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HomeMy WebLinkAbout20130122final_order_no_32722.pdfOffice of the Secretary Service Date January 22,2013 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF EDNETICS,INC FOR A CERTIFICATE )CASE NO.EDN-T-12-OI OF PUBLIC CONVENIENCE AND ) NECESSITY )ORDER NO.32722 ______________________________________________________________________________ ) On September 10,2012,Ednetics,Inc.(“Ednetics”or “Company”)filed an Application,pursuant to Idaho Code §61-526 through 528 and IDAPA 31.01.01.111 (Rules 111 and 112)as clarified in Procedural Order No.26665 in Case No.GNR-T-96-4,seeking a Certificate of Public Convenience and Necessity (“CPCN”)to provide local exchange telecommunications services and interexchange telecommunications services in Idaho. On December 11,2012,the Commission issued a Notice of Application and Modified Procedure establishing a 21-day comment period.See Order No.32693.Commission Staff (“Staff’)was the only party to submit written comments regarding Ednetics’Application. THE APPLICATION Ednetics is an Idaho corporation and lists its principal place of business as Post Falls, Idaho.The Company is registered with the Idaho Secretary of State and lists Shawn Swanby, 971 Clearwater Loop,Suite 1000,Post Falls,Idaho 83854,as its Idaho registered agent for service. Ednetics states that it has operated in Idaho,Oregon,and Washington for over 15 years.The Company states that it uses an IP data network to deliver integrated data services, bell control,paging,video distribution,video surveillance,and emergency alert services.The Company wishes to introduce voice services using a platform that will allow integration with their existing services.The Company will provide services by establishing interconnection and resale agreements with incumbent and rural telephone companies throughout Idaho.The Company will act as both a reseller of third-party services and as a facilities-based provider purchasing loops and transport.The Company will also acquire and/or build its own facilities. Ednetics states that it is likely to compete with CenturyLink,Frontier Communications,and other ILECs.The Company estimates that its primary market will be schools and libraries.Currently,the Company’s equipment consists of Network Equipment ORDER NO.32722 1 Building System (NEBS)3 compliant telecommunications termination,transport,remote management.and support hardware and software. STAFF COMMENTS AND RECOMMENDATIONS Staff reviewed Ednetics’Application and believes the Company understands and has agreed to follow the Commission’s rules and procedures.According to Staff,the Company’s filing comports with the requirements of the Commission Rules and Procedural Order No. 26665.Staff believes that Ednetics possesses the requisite financial,managerial,and technical qualifications necessary to operate as a provider of telecommunications services.Therefore, Staff recommended approval of Ednetics’Application for a Certificate of Public Convenience and Necessity subject to the following conditions: 1.Ednetics must comply with number pooling and reporting requirements of the North American Numbering Plan Administrator,as set forth in Commission Order No.30425; 2.Ednetics shall provide all necessary reports and make appropriate contributions to the Idaho Universal Service Fund (IUSF),Idaho Telecommunications Relay System (TRS),Idaho Telecommunications Service Assistance Program (ITSAP),and comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers; 3.Prior to issuance of the Certificate,Ednetics shall file a final price list with all rates,terms,and conditions with the Commission;and 4.Ednetics shall agree to relinquish its Certificate and all telephone numbers if.within one year of issuance of a CPCN,the Company is not providing local exchange telecommunications services in Idaho as defined by Idaho Code §62-603(1).’ COMMISSION FINDINGS Based upon our review of Ednetics’Application and the record in this case,including Staff’s comments,the Commission finds that Ednetics’filing comports with the Commission’s Rules and Procedural Order No.26665.Thus,we approve Ednetics’Application for a Certificate of Public Convenience and Necessity,subject to certain conditions more fully “Basic local exchange service”means the provision of access lines to residential and small business customerswiththeassociatedtransmissionoftwo-way interactive switched voice communications within a local exchangecallingarea. ORDER NO.32722 described below,to allow the Company to provide local exchange telecommunications services in the state of Idaho. ORDER IT IS HEREBY ORDERED that the Application of Ednetics,Inc.for a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services within the State of Idaho is granted. IT IS FURTHER ORDERED that Ednetics’Certificate of Public Convenience and Necessity shall be subject to the following conditions:(1)compliance with the Number Pool Administrator and Order No.30425 mandating number resource utilization forecast (NRUF) reporting;(2)contribution to the Idaho Universal Service Fund,Idaho Telecommunications Relay System (TRS),Idaho Telephone Assistance Program (ITSAP)and any future reporting requirements deemed appropriate for competitive telecommunication providers (3)filing a final and complete price list with the Commission containing all of its rates,terms and conditions;and (4)relinquishment of its Certificate and any telephone numbers if,within one year of the issuance of a CPCN in this case,the Company is not offering local exchange telecommunications services in Idaho. 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 §61- 626. ORDER NO.32722 3 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of January 2013. F !//L PAUL KJELLANDER<PRESIDENT ‘1\i\LL L’ MACK A.REDFOkD,tOMMISSIONER I MARSHA II.SMITH,COMMISSIONER ATTEST: can D.JeweU, C’ommission Secretary O:EDN-T-12-Olnp2 ORDER NO.32722 4