20040908Final Order No 29586.pdf

Office of the Secretary
Service Date
September 8, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF ESODUS COMMUNICATIONS, INC.
DBA INST A TONE FOR A CERTIFICATE OF
PUBLI C CO NVENIEN CE AND NECESSITY
TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
CASE NO. ESO-O4-
ORDER NO. 29586
On February 26, 2004 Esodus Communications, Inc. dba INST A TONE filed an
Application for a Certificate of Public Convenience and Necessity to provide resold local
exchange services within the State of Idaho. On July 29, 2004, the Commission issued a Notice
of Application and Notice of Modified Procedure requesting comments on the Application.
comments were received other than those submitted by Commission Staff. Based on the
comments, the law and the record, the Commission grants Esodus ' Application.
THE APPLICATION
Esodus is incorporated in the State of Florida with its principal offices located in
Belleair Beach, Florida. Esodus intends to provide resold local exchange services within the
service territories of Qwest Corporation and Verizon. The Company proposes to provide resold
local exchange services primarily to residential customers.
According to its Application, Esodus has not initiated interconnection negotiations
with Qwest or Verizon. The Company s local calling areas will initially coincide with the
individual calling areas of Qwest and Verizon. The Company also stated that it will not require
deposits or prepayments. Esodus stated that it has reviewed the laws and regulations governing
local exchange telecommunications services in Idaho and certified that it will provide service in
accordance with all laws, rules and regulations to the extent they are not preempted by the
federal Act.
STAFF COMMENTS
In its comments, Staff noted that Esodus has obtained a Certificate of Authority to
transact business as a foreign corporation from Idaho s Secretary of State. The Company does
have a registered in-state agent. Staff has reviewed Esodus' financial data for the period ending
December 31 2003 , and believes that the Company is solvent.
ORDER NO. 29586
The Staff reports that Esodus proposes to provide resold local exchange servIce
(including flat and measured service), operator services, and optional services such as Caller ill
and Call Waiting to Qwest and Verizon service areas. Esodus is also providing local exchange
service in several other states including Colorado and Kentucky. It has an active long-distance
price list on file with this Commission. Esodus has stated that it has reviewed the Commission
telecommunications rules and affirms its commitment to abide by them. Based upon its review
the Staff recommended that the Commission approve Esodus' Application to provide resold local
exchange service in Idaho.
COMMISSION FINDINGS
Based on the Commission s review of the record and Staffs comments, the
Commission finds that Esodus ' Application complies with the Commission s Rules and
Procedural Order No. 26665 necessary to obtain a Certificate of Public Convenience and
Necessity. Therefore we approve Esodus' Application for a Certificate to provide local
exchange service within the State of Idaho.
ORDER
IT IS HEREBY ORDERED that Esodus Communications dba INSTATONE
granted a Certificate of Public Convenience and Necessity to provide local telecommunications
service within the State of Idaho subject to the provisions of Section 251(f) of the federal
Telecommunications Act.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. ESO- T -04-
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 or in interlocutory Orders previously issued in
this Case No. ESO- T -04-Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~~ 61-
626 and 62-619.
ORDER NO. 29586
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 7f1'-
day of September 2004.
~~A~ LJ
ARSHA H. SMITH, COMMISSIONER
ATTEST:
Je D. Jewell
ission Secretary
bls/O:ESOT040 1 dh2
ORDER NO. 29586