28989.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF NTERA, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
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CASE NO. GNR-T-01-13

ORDER NO. 28989

On July 27, 2001, NTERA, Inc. filed an Application for a Certificate of Public Convenience and Necessity to provide resold and facilities based local exchange services within the State of Idaho. On January 3, 2002, the Commission issued a Notice of Application and Notice of Modified Procedure. Order No. 28923. In response to this Order the Commission Staff submitted written comments and was the only party to do so.
BACKGROUND
As stated above, in compliance with Commission Rules of Procedure, NTERA, Inc. filed an Application for a Certificate of Public Convenience and Necessity to provide resold and facilities-based local exchange services throughout Idaho in Qwest’s and Verizon’s service territories and has provided a copy of that service area map. NTERA also does not intend to operate in ILEC service areas that are eligible for a small or rural carrier exemption pursuant to Section 251 of the federal Telecommunications Act of 1996. NTERA also intends to provide all forms of interexchange telecommunications services. NTERA is incorporated in the State of Florida and represents that it is in good standing under the laws of that State. NTERA is a wholly owned subsidiary of Radiant Holding, Inc. The Company obtained a Certificate of Authority from Idaho’'s Secretary of State on July 18, 2001. NTERA does not maintain an office in Idaho but does have a registered agent in the state.
NTERA states that it will initially provide service through resale agreements with incumbent local exchange carriers. Some of these services include local dial tone for both business and residential at flat rates, 1+ outbound long distance service, high-speed data services, and some feature services such as call forwarding and Caller ID. If market conditions allow, NTERA may build its own facilities.
NTERA advises that the public interest would be served by the issuance of this Certificate, by maintaining and enhancing competition in the local exchange marketplace in Idaho and by increasing customer choice.
STAFF RECOMMENDATION
Staff has reviewed the Application submitted by NTERA. Staff has also reviewed the financials submitted by NTERA. The Company also has been granted authority to provide services in several states.
The Company does not propose to require advanced deposits from its customers. However, based on the financials presented, an estimated number of potential customers, and the lack of operating history in Idaho, Staff recommended that the Company post a $25,000 bond should the Commission approve its Application. The bond should remain on file for the first year that NTERA serves customers in Idaho.
Based on its review of NTERA, Inc.’s Application, Staff found that the Company’s filing satisfies all the requirements of the Commission’s Rules and Procedural Order No. 26665. Thus, Staff recommended approval of the Application for Certificate of Public Convenience and Necessity contingent upon the Company’s posting of a $25,000 bond.
COMMISSION DECISION
Based on the comments, the law, and the record, the Commission grants NTERA’s Application for a CPCN. The Commission further finds that the Certificate shall be issued subject to NTERA, Inc. providing evidence of establishment of a $25,000 performance bond.
O R D E R
IT IS HEREBY ORDERED that NTERA, Inc.’s Application for a Certificate of Public Convenience and Necessity is granted subject to the requirement that the Company provide evidence to the Commission of establishment of a $25,000 bond.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. GNR-T-01-13 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 or interlocutory Orders previously issued in this case. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61626 and 62-619.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of March 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:GNRT0113-Jh2

ORDER NO. 28989 1

Office of the Secretary
Service Date
April 2, 2002