WATSON.docx

July 27, 1998
Mr. Chris Watson
Vice President
Z-Tel, Inc.
4417 SE 16th PL
Cape Coral, FL 33904
RE: Z-Tel Communications Of Delaware, Inc. Tariff and Application
Dear Mr. Watson:
This is in response to the protest and objection that your Company filed with this Commission on July 1, 1998, in response to the Application of Z-Tel Communications of Delaware, Inc. to operate as a telecommunications long-distance company in the state of Idaho.  In that letter, you stated that your Company opposes Z-Tel Communication’s Application with this Commission because it has adopted a business name similar to your own which you contend might cause customer confusion and constitutes a “common law name infringement.”  
I have been instructed to advise you that this Commission is of the opinion that it does not have the legal authority to refuse the Application of a long-distance telecommunications provider solely on the basis of its name choice.  In fact, the Commission recently rejected a similar protest in Case No. M-8357-1 in which a motor carrier objected to the Application of a competing carrier who had adopted a similar name.  The Commission held, in Order No. 27599 issued in that case, that nothing in its administrative rules nor the Idaho Code contain any provisions pertaining to the business name that an applicant for a motor carrier permit issued by this Commission may use.  Similarly, nothing in the Commission’s telecommunications rules nor the Idaho Code speak to the choice of name by a telecommunications provider.
In light of the foregoing, it is my opinion that the Commission cannot grant you the relief that you seek.  If you wish to pursue this matter and obtain a formal order from the Commission, however, you may file a petition for a declaratory ruling by the Commission pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.  If you have any questions regarding the requirements of the Commission’s rules or any of its procedures, please do not hesitate to contact me.
Very truly yours,
Brad Purdy
Deputy Attorney General
BP/vld
vld/L:watson.bp
MR. CHRIS WATSON
VICE PRESIDENT
Z-TEL, INC.
4417 SE 16TH PL
CAPE CORAL, FL 33904