HomeMy WebLinkAbout11262001.docDECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
BILL EASTLAKE
LOU ANN WESTERFIELD
TONYA CLARK
DON HOWELL
RANDY LOBB
JOE CUSICK
BIRDELLE BROWN
TERRI CARLOCK
BEV BARKER
GENE FADNESS
WORKING FILE
FROM: JOHN R. HAMMOND
DATE: NOVEMBER 26, 2001
RE: IN THE MATTER OF THE APPLICATION OF TEL WEST COMMUNICATIONS, LLC, FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE SERVICES IN IDAHO. CASE NO. GNR-T-01-18.
On August 16, 2001, Tel West Communications, LLC, filed an Application for a Certificate of Public Convenience and Necessity (“CPCN”) to provide resold local exchange services throughout Idaho. Tel West is a privately owned limited liability company organized under the laws of the state of Arizona. The Company’s primary business address is in Seattle, Washington. Tel West has registered with the Secretary of State for the State of Idaho as required by Idaho Code § 53-651 and thus can transact business in this state if a CPCN is granted.
The Commission issued Notice of Application and Notice of Modified Procedure in this case on October 18, 2001. Order No. 28881. The Commission Staff and the Idaho Telephone Association (“ITA”) filed written comments in response to this Notice.
ITA’S COMMENTS
ITA stated that any grant of a CPCN to Tel West should be made expressly subject to the exemption of ITA members from the obligations of incumbent local exchange carriers under section 251(c) of the 1996 Act, until such time as the requirements for lifting such exemption contained in section 251(f) of the 1996 Act have been met.
STAFF RECOMMENDATION
Staff has reviewed the Company’s Application and supporting documentation and believes that all required information has been filed with the Commission. After this review Staff believes that Tel West has met all the requirements necessary for a CPCN to be granted. Accordingly, Staff recommends approval of Tel West’s Application for a CPCN. However, because Tel West will bill in advance for its services and has not established a working history in Idaho, Staff recommends that the Commission grant this Application subject to the posting of a $20,000 performance bond for a period of two years to protect customers’ advance payments.
COMMISSION DECISION
Does the Commission wish to approve Tel West’s Application for a Certificate of Public Convenience and Necessity?
If so does the Commission wish to make this approval subject to the posting a $20,000 performance bond for a period of two years?
John R. Hammond
Staff: Birdelle Brown
M:GNRT0118_jh
DECISION MEMORANDUM 2