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February 27, 1998
Thomas M. Forte
Technologies Management, Inc.
210 N Park Avenue
PO Drawer 200
Winter Park, FL 32790-0200
RE: American Nortel Communications, Inc.
Dear Mr. Forte:
On February 10, 1998, Technologies Management, Inc. filed price lists with the Idaho Public Utilities Commission on behalf of American Nortel Communications, Inc., in order to authorize American Nortel to provide telecommunication services in Idaho. However, the Staff of the IPUC has learned that American Nortel has not obtained a certificate of authority to conduct business as a foreign corporation. Idaho Code § 30-1-106 requires a foreign corporation to obtain a certificate of authority from the Idaho Secretary of State’s office in order to conduct business within the state. A telecommunication company must have a certificate of authority in order to file price lists with the Commission to provide telecommunication services within the state.
Also, beginning December 5, 1997, the IPUC Staff has received several complaints that American Nortel has switched customers for services without authorization from the customer, an illigal technique commonly referred to as “slamming.” Since then, the IPUC Staff has received at least ten slamming complaints.
These activities by American Nortel constitute various violations of Idaho laws and IPUC regulations. Idaho Code § 62-620 authorizes civil penalties against telecommunications providers that violate Idaho laws and regulations. Such companies may be subject to a civil penalty of up to $2,000 per day for each day that a violation continues.
This letter is to provide notice that American Nortel is not authorized to conduct business within the state of Idaho, and that all available legal remedies may be sought against American Nortel if it continues to conduct illegal activities within the state. The price lists provided to the IPUC on February 10, 1998, are being returned with this letter. American Nortel may refile the price lists when it has complied with Idaho statutes to authorize its business transactions within the state.
In addition, if the IPUC Staff continues to receive slamming complaints by American Nortel, the IPUC and the Idaho Attorney General’s office may pursue all available legal remedies to discourage and prevent further complaints of slamming by American Nortel. I understand the IPUC Staff has informed customers that have complained of slamming that they have no obligation to pay charges they did not approve.
Sincerely,
Weldon B. Stutzman
Deputy Attorney General
WBS/vld:L:Forte
Enclosure
cc:William P. Williams, President
American Nortel Communications, Inc.
7201 E. Camelback, Ste. 320
Scottsdale, AZ 835251
Idaho Attorney General’s Office
Consumer Protection Division
Idaho State Tax Commission
Idaho Secretary of State’s Office
Myrna Walters, Commission Secretary
THOMAS M. FORTE
TECHNOLOGIES MANAGEMENT, INC.
210 N PARK AVENUE
PO DRAWER 200
WINTER PARK, FL 32790-0200
WILLIAM P. WILLIAMS, PRESIDENT
AMERICAN NORTEL COMMUNICATIONS, INC.
7201 E. CAMELBACK, STE. 320
SCOTTSDALE, AZ 835251
IDAHO ATTORNEY GENERAL’S OFFICE
CONSUMER PROTECTION DIVISION
PO BOX 83720
BOISE, ID 83720-0010
IDAHO STATE TAX COMMISSION
800 PARK BLVD.
BOISE, ID 83722
IDAHO SECRETARY OF STATE’S OFFICE
PO BX 83720
BOISE, ID 83720-0080