20050711Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:KIRA DALE PFISTERER
DATE:JULY 5, 2005
RE:APPLICATION OF ERNEST COMMUNICATIONS, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO
PROVIDE RESOLD LOCAL EXCHANGE TELECOMMUNICATIONS
SERVICES. CASE NO. ERN-05-
On March 14, 2005, Ernest Communications, Inc. ("Ernest" or the "Company ) 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 2005 the Commission solicited comments regarding Ernest's Application.
See Order No. 29796. No comments were received other than those submitted by Commission
Staff.
THE APPLICATION
Ernest plans 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.
DECISION MEMORANDUM
STAFF 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
operate as a provider of telecommunications services. Therefore, based on its review of the
Application, Commission Staff recommends approval of the Application for a Certificate.
COMMISSION DECISION
Does the Commission wish to approve Ernest's Application for a Certificate of Public
Convenience and Necessity to provide resold local exchange services throughout the State of
Idaho?
/t~o.
Kim D ~ Pfiste~er
M:ERNTO501 kdp2
DECISION MEMORANDUM