20040805Comments.pdf

DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3366
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ESODUS COMMUNICATIONS, INC. DBA
INSTATONE FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
CASE NO. ESO-O4-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Donald L. Howell, II, Deputy Attorney General, in response to Order No.
29551 , the Notice of Application and Notice of Modified Procedure in Case No. ESO-04-
issued on July 29 2004, and submits the following comments.
BACKGROUND
On February 26 2004, Esodus Communications, Inc. dba INSTATONE filed an
Application for a Certificate of Public Convenience and Necessity to provide resold local
exchange services within the State of Idaho. Esodus is located in Belleair Beach, Florida and is
incorporated in the State of Florida. Esodus intends to provide resold local exchange services
within the service territories of Qwest Corporation and Verizon. The Company has no plans to
build facilities within the State of Idaho. The Company proposes to provide resold local
exchange services primarily to residential customers.
STAFF COMMENTS AUGUST 5, 2004
Esodus has obtained a Certificate of Authority to transact business as a foreign
corporation from Idaho s Secretary of State. Although the Company does not maintain an office
in Idaho, it does have a registered in-state agent. Esodus has submitted its financials for the
period ending December 31 2003. Staff has reviewed these documents and believes the
Company is solvent.
With this Application, Esodus proposes to provide resold local exchange service
(including flat and measured service), operator services, and optional services such as Caller
and Call Waiting in Idaho s Qwest and Verizon service areas. At this time, the Company does
not propose to collect separate deposits and has obtained an interconnection agreement in Idaho.
Esodus has been granted authority to provide local exchange service in several other
states such as Colorado and Kentucky and has an active long distance price list on file with this
Commission. Esodus also states that it has reviewed the rules of this Commission and affirms its
commitment to abide by them.
STAFF RECOMMENDATION
Staff has reviewed the Application submitted by Esodus Communications, Inc. d/b/a!
Instatone and believes the Company understands and agrees to comply with the Commission
rules and requirements. Based on this review of Esodus ' Application, Staff believes that the
Company s filing has satisfied all the requirements of the Commission s Rules and Procedural
Order No. 26665. Therefore, Staff recommends approval of the Application for Certificate of
Public Convenience and Necessity.
Respectfully submitted this . th day of August 2004.
Donald L. Ho , II
Deputy Attorney General
Technical Staff: Doug Cooley
umisc/comments/esotO4.1 dhdc
ST AFF COMMENTS AUGUST 5, 2004
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 5TH DAY OF AUGUST 2004
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. ESO-04-, BY MAILING A COpy THEREOF POSTAGE PREPAID, TO
THE FOLLOWING:
MICHAEL SERVOS
PRESIDENT
ESODUS COMMUNICATIONS
1020 SPRUCE DR
BELLEAIR BEACH, FL 33786
SEC.Jt
CERTIFICATE OF SERVICE