20030404Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:JOHN HAMMOND
DATE:APRIL 4, 2003
SUBJECT:IN THE MATTER OF THE APPLICATION OF TEL WEST
COMMUNICATIONS LLC TO OBTAIN ITS CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY, CASE NO. GNR-01-18.
On December 6, 2001 , the Commission granted TelWest Communications LLC a
Certificate of Public Convenience and Necessity to provide resold local exchange services
throughout Idaho. See Order No. 28909. However, the Commission found that the Certificate
would only be issued upon Tel West providing evidence of establishment of a $20 000
performance bond. !d. 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. The
Company has attached to its Application a photocopy of a bank statement demonstrating
establishment of the 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 recommends that the Commission reopen this case to consider the Company
Application. Staff has reviewed and analyzed Tel West's Application and recommends that the
Commission establishment of the commercial escrow account as a means by which to protect the
DECISION MEMORANDUM
Company s customers. Upon this acceptance the Staff recommends that the Commission issue
Tel West its CPCN.
Commission Decision
Does the Commission wish to reopen this case? Does the Commission wish to
approve Tel West's Application and issue the Company s Certificate of Public Convenience and
Necessity?
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DECISION MEMORANDUM
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Ms. Jean J ewe!
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
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VIA U.S. MAIL
LETTER OF TRANSMITTAL
Dear Ms. Jewel:
Tel West Communications, LLC ("Tel West ) hereby submits the original and three (3)
copies of its initial Price List No., as required by the Commission in Order No. 28909 in
Case No. GNR-01-18. In addition, Tel West also hereby submits additional documents in
response to the Commission s requirement that Tel West provide evidence of establishment
of a perfonnance bond to protect customer pre-payments. In lieu of a perfonnance bond, as
permitted under Idaho Order No. 26665, Tel West has established a commercial escrow
account to achieve the same purpose of protecting customer advance payments. Enclosed is
a photo-copy of a bank statement demonstrating establishment of the account, along with a
photo-copy of the initial deposit slip. As required under Order No. 26665, Tel West will
submit quarterly reports to the Commission showing any deposits or disbursements from theaccount.
I would appreciate acknowledgement of receipt of this filing. A copy of this Letter of
Transmittal, along with a stamped, self-addressed envelope is enclosed for this purpose.
Please contact me with any questions pertaining to this matter.
Sincerely,
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Donald o. Taylor if -
Regulatory Compliance Consultant
Enclosures
cc:Tel West
TAYLOR TELECOM CONSULTING SERVI-CE . 24428 - 14STH PLACE SE . KENT , WASHINGTON 98042
PHONE: :[phone]. FAX: [phone] . EMAIL: DONALDOTAYLOR~MSN-COM
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B A
J 505 Westlake Avenue North, Suite 125
Seattle. WA 98109 U.
Tel [phone]
Fax [phone] DATE: 02/28/03
TEL WEST IDAHO
CUSTOMER ESCROW ACCOUNT
PO BOX 94447
SEATTLE WA 98124
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**REALTIME BANKING AND ONLINE BILL PAYMENT**
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1iLINE/~~TIME BbN!CIN~n GIV~S YOUTHE FREEOOM TQ..1iANAGE YQllR AEA ,ACCOUNTS24 HOURS A DAY. ONLINE BILL PAY IS THE SAFE , CONVENIENT & ECOMONICAL WAYTO PAY THOSE MONTHLY BILLS. ASK US ABOUT THE EASE OF SIGNING UP TODAY!
================================================================================
BUSINESS MONEY MKT ACCOUNT 1007020439
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MINIMUM BALANCE
AVG AVAILABLE BALANCE
AVERAGE BALANCE
LAST STATEMENT 02/19/03
CREDITS
DEBITS
THIS STATEMENT 02/28/03
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ASIA'EUROPE'AMERICAS BANK
Af:~1505 WestlokeAve, N, Su;te 125
Seo"lo, WA 98109 U,
Ph, [phone] Fox [phone]
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~wW. ~e~-b~nk. comThe bank symbol, transaction number, dote and amount of your deposit ore shown above,Member FDIC Deposits may not be available for immediate withdrawal
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