20090925Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL

DATE: SEPTEMBER 23, 2009

SUBJECT: APPLICATION OF ENTELEGENT SOLUTIONS, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, CASE
NO. ENT-T-09-01

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 IDAPA 31.01.01.111, to provide resold and facilities-based local exchange
telecommunications services and intrastate interexchange telecommunications services.
Application at 1.
THE APPLICATION
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
DECISION MEMORANDUM 2
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. Id.
As a UNE-P competitive local exchange carrier (“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. at
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.
STAFF RECOMMENDATION
Staff has reviewed Entelegent’s Application and other supporting documentation and
recommends that the Application be processed through Modified Procedure.
COMMISSION DECISION
Should Entelegent’s Application for a Certificate of Public Convenience and
Necessity be processed through Modified Procedure?

M:ENT-T-09-01_np