20071029Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER SMITH
COMMISSIONER REDFORD
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:NEIL PRICE
DATE:OCTOBER 16, 2007
SUBJECT:APPLICATION OF GLOBAL CAPACITY GROUP, INc. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; CASE
NO. GCG -07-01.
On July 13 , 2007, Global Capacity Group, Inc. ("Global") filed an Application for a
Certificate of Public Convenience and Necessity to provide facilities-based and resold local
exchange telecommunications services within the State of Idaho pursuant to Commission Order
No. 26665. Thereafter, the Commission set apart October 4 2007 as the deadline for comments
regarding Global's Application. See Order No. 30428. No comments were received other than
those submitted by Commission Staff.
THE APPLI CA TI 0 N
Global states that it will provide all forms of intrastate local exchange and
interexchange telecommunications services. Application at 4. It will provide these services by
utilizing the facilities of incumbent local exchange carriers ("ILECs ) already operating within
the State of Idaho, including: Qwest North, Qwest South, and Verizon. Id. Global has no
cuITent plans to install its own facilities in Idaho. Id. Global claims that it intends to offer its
services throughout the State of Idaho, with the exception of those areas currently being serviced
by a local exchange carrier "
(("
LECs )) which are eligible for a small or rural carrier exemption
pursuant to Section 251 ofthe Federal Telecom Act of 1996.Id. at 5.
Global is a Texas corporation and lists its principal place of business as Houston
Texas. Id. at 1. The Company is registered with the Idaho Secretary of State as a limited
liability company and lists National Registered Agents, Inc., 1423 Tyrell Lane, Boise, Idaho
83706, as its Idaho registered agent for service. Id. at 2.
DECISION MEMORANDUM
STAFF COMMENTS
Staff reviewed Global's Application and determined that the Company has complied
with the requirements of Procedural Order No. 26665 and IDAPA 31.01.01.111 and 112 (Rules
111 and 112). Staff believes the Company possesses the requisite financial, managerial, and
technical qualifications necessary to effectively operate as a telecommunications provider within
the State of Idaho. Staff also believes that the Company s illustrative price list comports with the
Commission s Rules and Order No. 26665. Staff notes further that the Company does not
anticipate collecting deposits and that the Company has requested a waiver of the escrow account
requirement found in Order No. 26665. Based upon its review, Staff recommends that the
Commission approve Global's Application for a Certificate of Public Convenience and Necessity
and waive the escrow account requirement until the Company begins to collect deposits.
COMMISSION DECISION
Does the Commission wish to approve Global Capacity Group, Inc.'s Application for
a Certificate of Public Convenience and Necessity to provide facilities-based and resold local
exchange telecommunications services within the State of Idaho?
Does the Commission wish to waive the escrow account requirement until the
Company begins to collect deposits?
;1/:Z
Nei Price
M:GCG-O7-
DECISION MEMORANDUM