20050629Comments.pdf

KIRA DALE PFISTERER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 6571
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ERNEST COMMUNICATIONS, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE AND TOLL SERVICES WITHIN
THE STATE OF IDAHO.
CASE NO. ERN-O5-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
attorney of record, Kira Dale Pfisterer, Deputy Attorney General, and in response to the Notice
of Application and Notice of Modified Procedure issued in Order No. 29796 on June 8, 2005
submits the following comments.
BACKGROUND
On March 14 2005 , Ernest Communications, Inc. filed an Application for a Certificate of
Public Convenience and Necessity (CPCN) to provide local exchange services to residential and
business customers within the State of Idaho. The Company amended its Application with
several replacement pages filed with the Commission on April 29, 2005.
STAFF COMMENTS JUNE 29, 2005
ST AFF ANALYSIS
Staff reviews all requests for a CPCN certificate pursuant to Idaho Code ~~ 61-526
through -528, IDAP A 31.01.01.111 and 112 (Rules 111 and 112), and Procedural Order No.
26665. In order to be issued a CPCN, a public utility must provide the Commission with the
following information: (1) name, address, and form of business; (2) the date on which the
applicant proposes to begin construction or anticipates that it will provide service, including a
written description of customer classes and services proposed to be offered; (3) the proposed
service territory; (4) certain financial information; (5) maps regarding the proposed service area;
(6) a proposed initial tariff and price sheets; (7) contact information; (8) interconnection
agreements if any; (9) an agreement to comply with the Commission s Rules; and (10) an escrow
account with a bonded escrow agent if the company requires advanced deposits from its
customers. Order No. 26665.
Ernest is a Georgia corporation authorized by the Idaho Secretary of State to transact
business within the State of Idaho. Ernest currently provides service in 21 states, including
Alabama, Arizona, California, Colorado, Florida, Georgia, Kentucky, Louisiana, Maryland
Mississippi, Missouri, New Jersey, New York, North Carolina, Oklahoma, Oregon, South
Carolina, Tennessee, Texas, Virginia, and Washington.
Ernest intends to provide the following local exchange services to residential and
business customers: basic local service, PBX trunk service, Direct Inward Dialing, and listing
services. The Company plans to offer these local exchange services primarily through the
purchase of unbundled network element platform (UNE- P) or its equivalent through
interconnection agreements with the incumbent local exchange carrier, Qwest. Ernest will also
offer optional calling services and interexchange toll services.
Along with the illustrative tariff, Ernest filed the requisite financial information, a
proposed service area map, and contact information. In addition, Ernest agrees to comply with
the Commission s Rules and has been responsive to Staffs inquiries.
STAFF RECOMMENDATION
Staff finds that the Company s filing fulfils the requirements of the Idaho Code the
Commission s rules, and Procedural Order No. 26665. Staff believes that the Company
understands and agrees to comply with the Commission rules and requirements. Staff further
STAFF COMMENTS JUNE 29, 2005
believes the Company possesses the requisite financial, managerial, and technical qualifications
necessary to operate as a provider of telecommunications services. Therefore, Staff recommends
approval of the Application for a Certificate of Public Convenience and Necessity.
CArrRespectfully submitted this ); I day of June 2005.
(fJ.
Kira Dale Pfist rer
Deputy Attorney General
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Technical Staff:Grace Seaman
i:umisc:comments/erntO5.1kdpgs
STAFF COMMENTS JUNE 29, 2005
CERTIFICA TE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 29TH DAY OF JUNE 2005
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF IN CASE
NO. ERN-05-, BY MAILING A COpy THEREOF POSTAGE PREPAID TO THE
FOLLOWING:
CAREY ROESEL
CONSULTANT
TECHNOLOGIES MANAGEMENT INC
PO BOX 200
WINTERPARKFL 32789
CERTIFICATE OF SERVICE