20091106Decision 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: NOVEMBER 6, 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.
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 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.
DECISION MEMORANDUM 2
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. 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 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 of Idaho. 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
requirements; (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 2-3.

DECISION MEMORANDUM 3
COMMISSION DECISION
Does the Commission wish to approve Entelegent’s Application for a Certificate of
Public Convenience and Necessity?

M:ENT-T-09-01_np2