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HomeMy WebLinkAbout20130122final_order_no_32721.pdfOffice of the Secretary Service Date January 22,2013 BEFORE THE IDAIO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF FIRST STEP INTERNET,LLC FOR )CASE NO.FSI-T-12-Oi REGISTRATION AS A WHOLESALE ) TELECOMMUNICATIONS PROVIDER IN ) IDAHO )ORDER NO.32721 ______________________________________________________________________________ ) On October 12,2012,First Step Internet,LLC (“FSI”or “Company”)filed an Application,pursuant to Commission Rule 114,IDAPA 31.01.01.114,as clarified in Procedural Order No.32277 in Case No.GNR-T-l 1-01,for registration as a facilities-based provider of wholesale local telecommunications services within the State of Idaho. On December 20,2012,the Commission issued a Notice of Application and Modified Procedure establishing a 21-day comment period.See Order No.32699.Commission Staff (“Staff’)‘as the only party to submit written comments within the established comment period. THE APPLICATION FSI is an Idaho corporation and lists its principal place of business as Moscow,Idaho. FSI is registered with the Idaho Secretary of State with John Teeter,Route 1,Box 27A, Princeton,Idaho 83857,listed as the Company’s Idaho registered agent for service. FSI states that it has not yet initiated interconnection negotiations with any incumbent local exchange carriers (ILECs).In the future,the Company intends to initiate negotiations with Frontier Communications and potentially other ILECs. FSI has reviewed all of the Commission rules and agrees to comply with rules applicable to competitive wholesale providers of local telecommunications services.The Company has requested a waiver of rules not applicable to such service providers. FSI acknowledges that,if the Company obtains numbering resources in Idaho,it will be subject to numbering conservation measures,including mandatory 1,000-block pooling, donation back to the pooi of unused or underutilized 1,000 number blocks,and submission of applicable utilizationlforecast reports at the 1,000-block level for each rate center within its service territory. ORDERNO.32721 1 STAFF COMMENTS AND RECOMMENDATION Staff reviewed FSI’s Application for compliance with the applicable legal requirements to be registered as a wholesale provider of telecommunications services in Idaho. Staff believes that the Company understands and agrees to comply with Commission Rules of Procedure 114 and Commission Order No.32277.Staff also believes that the Company possesses the requisite financial,managerial,and technical qualifications necessary to operate as a provider of telecommunications services. Staff recommended the Commission approve FSI’s Application to register as a wholesale telecommunications provider in Idaho,subject to the following conditions: 1.FST should comply with all number pooling and reporting requirements of the North American Numbering Plan Administrator,as set forth in Commission Order No.30425; 2.FSI should provide all necessary reports and contribute as appropriate to the Idaho Universal Service Fund,Idaho Telecommunications Relay System,and the Idaho Telecommunications Service Assistance Program; and comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers. COMMISSION FINDINGS In GNR-T-l 1-0 1,the Commission “opened a docket to investigate whether some sort of certification process is appropriate for Title 62 telecommunications providers that do not provide basic local exchange service.”Order No.32277 at 2.The Commission received written comments from several telecommunications companies operating in Idaho.The parties recommended that the Commission institute a certification or registration process to allow wholesale telecommunications providers that provide service that does not meet the definition of basic local exchange service “to be recognized as eligible to provide services in Idaho.”Id.at 3. The Commission ultimately ruled that “registration or certification of telecommunications companies that do not provide basic local exchange service,as defined by state law,is necessary to enable those companies to access important rights or privileges identified in the federal Telecommunications Act as they enter the telecommunications markets in Idaho.”Id.at 8.“Telecommunications companies that do not intend to provide basic local exchange service but request Commission registration may file an application pursuant to Rule 114,with minor modification to eliminate information required by the Rule relating to retail ORDERNO.32721 2 basic local exchange service.”Id.A company that completes the application process as required in Rule 114,Section 1 and Sections 5 through 8,will be recognized by the Commission as having successfully registered as a wholesale provider of telecommunications services in Idaho.”Id. The Commission finds that FSI is a wholesale telecommunications provider and has demonstrated a willingness and commitment ‘to adhere to number pooling and reporting requirements to assist the Commission in preserving numbers.”Order No.32277 at 8.Based upon our review of FSI’s Application and the record in this case,the Commission finds that FSI’s filing comports with Commission Rule of Procedure 114 and Order No.32277.Therefore, the Commission approves FSI’s Application for Certification as a wholesale telecommunications provider in Idaho,subject to specific conditions more fully described below. ORDER IT IS HEREBY ORDERED that the Application of First Step Internet.LLC for Certification as a wholesale telecommunications provider in Idaho is approved. IT IS FURTHER ORDERED that FSI’s Certification shall be subject to the following conditions:(1)comply with all number pooling and reporting requirements of the North American Numbering Plan Administrator,as set forth in Commission Order No.30425;(2) provide all necessary reports and contribute as appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay System,and the Idaho Telecommunications Service Assistance Program;and (3)comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers. 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. ORDERNO.32721 3 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of January 2013. ATTEST: PAUL KJELLANDERPRESIDENT MARSHA H.SMITH,COMMISSIONER JLan D.Jewell Commission Secretary O:FSI-T-12-OI np2 MACK A.REDFORD, ORDER NO.32721 4