20011108Comments.doc

JOHN R. HAMMOND
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5470

Street Address for Express Mail:
472 W. WASHINGTON
BOISE, ID 83702-5983

Attorney for the Commission Staff

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

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. )
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CASE NO. GNR-T-01-18

COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, John R. Hammond, Deputy Attorney General, and submits the following comments in response to Order No. 28881, the Notice of Application and Notice of Modified Procedure in Case No. GNR-T-01-18 issued on October 18, 2001.
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 in Qwest’s, Verizon’s and any other carrier’s service territory. Tel West is a privately owned limited liability company organized under the laws of the state of Arizona. Its 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 Company intends to market its products to end users throughout Idaho where full interconnection agreements can be negotiated with incumbent local exchange carriers (“ILECs”) in order to take advantage of unbundled network element combinations and other opportunities, thus qualifying the Company to be classified as a facilities-based carrier. Tel West is a non-facilities based company and does not intend to build facilities of its own at this time. Tel West proposes to provide basic telephone service to both residential and business users.
As soon as it receives the necessary approvals, Tel West proposes to begin its current service, an alternative for residential end users who cannot or prefer not to obtain service from the incumbent LEC. It proposes to provide residential basic telephone service (excluding toll and other charge-incurring services) with optional features such as Call Waiting and Caller ID for additional charges. Business basic service will include toll, directory assistance and additional features.
Recurring charges will be billed in advance. The Company does not intend to require advanced deposits and the Company has expressed it's intent to comply with Commission Rules.
ITA submitted comments in this case expressing concern that the rural independent local exchange carriers represented by ITA are exempted from obligations of incumbent local exchange carriers under section 251(c) of the 1996 Act. ITA suggested that Tel West should not be permitted to operate in the serving areas of Idaho's independent local exchange carriers until it has made bona fide requests for interconnection, services or network elements. Because Tel West expressly stated in its Application that it intends to provide services "where Interconnection and/or Resale Agreements can be negotiated with the ILECs," Staff believes that Tel West understands the process for providing service where rural exemptions are in place. Application at 1.
Tel West has filed all of the information required by this Commission. Staff has reviewed its Application and its illustrative tariff and finds no conflict between these documents and the Commission Rules and Idaho Law. However, because Tel West will bill in advance for its services, and has not established a working history in Idaho, Staff recommends a performance bond of $20,000 to be in force for a period of two years to protect customers' advance payments. Therefore, Staff recommends that this Application for a CPCN be approved conditioned upon Tel West’s filing of evidence of a bond as specified above.

DATED at Boise, Idaho, this day of November 2001.

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John R. Hammond
Deputy Attorney General

Technical Staff: Birdelle Brown

BB:JH:i:umisc/comments/gnrt01.18jhbb
This is Tel West’s second Application. The first was filed in August 2000, Case No. GNR-T-00-28, and was dismissed without prejudice when the instant Application in this case was filed.

STAFF COMMENTS 1 NOVEMBER 8, 2001