
Eltopia specifically stated 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. The Company will not require advance deposits by its
customers and therefore did not submit an executed copy of an escrow account.
STAFF COMMENTS AUGUST 31 , 2007
STAFF RECOMMENDATION
Staff recommends that a Certificate of Public Convenience and Necessity to provide
competitive local exchange service in Idaho be granted to Eltopia Communications, LLC.
Respectfully submitted this
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day of August 2007.
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t:Jvt Deputy Attorney General
Technical Staff: Wayne Hart
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STAFF COMMENTS AUGUST 31 , 2007
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 31sT DAY OF AUGUST 2007
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. ECL-07-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
WILL L. MacHUGH
VICE PRESIDENT
EL TOPIA COMMUNICATIONS
PO BOX 240
ELTOPIA WA 99330
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SECRET AR
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CERTIFICATE OF SERVICE