20120117Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL

DATE: JANUARY 12, 2012

SUBJECT: APPLICATION OF GEILS COMMUNICATIONS, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, CASE
NO. GEI-T-11-01

On November 7, 2011, Geils Communications, Inc. (“Geils” or “Company”) filed a
Revised Application, including a copy of its illustrative tariff and price list, seeking a Certificate
of Public Convenience and Necessity (“CPCN”), pursuant to Idaho Code §§ 61-526 through
-5281, IDAPA 31.01.01.111 (Rule 111), and Procedural Order No. 26665, in order to provide
competitive local exchange and interexchange services in Idaho. Application at 1.
On December 2, 2011, the Commission issued a Notice of Application and Notice of
Modified Procedure with a 21-day public comment period. See Order No. 32407. Commission
Staff was the only party to submit written comments within the established comment period.
THE APPLICATION
Geils is a Nevada corporation and lists its principal place of business as Hellertown,
Pennsylvania. Id. at 1-2. Geils is registered with the Idaho Secretary of State as a foreign
corporation and lists National Registered Agents, Inc., 1423 Tyrell Lane, Boise, Idaho 83706, as
its Idaho registered agent for service. Id. at 2, Atch. 2.
In its Application, Geils states that the Company “proposes to offer local and long
distance telecommunications service to residential and business customers.” Id. Geils does not
plan on constructing new facilities in Idaho. Id. The Company intends to utilize the underlying
network and facilities of Qwest Corporation dba CenturyLink QC (“CenturyLink”). Id. In
1 Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code § 62-604(1)(a), Geils is exempt
from Title 61 regulation.
DECISION MEMORANDUM 2
August 2011, Geils initiated talks with CenturyLink in order to obtain an interconnection
agreement in Idaho. Id. Geils “intends to resell the services of [CenturyLink].” Id. The
Company’s proposed service territory will include all areas in Idaho wherein CenturyLink is
currently offering telecommunications services. Id.
Geils states that it has reviewed and will comply with all of the Commission’s rules.
Id. at 3. The Company also indicated that it will not collect advanced payments or deposits and
requests a waiver of the Escrow Account or Security Bond requirement. Id.
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed Geils’ Application and recommends that the Commission approve
the Company’s Application subject to the following conditions:
1. The Company complies with the number pooling and reporting
requirements of the North American Numbering Plan Administrator, as set
forth in Order No. 30425;

2. The Company provides necessary reports and contributes as appropriate to
the Idaho Universal Service Fund, Idaho Telecommunications Relay
System, Idaho Telecommunications Service Assistance Program, and
complies with all future reporting requirements deemed appropriate by the
Commission for competitive telecommunications providers; and

3. The Company shall relinquish its Certificate and all telephone numbers if,
within one year of the issuance of a CPCN, the Company is not providing
local exchange telecommunications services in Idaho.

COMMISSION DECISION
Does the Commission wish to approve Geils’ Application for a Certificate of Public
Convenience and Necessity to provide local exchange and interexchange telecommunications
services in the State of Idaho subject to the aforementioned conditions?

M:GEI-T-11-01_np2