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HomeMy WebLinkAbout2001514_jh.docDECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN JEAN JEWELL RON LAW LOU ANN WESTERFIELD LYNN ANDERSON TONYA CLARK DON HOWELL RANDY LOBB JOE CUSICK DOUG COOLEY BEV BARKER GENE FADNESS WORKING FILE FROM: JOHN R. HAMMOND DATE: MAY 14, 2001 RE: IN THE MATTER OF THE APPLICATION OF ESSEX COMMUNICATIONS DBA eLEC COMMUNICATIONS FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE FACILITIES-BASED LOCAL EXCHANGE AND INTERLATA INTEREXCHANGE SERVICES IN IDAHO. CASE NO. GNR-T-00-26. On August 9, 2000, Essex Communications, Inc. dba eLEC Communications (Essex) filed an Application for a Certificate of Public Convenience and Necessity (CPCN) in compliance with Commission Rules of Procedures, IDAPA 31.01.01.111 and Procedural Order No. 26665. Essex is seeking authorization to provide resold local exchange services within the service areas of U S WEST North, U S WEST South, and Verizon within the state of Idaho. Specifically, the Company's accompanying Application and example tariff states its intention to provide all forms of intrastate local exchange services and interexchange services to both business and residential customers. Essex states that it will initially provide service through resale agreements with incumbent local exchange carriers. If market conditions allow, Essex may build its own facilities. Some of these services include local dial tone for both business and residences at flat rates, 1+ outbound long distance service, calling cards, directory assistance, high-speed data services, and some feature services such as call forwarding and caller I.D. Essex is a New York corporation with headquarters in Melville, New York and is a subsidiary of eLEC Communications Corp. (ELEC:NASDAQ), headquartered in Norwalk, Connecticut. The Company obtained a Certificate of Authority from the Idaho Secretary of State on July 18, 2000, and has obtained authority to provide local service in several other states. Essex does not maintain an office in Idaho but does have a registered agent for this state. Essex contends that it has the necessary technical and financial ability to provide service in Idaho and has stated its intent to comply with Idaho Rules and Laws. Notice of Application and Notice of Modified Procedure in Case No. GNR-T-00-26 was issued on April 18, 2001. Staff was the only party to submit comments. Staff Recommendation: Based on Staff’s review of Essex Communications, Inc.'s Application, it believes that the Company's filing has satisfied all the requirements of the Commission’s Rules and Procedural Order No. 26665. Therefore, Staff recommends approval of the Application for Certificate of Public Convenience and Necessity contingent upon the Company's posting of a $25,000 bond. Commission Decision: Does the Commission wish to grant Essex’s Application for a CPCN subject to the posting of a $25,000 bond? John R. Hammond Staff: Doug Cooley M:gnrt0026_jh DECISION MEMORANDUM 2