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HomeMy WebLinkAbout20160817final_order_no_33572.pdfOffice of the Secretary Service Date August 17, 2016 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ) EXTENET SYSTEMS, INC. FOR ) CASE NO. ENS-T-16-01 REGISTRATION AS A WHOLESALE ) TELECOMMUNICATIONS PROVIDER IN ) ORDER NO. 33572 IDAHO. ) On June 18, 2016, ExteNet Systems, Inc. filed an Application with the Commission for a Certificate of Public Convenience and Necessity for registration/certification as a wholesale provider of telecommunications service in Idaho. Application at 1. On July 7, 2016, the Commission issued a Notice of Application, Notice of Modified Procedure and Order. The Commission requested that interested persons file comments regarding the Application within 21 days. Order No. 33554. Commission Staff was the only party to submit written comments. BACKGROUND In 2011, the Commission established a "registration or certification process for telecommunications companies that do not provide basic local exchange service, as defined by state law." Order No. 32277 at 8. The Commission concluded such process would "enable those companies to access important rights or privileges identified in the federal Telecommunications Act as they enter the telecommunications markets in Idaho." Id. Accordingly, the Commission held that telecommunications companies "that do not intend to provide basic local exchange service but request Commission registration may file an application pursuant to Rule 114, with minor modification to eliminate information required by the Rule relating to retail basic local exchange service." Id. "A company that completes the application process as required in Rule 114, Section[s] 1 and ... 5 through 8, will be recognized by the Commission as having successfully registered as a wholesale provider of telecommunications services in Idaho." Id. THE APPLICATION ExteNet is a Delaware corporation, listing its headquarters as Lisle, Illinois. Application at 1. On March 18, 2016, Idaho's Secretary of State certified that ExteNet was and continues to be authorized to transact business in Idaho. Id., Exhibit B. ExteNet lists Corporation Service Company, 12550 W. Explorer Drive, Suite 100, Boise, Idaho 83713, as its registered agent for service in Idaho. Id. at 2. ORDER NO. 33572 ExteNet states that it "primarily installs its own facilities in or on existing infrastructure," and may not require interconnection agreements with local carriers. Id. at 3-4. However, the Company states that it will file for Commission approval of any such agreements should any come about. Id. ExteNet agrees to comply with all Idaho laws and Commission rules and regulations pertaining to number conservation, including mandatory one thousand block pooling. Id. at 4. STAFF COMMENTS Staff reviewed ExteNet's Application and reported compliance with Commission Rule of Procedure 114 and Order No. 32277. Comments at 2. Staff further stated its belief that ExteNet possesses the requisite financial, managerial, and technical qualifications necessary to operate as a provider of telecommunications services. Id. Staff thus recommended that the Commission approve the Company as a registered wholesale communications provider subject to the following conditions. 1. ExteNet shall comply with number pooling and requirements of the North American Numbering Plan Administrator, as set forth in Commission Order No. 30425. 2. ExteNet shall provide necessary reports, and contribute as appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay Service, and Idaho Telecommunications Service Assistance Program; and 3. ExteNet shall comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers. COMMISSION DECISION After review and consideration of the entire record in this case, we find that ExteNet is a wholesale telecommunications provider and has demonstrated a willingness and commitment to comply with all Idaho laws and Commission rules and regulations, including adherence to mandatory one thousand block pooling. Application at 4. We further find that the Company's Application comports with Commission Rule of Procedure 114 and Order No. 32277. The Commission thus approves ExteNet's Application for registration or certification as a wholesale telecommunications provider in Idaho, subject to the conditions specified above. ORDER NO. 33572 2 ORDER IT IS HEREBY ORDERED that the Commission approves the Application of ExteNet Systems, Inc. for registration/certification as a wholesale telecommunications provider in Idaho. IT IS FURTHER ORDERED that ExteNet's certification shall be subject to the following conditions: (1) comply with all number pooling and reporting requirements of the North American Numbering Plan Administrator, as set forth in Commission Order No. 30425; (2) provide all necessary reports and contribute as appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay Service, and the Idaho Telecommunications Service Assistance Program; and (3) comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers. 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 § 62- 619, 61-626. ORDER NO. 33572 3 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this day of August 2016. PAULKJ ERIC ANDERSON, COMMISSIONER ATTEST: O:ENS-T-16-0l_bk2 ORDER NO. 33572 4