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HomeMy WebLinkAbout20120119final_order_no_32441.pdfOffice of the Secretary Service Date January 19,2012 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ) GEILS COMMUNICATIONS,INC.FOR A )CASE NO.GEI-T-11-OI CERTIFICATE OF PUBLIC CONVENIENCE ) AND NECESSITY TO PROVIDE LOCAL ) EXCHANGE TELECOMMUNICATIONS )ORDER NO.32441 SERVICES IN IDAHO ) 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 §6 1-526 through - 528’,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 Staffwas 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,Attachment 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 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. Pursuant to the Idaho Telecommunications Act of 1988,specifically Idaho Code §62-604(1)(a),Geils is exempt from Title 61 regulation. ORDERNO.32441 1 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 COMMENTS Staff has reviewed Geils’Application and recommended 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 FINDINGS Based upon our review of Geils’Application and the record in this case,the Commission finds that Geils’filing satisfies the requirements of the Commission’s Rules and Procedural Order No.26665.Thus,we approve Geils’Application for a Certificate of Public Convenience and Necessity,subject to the conditions detailed below,to allow the Company to provide local exchange telecommunications services in the State of Idaho. ORDER IT IS HEREBY ORDERED that the Application of Geils Communications,Inc.for a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services in the state of Idaho is granted. IT IS FURTHER ORDERED that the Company’s Certificate of Public Convenience and Necessity shall be subject to the following conditions:(1)compliance with the Number Pool Administrator and Order No.30425 mandating number resource utilization forecast (NRUF) reporting;(2)contribution to the Idaho Universal Service Fund,Idaho Telecommunications Relay System (TRS),Idaho Telephone Assistance Program (ITSAP)and any future reporting requirements deemed appropriate for competitive telecommunication providers;(3)filing a final ORDERNO.32441 2 and complete price list with the Commission containing all of its rates,terms and conditions;and (4)an agreement from the Company to relinquish its Certificate and any telephone numbers if, within one year of the issuance of a CPCN,the Company is not offering local exchange telecommunications services in Idaho.. 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. DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /9’ day of January 2011. PAUL K LLAN,PRESIDENT %J1k MACK A.REDFORD,SSIONER 0 dL ,i £&% MARSHA H.SMITH,COMMISSIONER ATTEST: Jan D.Jewell( Commission Secretary O:GEI-T-I I-Olnp2 ORDERNO.32441 3