20071004Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 6864
RECE IV ED
2001 OCT -4 PM I: 29
IDAHO PUBLIC
UTILITIES COMMISSION
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
GLOBAL CAPACITY GROUP, INc. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE AND TELECOMMUNICATIONSSERVICES
CASE NO. GCG-O7-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Neil Price, Deputy Attorney General, and in response to Order No. 30428
the Notice of Application and Notice of Modified Procedure issued in Case No. GCG-07-
on September 13 , 2007 , and submits the following comments.
BACKGROUND
On July 13 2007, Global Capacity Group, Inc. ("Global") filed an Application for a
Certificate of Public Convenience and Necessity (CPCN) to provide resold and facilities-based
local exchange telecommunications services in State of Idaho pursuant to Commission Order No.
26665.
Global will provide all fonns of intrastate local exchange and interexchange
telecommunications services within Idaho.
STAFF COMMENTS OCTOBER 4, 2007
Global will provide these services by utilizing the facilities of incumbent local exchange
carriers ("ILECs ) already operating within Idaho, including Qwest and Verizon.
Global's service territory within Idaho will include all areas within Idaho, except those
areas currently being serviced by local exchange carriers ("LECs ) that are eligible for a small or
rural carrier exemption pursuant to Section 251 of the federal Telecom Act of 1996.
STAFF REVIEW
Staff has reviewed Global's Application and finds that it complies with the
Commission s requirements. Staff reviews all requests for a CPCN certificate pursuant to Idaho
Code ~~ 61-526 through -528, IDAPA 31.01.01.111 and 112 (Rules 111 and 112), and
Procedural Order No. 26665. In order to be issued a CPCN, a public utility must provide the
Commission with the following infonnation: (1) name, address, and fonn 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 infonnation; (5) maps regarding the
proposed service area; (6) a proposed initial tariff and price sheets; (7) contact infonnation; (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.
Globel's Application includes al ofthe required infonnation. Global is a Texas
corporation with its principal office in Houston, Texas. Global is authorized by the Idaho
Secretary of State to transact business within the State of Idaho and has a registered agent for
service in Idaho. Global is wholly owned by Capital Growth Systems, Inc.
Global plans to offer resold local and interexchange telecommunications services to both
business and residential customers in Idaho. The Company will provide these services using
unbundled network elements of the Incumbent Local Exchange Carrier (ILEC) except for those
rural ILECs where competitive entry may be prohibited.
Staff believes the Company possesses the requisite financial, managerial, and technical
qualifications necessary to operate as a provider of telecommunications services. In addition
Global agrees to comply with the Commission s Rules. Staff reviewed the Company
illustrative price list and it appears to comport with the Commission s guidelines.
STAFF COMMENTS OCTOBER 4, 2007
The Company does not anticipate collecting deposits, and therefore requests a waiver of
that portion of Commission Order No. 26665 that requires an Escrow Account be established.
STAFF RECOMMENDATION
Staff finds that the Company s Application and price list meets the requirements of the
Commissions Rules and Order No. 26665. Therefore, Staff recommends that the Commission
approve the CPCN Application and waive the escrow account requirement until the Company
begins to collect deposits.
Respectfully submitted this fJj!J:l. day of October 2007.
IA fl JK3;l Price
Deputy Attorney General
Technical Staff: Carolee Hall
i:/umisc/comments/gcgtO7.1 npch
ST AFF COMMENTS OCTOBER 4, 2007
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 4TH DAY OF OCTOBER 2007
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. GCG-07-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
LANCEJMSTEINHART P.
ATTORNEY AT LAW
1720 WINDWARD CONCOURSE, STE 115
ALPHARETT A GA 30005
GLOBAL CAPACITY GROUP INC
730 N POST OAK, STE 400
HOUSTON TX 77027
Jo IJ~SECRETARY
CERTIFICATE OF SERVICE