20091124final_order_no_30950.pdf

Office of the Secretary
Service Date
November 24 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ENTELEGENT SOLUTIONS, INc. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS
SERVICES WITHIN THE STATE OF IDAHO
ORDER NO. 30950
CASE NO. ENT-09-
On July 2, 2009, Entelegent Solutions, Inc. ("Entelegent" or "Company ) filed an
Application for a Certificate of Public Convenience and Necessity, pursuant to Title 62 of the
Idaho Code and IDAP A 31.01.01.111 , to provide resold and facilities-based local exchange
telecommunications services and intrastate interexchange telecommunications services in Idaho.
Application at 1.
On October 8, 2009, the Commission issued a Notice of Application and Notice of
Modified Procedure. See Order No. 30915. Subsequently, Commission Staff was the only party
to submit written comments within the established 21-day comment period.
THE APPLI CA TI 0
Entelegent is a North Carolina corporation and lists its principal place of business as
Charlotte, North Carolina. Id. at 2. Entelegent is registered with the Idaho Secretary of State as
a foreign limited liability company and lists Corporation Service Company, 1401 Shoreline
Drive, Suite 2, Boise, Idaho 83702, as its Idaho registered agent for service. Id. Entelegent has
received authority to provide local and/or interexchange services in the following states:
Alabama, Illinois, Kentucky, Massachusetts, Montana, Nebraska, New Hampshire, New Jersey,
North Dakota, Ohio, Oregon Rhode Island, South Dakota, Texas, Vermont, Washington
Wisconsin, Colorado, Florida, Iowa, Michigan, New Mexico, and Wyoming. Id. at 3.
Entelegent requests "authority to provide basic resold and facilities-based local
exchange services throughout the state of Idaho. . . .Id. at 1. Specifically, Entelegent proposes
to offer these telecommunications services to "business customers.Id. The Company "plans to
offer service through UNE-P facilities and resale arrangements with incumbent local exchange
carriers ("ILECs Id. Entelegent explains that operated-assisted and 911 emergency call
services will be routed to and handled by the Company s underlying carrier. !d.
ORDER NO. 30950
As a UNE-competitive local exchange carner ("CLEC"), Entelegent will not
construct any facilities within the State of Idaho or incur any additional capital expenditures in
order to provide service within the state. Id. at 4. The Company will offer service in the
geographic areas within Idaho that are currently being served by ILEC Qwest Corporation. Id.
5. Entelegent states that it has reviewed the Commission rules applicable to CLECs and
interexchange service providers operating in the State of Idaho and "agrees to comply with those
rules except to the extent (that) any such rules are explicitly waived generically for carriers in the
same class.Id. at 6.
ST AFF COMMENTS
Staff reviewed Entelegent's Application and determined that the Company has
complied with the requirements of Procedural Order No. 26665 and IDAPA 31.01.01.111
(Commission Procedural Rule 111). Staff believes that Entelegent possesses the requisite
financial, managerial, and technical qualifications necessary to operate as a telecommunications
provider within the State ofIdaho. See Staff Comments at 2.
Based upon its review, Staff recommends that the Company be granted a CPCN
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) an
agreement from the Company to relinquish its certificate and any telephone numbers if, within
one year of the issuance of a CPCN, the Company is not offering local exchange
telecommunications services in Idaho. Id. at 2-
COMMISSION FINDINGS
Based upon our review of Entelegent's Application and the record in this case
including Staff s comments, the Commission finds that Entelegent's filing satisfies the
requirements of the Commission s Rules and Procedural Order No. 26665. Subject to the
conditions detailed in Staffs submitted comments, we approve Entelegent's Application for a
Certificate of Public Convenience and Necessity to enable the Company to provide local
exchange telecommunications services in the State of Idaho.
ORDER NO. 30950
ORDER
IT IS HEREBY ORDERED that the Application of Entelegent Solutions, Inc. for a
Certificate of Public Convenience and Necessity is granted to enable the Company to provide
local exchange telecommunications services and intrastate interexchange telecommunications
services within the State of Idaho.
IT IS FURTHER ORDERED that the Company s 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) an agreement from the Company to relinquish its certificate and any telephone numbers if
within one year of the issuance of a CPCN, 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 9 61-
626.
ORDER NO. 30950
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this ,;2'11"'-
day of November 2009.
KEMP~ON, PRE DENT
dfHJ.
ARSHA H. SMITH, COMMISSIONER
ATTEST:
D. Jewel
Commission Secretary
O:ENT-09-np2
ORDER NO. 30950