20030410Order No 29221.pdf

Office of the Secretary
Service Date
April 10 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF TEL WEST COMMUNICATIONS LLC
TO OBTAIN ITS CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE SERVICESIN IDAHO.
CASE NO. GNR-OI-
ORDER NO. 29221
On December 6, 2001 , the Commission granted Tel West Communications LLC'
Application to obtain a Certificate of Public Convenience and Necessity ("CPCN") to provide
resold local exchange services throughout Idaho. See Order No. 28909. However, the
Commission found that the CPCN would only be issued upon Tel West providing evidence of
establishment of a $20 000 performance bond. Id. To this date, Tel West has not provided
evidence to the Commission that it has posted a $20 000 performance bond. On March 10, 2003
Tel West filed an Application with the Commission demonstrating that it had established a
commercial escrow account at the Asia Europe Americas Bank for the purpose of protecting
customer advance payments. Attached to the Application is a photocopy of a bank statement for
this account along with a photocopy of the initial deposit slip. Tel West requests that the
Commission accept the commercial escrow account in lieu of requiring the Company to post a
performance bond. Upon acceptance of this account, Tel West requests that the Commission
issue the Company its CPCN.
STAFF RECOMMENDATION
Staff recommended that the Commission reopen this case to consider the Company
Application. Staff reviewed and analyzed Tel West's Application and recommended that the
Commission approve the Company s establishment of the commercial escrow account in lieu of
a performance bond as the means by which to protect the Company s customers. Staff also
believes that the $1 000 amount is sufficient at this time to protect the Company s customers.
Upon this approval Staff recommended that the Commission issue Tel West its CPCN.
COMMISSION FINDINGS AND DECISION
After considering the Company s Application and Staff s recommendation the
Commission will reopen this case. The Commission also finds that Tel West Communications
ORDER NO. 29221
LLC is authorized to transact business as a foreign corporation in the State of Idaho as
demonstrated by its filings with the Secretary of State.
In Commission Order No. 26665 we found that in lieu of requmng
telecommunications company to post a performance bond to protect customers who make
advance deposits, the company could instead establish an escrow account for the same purposes.
Order No. 26665 at 7. In this case the Commission finds that rather than requiring Tel West to
post a $20 000 performance bond to obtain its CPCN it will accept the Company s establishment
of the $1 000 escrow account as the means by which to protect its customers. Accordingly, the
Commission s Order No. 28909 that required the posting of a performance bond shall be
amended to allow the Company to establish an escrow account in its place as a condition for
issuance of its CPCN. In conformance with Order No. 26665 Tel West must submit quarterly
report filings to the Commission, directed to the Commission Secretary and to be filed under the
Case No. GNR-01-, recording any deposits or disbursements for the escrow account. After
two years, upon a good showing Tel West may request that the Commission review its
requirement that the Company maintain this account.
Based on the foregoing the Commission finds that Tel West Communications LLC
shall be issued its Certificate of Public Convenience and Necessity.
ORDER
IT IS HEREBY ORDERED that Case No. GNR-01-18 is reopened to consider and
rule upon Tel West Communications LLC's Application.
IT IS FURTHER ORDERED that Order No. 28909 is amended to allow Tel West to
use an escrow account in the amount of $1 000 to protect its customers rather than posting a
$20 000 performance bond.
IT IS FURTHER ORDERED that Tel West Communications LLC shall be issued its
Certificate of Public Convenience and Necessity to provide local exchange services in the state
ofIdaho.
THIS IS A FINAL ORDER in this case. 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-01-18 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 in interlocutory Orders previously
issued in this Case No. GNR-01-18. Within seven (7) days after any person has petitioned for
ORDER NO. 29221
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1"'"
day of April 2003.
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MARSHA H. SMITH, COMMISSIONER
ATTEST:
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Commission Secretary
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ORDER NO. 29221