20050719final order no 29827.pdf

Office of the Secretary
Service Date
July 19 2005
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-
ORDER NO. 29827
On March 14, 2005, Ernest Communications, Inc. filed an Application for a
Certificate of Public Convenience and Necessity to provide resold local exchange services
throughout the State of Idaho. The Company amended its Application with several replacement
pages filed with the Commission on April 29, 2005. On June 8, 2005, the Commission solicited
comments regarding Ernest's Application. See Order No. 29796. No comments were received
other than those submitted by Commission Staff. After reviewing the Application and
comments, the Commission approves the Application.
THE APPLICATION
Ernest seeks authority to offer local exchange services to residential and business
customers through the purchase of unbundled network element platform (UNE- P) or its
equivalent through interconnection agreements with the incumbent local exchange carrier
Qwest. Initially, Ernest plans to provide basic local service, PBX trunk service, Direct Inward
Dialing, and listing services.
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.
ST AFF COMMENTS
In its evaluation of Ernest's Application, Staff determined the Company s filing
complies with the requirements of the Commission. See Procedural Order No. 26665; IDAPA
31.01.01.111 and 112 (Rules 111 and 112). Staff believes that the Company understands and
agrees to comply with the Commission rules and requirements. Staff further believes that the
Company possesses the requisite financial, managerial, and technical qualifications necessary to
ORDER NO. 29827
operate as a provider of telecommunications services. Therefore, based on its review of the
Application, Commission Staff recommended approval of the Application for a Certificate.
COMMISSION FINDINGS
Based upon our review of the filing and the record in this case, the Commission finds
that Ernest's filing satisfies the requirements of the Commission s Rules and Procedural Order
No. 26665. Thus, we approve Ernest's Application for a Certificate of Public Convenience and
Necessity to allow the company to provide telecommunications services throughout the State of
Idaho in those geographic areas where competitive entry is not otherwise barred under either
federal or state law.
ORDER
IT IS HEREBY ORDERED that the Application of Ernest Communications, Inc, for
a Certificate of Public Convenience and Necessity is granted to enable the Company to provide
resold local exchange services throughout the State of Idaho in those geographic areas where
competitive entry is not otherwise barred under either federal or state law.
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
reconsideratiop, any other person may cross-petition for reconsideration. See Idaho Code 99 61-
626 and 62-619.
ORDER NO. 29827
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1r!-!1\
day of July 2005.
~t ARSHA H. SMITH, COMMISSIONER
ATTEST:
Je D. Jewell
Co mission Secretary
O:ERNT0501 kdp2
ORDER NO. 29827