20021007Final_Order No_29129.pdf

Office of the Secretar
Service Date
October 7,2002
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF BIG )SKY TELECOM,INC.FOR A CERTIFICATE OF )CASE NO.GNR-T-02-14
PUBLIC CONVENIENCE AND NECESSITY TO )PROVIDE LOCAL EXCHANGE )ORDER NO.29129TELECOMMUNICATIONSSERVICES.)
On August 15,2002,Big Sky Telecom,Inc.("Big Sky")filed an Application for a
Certificate of Public Convenience and Necessity to provide facilities-based and resold local
exchange service within the State of Idaho.Headquartered in Emmett,Idaho,Big Sky is an
Internet Service Provider (ISP)that has served Gem County since 1997.Big Sky currentlyoffers
high-speed wireless DSL services to over 100 customers and small businesses in Gem,Payette,
Canyon and Ada Counties where no other cable or Internet services exist.In the Notice of
Application and Modified Procedure issued August 30,2002,the Commission solicited
comments regarding Big Sky's Application.Order No.29105.No comments were received
other than those submitted by Commission Staff.Based on the comments,the law and the
record,the Commission grants Big Sky's Application.
THE APPLICATION
According to its Application,Big Sky intends to provide traditional wireline DSL
services to Emmett residential and business customers.Big Sky also plans to provide basic local
exchange services as an adjunct to their wireless DSL services,primarily in remote areas that
currently do not have basic local exchange service.To achieve these ends,Big Sky intends to
use a combination of fixed wireless services and wireline services purchased from Qwest at
wholesale prices.Qwest is the primary local exchange carrier (LEC)in Gem County with
Citizens Telecommunications Company (dba Frontier Communications)serving the Sweet and
Ola areas.In the future,Big Sky plans to provide combined Internet,data and voice services to
Emmett and Gem County businesses and residences.
STAFF COMMENTS
Staff reviewed the information provided by Big Sky in its Application and believes it
satisfies the requirements of Commission Rule of Procedure 111 (IDAPA 31.01.01.111)and
Procedural Order No.26665,which set out the necessary information to be included with an
application for a certificate.
ORDER NO.29129 1
Staff noted that Big Sky's plans to provide basic local exchange service initially in
Pearl,Idaho,which currentlyhas limited telephone service due to the costs of extending wireline
facilities to this location.The Commission Staff,Qwest and other wireline companies have
spent many hours trying to find an economical way to provide service to this area with no
success to date.Staff believes that Big Sky's wireless solution may be a means to achieve that
goal.
The Company's Application indicated that it is technically simple to add basic local
exchange service for the small number of customers it anticipates serving and would require only
a minimal incremental investment.Staff believes the Company has adequate technical skills to
provide the services identified in the Application.Therefore Staff found that the benefits of a
bond or other financial security instrument would outweigh the cost of distributing the proceeds
and other administrative functions.Consequently,Staff did not recommend imposing a financial
secunty requirement.
Staff noted that Big Sky specifically indicated in its Application it will comply with
all Commission rules.The Company also provided an illustrative tariff that demonstrates an
understanding of tariff requirements and processes.In sum,Staff recommended that a
Certificate of Public Convenience and Necessity to provide competitive local exchange service
in Idaho be provided to Big Sky Telecom,Inc.
COMMISSION FINDINGS
Based on the comments,the law and the record,the Commission grants the
Application.When considering an application for a Certificate,the Commission must determine
if the applicant has the necessary qualifications to provide service while still fostering
competition in the local telecommunications market.Based upon our review of the filing and the
record in this case,the Commission finds that Big Sky's filing satisfies the requirements of the
Commission's Rules and Procedural Order No.26665.Id.Thus,we approve Big Sky's
Application for a Certificate of Public Convenience and Necessity to allow the Company to
provide telecommunications services statewide.This is consistent with our previous Orders
granting statewide authority to provide telecommunications services to carriers meeting the
established requirements.
ORDER NO.29129 2
ORDER
IT IS HEREBY ORDERED that Big Sky Telecom,Inc.is granted a Certificate of
Public Convenience and Necessity to provide basic local exchange services.
THIS IS A FINAL ORDER.Any person interested in this Order or in interlocutory
Orders previously issued in this case 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
interlocutoryOrders previouslyissued 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 §61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho,this ,¶A
day of October 2002.
PAUL KJELLANDE ,PRESIDENT
MARSHA H.SMITH,COMMISSIONER
ENNIS S.HANS ,COMMISSIONER
ATTEST:
J D.Jewell
Co nmission Secretary
O:GNRT0214 ln2
ORDER NO.29129 3