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HomeMy WebLinkAbout20050225Final Order No 29713.pdfOffice of the Secretary Service Date February 25 2005 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF FRANCE TELECOM CORPORATE SOLUTIONS L.C. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE RESOLD LOCAL EXCHANGE AND INTEREXCHANGE SERVICES. CASE NO. FRN-O4- ORDER NO. 29713 On December 23, 2004, France Telecom Corporate Solutions L.C. (FTCS) filed an Application for a Certificate of Public Convenience and Necessity to provide local exchange and toll services throughout the State of Idaho. In the Notice of Application and Modified Procedure issued January 24, 2004, the Commission sought comments regarding the Application. comments were received other than those submitted by Commission Staff. After reviewing the Application and comments, the Commission approves the Application. THE APPLICATION The Application requests authority to offer resold local exchange and interexchange services primarily to business customers in the State of Idaho. FTCS does not intend to own operate or construct any telecommunications facilities. The Company intends to enter into resale agreements with Qwest and Verizon within the next two years. In addition, FTCS plans to provide resold commercial mobile radio services. FTCS is a Delaware limited liability company with a corporate office in Herndon Virginia and is majority owned and controlled by France Telecom S., a publicly-traded company on both the Paris Stock Exchange and the New York Stock Exchange. FTCS has a Certificate of Good Standing issued by the Idaho Secretary of State on September 16, 2004. Although the Company does not maintain an office in Idaho, it does have a registered in-state agent for service. ST AFF COMMENTS In its evaluation of FTCS' 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. Staff believes that the Company understands and agrees to comply with the ORDER NO. 29713 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. While the Application states that FTCS is a newly formed Company and does not have any audited financial statements, Staff determined that FTCS demonstrated adequate financial capabilities by providing two letters of credit by the parent company, France Telecom, S.A. The Company has also provided France Telecom s financial filings with the Securities and Exchange Commission for the years 1999-2003. Therefore, based on its review of the Application, Commission Staff recommends 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 FTCS's filing satisfies the requirements of the Commission s Rules and Procedural Order No. 26665. Thus, we approve FTCS's Application for a Certificate of Public Convenience and Necessity to allow the Company to provide telecommunications services in those geographic areas currently served by Qwest and Verizon. ORDER IT IS HEREBY ORDERED that the Application of France Telecom Corporate Solutions L.C. for a Certificate of Public Convenience and Necessity is granted to enable the Company to provide resold local exchange and interexchange services in the geographic areas currently served by Qwest and Verizon. 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 reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~~ 61- 626 and 62-619. ORDER NO. 29713 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of February 2005. Commissioner Kjellander Out of the Office PAUL KJELLANDER, PRESIDENT !J~ MARSHA H. SMITH, COMMISSIONER DENNIS S. HANS N, COMMISSIONER ATTEST: fbl-"l A.fIV Barbara Barrows Assistant Commission Secretary O:FRNT0401 kdp2 ORDER NO. 29713