20060130Comments.pdf

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DONOV AN E. WALKER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5921
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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 EXTREME MEDIA TECHNOLOGIES
INc. DBA XMT3 FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
CASE NO. EXT-O5-
COMMENTS OF THE
COMMISSION STAFF
The Staff of the Idaho Public Utilities Commission, by and through its Attorney of record
Donovan E. Walker, Deputy Attorney General, in response to the Notice of Application and Notice of
Modified Procedure in Order No. 29944 issued on January 6 2006, submits the following comments.
INTRODUCTION
On June 2, 2005 , Extreme Media Technologies Inc. dba XMT3 (Company) filed an
Application for a Certificate of Public Convenience and Necessity with the Idaho Public Utilities
Commission (Commission). The Application seeks authority for the Company to provide local
exchange telecommunications services using IP voice over private networks within the State of Idaho
in areas where Qwest is currently designated as the incumbent local exchange carrier.
recommends approval of the Company s Amended Application filed on January 5 , 2006.
Staff
STAFF COMMENTS JANUARY 30, 2006
BACKGROUND
Staff reviews all requests for a CPCN certificate pursuant to Idaho Code ~~ 61-526 through-
528, IDAP A 31.01.01.111 and 112 (Rule 111 and 112), and Procedural Order No. 26665. To obtain a
CPCN, an Applicant 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.
On January 12 , 2005 , the Company filed its original Application and illustrative price list.
However, shortly after it submitted its filing the Company requested that it wished to withdraw the
filing as it may have contained sensitive and confidential information.
On June 2, 2005 , the Company resubmitted its filing. Staff reviewed the Company s filing and
found that there were numerous inadequacies in the Application and illustrative price list. On June 7
2005, Staff prepared a letter setting out revisions that were necessary to bring the price list and
Application into compliance with Idaho Statute and the Commission s Customer Relations Rules. A
redlined version of the Company s June Application and price list were enclosed with Staffs letter.
Staff also provided links to the Commission s home page where the Company could review the rules
and statutes that pertain to Certificate filings.
On September 2, 2005 , the Company submitted a filing that was still inadequate and did not
comply with the Commission s Customer Relation s Rules. On October 17, 2005, Staff again sent a
letter to the Company regarding the inadequacies of the third filing so as to bring the filing into
compliance with the Commission s Rules and Idaho Statute.
The Company, having retained the assistance of counsel, filed a final version of the Amended
Application and Price List on January 5 , 2006. Staff met and worked with the Company s Counsel
including the review of a draft Application and Price List, prior to the Company s final submission on
January 5 2006.
STAFF COMMENTS JANUARY 30, 2006
ST AFF RECOMMENDATION
Staff has reviewed the final filing presented on January 5, 2006, and has determined that the
Company s filing now complies with the requirements of the Commission. Staff further believes that
the Company understands and agrees to comply with the Commission rules and requirements. Staff
recommends approval of Extreme Media Technologies, Inc. dba XMT3's Application for a Certificate
of Public Convenience and Necessity.
Respectfully submitted this Pft... day of January 2006.
Donovan E. Walker
Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc:comments/exttOS.ldwch
STAFF COMMENTS JANUARY 30, 2006
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 30TH DAY OF JANUARY 2006
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. EXT-05-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
KIRK ADKISON
EXTREME MEDIA TECHNOLOGIES INC
280 N MAPLE GROVE RD
BOISE ID 83704
MOLLY O'LEARY
RICHARDSON &O'LEARYPLLC
PO BOX 7218
BOISE ID 83707
~f~~SECRETAR
CERTIFICATE OF SERVICE