20021024Request to Clarify Records.pdf

OneS
October 23,2002
Idaho Public Utilities Commission r
Attn:Ms.Jean Jewell rn
472 West Washington Street
State House o
Boise,ID 83702
RE:OneStar Long Distance,Inc.'s Request to Clarify Records
NEW CASE
Dear Ms.Jean Jewell:
Enclosed please fmd an original and three (3)copies plus one 3.5"disk of OneStar Long
Distance,Inc.'s ("OneStar")Request to Clarify the Commission's Records in light of the
Liquidation of Network One.
OneStar respectfullyrequests all Commission responses and/or actions be completed by
end-of-year 2002.
Acknowledgement and date of receipt of this filing are requested.Please date and file
stamp the attached copy of this letter and return it in the pre-addressed,postage-prepaid
envelope provided.Thank you for your time and consideration regarding this matter.
Sincerely,
Linda Grossman
Reports and Tariff Analyst
OneStar Long Distance,Inc.
Enclosures
7100 Eagle Crest Boulevard,Suite Be Evansville,Indiana 47715-8152 e www.onestarld.com
Before the Idaho Public Utilities Commission
In the Matter of:
Request of OneStar Long )
Distance,Inc.to Clarify )Docket No./$'
The Commission's Records )In Light of the Liquidation )Of Network One )
Request of OneStar Long Distance,Inc.
To Clarify the Commission's Records
In Light of the Liquidationof Network One
I.Introduction
On August 22,2001,OneStar Long Distance,Inc.("OneStar-LD")and CRG
International,Inc.(operating as "Network One")made a joint filing ("Joint Filing")notifying
this Commission of their intention to enter into a transaction whereby the assets of both OneStar-
LD and Network One would be contributed to a newly formed entity,OneStar Communications,
LLC ("OneStar-Com").In addition,OneStar-Com filed an interexchange tariff to replace the
tariffs of OneStar-LD and Network One.
It was contemplated that upon approval of the Joint Filing and the various certification
filings by this Commission,its sister public utilities commissions throughout the country and the
Federal Communications Commission ("FCC"),OneStar-Com would be the provider of
telephone service to the customers of OneStar-LD and Network One and that both OneStar-LD
and Network One would cease operating as public utilities and their existence would be
terminated.
In response to the filing,on September 1,2001,this Commission accepted OneStar-
Com's tariff for filing and cancelled the tariffs of OneStar-LD and Network One.
Before all of the requisite regulatory approvals had been obtained (and thus before the
transactions contemplated above could be lawfully effected'),Network One ceased doing
business and liquidated its assets pursuant to Chapter 7 of the U.S.Bankruptcy Code.This
'As is typically the case where a carrier holds certification or other operating authority in multiple states,
approvals of applications for transfer of assets trickle in over several months.However,since assets are governed by
multiple states,the assets cannot be transferred until approval has been obtained by all states.The classic example is
that a switch located in Indiana is subject to the jurisdiction of every state public utilities commission that has issued
OneStar-LD or OneStar-Com a certificate of public convenience or similar authority.
DCI -168205.02
Commission was notified of this unexpected turn of events by counsel for Network One via a
letter dated April 17,2002.As a result of Network One's Chapter 7 filing,it ceased operating as
a provider of telephone service.In a number of states OneStar-LD offered to provide service to
the former customers of Network One,and many have accepted that offer.Others have chosen
another provider.
II.Requests
A.Requests Being Made of the Various Public Utilities Commissions
As noted above,Network One has determined to cease operations rather than to
contribute its assets to OneStar-Com.Thus,there is no longer any reason for OneStar-LD to
contribute its assets to OneStar-Com.Since OneStar-Com was established solely for the
purposes of effectuating the transaction described in the Joint Filing,there is no longer any
reason for OneStar-Com's existence and,accordingly,OneStar-Com will cease to exist.
OneStar-LD therefore is making a filing with this Commission and a majorityof the state
public utilities commissions around the country designed to (i)clarify that OneStar-LD will
continue to operate as a public utility,(ii)clarify that OneStar-Com will not be operating as a
public utility,and (iii)consolidate the certifications issued to OneStar-LD and OneStar-Com
with OneStar-LD.In order to accomplish these goals,OneStar-LD is requesting generally of
each state commission that:
1.The commission's records reflect that the transaction described in the Joint
Filing was not effectuated and that OneStar-Com will cease to exist.
2.The commission's records reflect that to the extent the Commission has
previously granted operating authority to OneStar-LD,that OneStar-LD will
continue to operate as OneStar-LD.
3.To the extent that a commission has granted a certificate or other operating
authority to OneStar-Com that OneStar-LD does not itself currentlyhave (such
authority being requested in order to serve the customers that will now remain
with OneStar-LD)that such certificate be transferred on a pro forma basis to
OneStar-LD.
4.To the extent that a commission has granted to OneStar-Com a
certification or other authority that is duplicative of an authority that the
commission had previously issued to OneStar-LD,that such certificate or
authority be cancelled.
5.To the extent an application for certification or authority is pending on
behalf of OneStar-Com,which is duplicative of an authority that OneStar-LD
already has,that such application be dismissed.
lX l -16N205.02
6.To the extent an application for certificate or authority is pending on
behalf of OneStar-Com which is not duplicative of an authority that OneStar-LD
already has,that such application be granted in the name of OneStar-LD.
B.Request of This Commission
Accordingly,OneStar-LD requests that this Commission;
1.Reflect in its records that the transaction contemplated by the Joint Filing
was not effectuated.
2.Reflect in its official records that OneStar-LD will continue to operate
pursuant to the interexchangeauthority previously granted to it.
3.Cancel the interexchangetariff,and therefore authority,of OneStar-Com.
4.Take such other actions as the Commission deems appropriate given the
facts and circumstances of this case.
Out of an abundance of caution,OneStar-LD has filed its request in this state and in sister
states in the style of a formal pleading that contemplates the establishment of a docket and the
issuance of a Commission order.However given (i)the pro forma nature of the requests,(ii)that
the relief sought is essentially administrative in nature (permitting the simplification of the
Commission's records and the minimization of the number of annual reports,tariff and otherfilingsthattheCommissionwillreceiveandhavetorevieweachyear),and (iii)that grant of the
requests will simplify the information that must be provided to consumers on invoices (reflecting
the existence of only one operating company,not two),OneStar-LD believes that these requests
are administrative in nature.Accordingly,OneStar-LD would prefer that these matters be
handled without the opening of a formal proceeding if possible.This would enable OneStar-LD
to rationalize its internal records,its tariffs,and communications to customers without delay.
III.Contact Information
Correspondence or communications pertaining to this filing should be directed to:
Ami Larrison
Director of Regulatory Affairs
OneStar Long Distance,Inc.
7100 Eagle Crest Boulevard
Evansville,Indiana 47715
Tel:[phone]
Fax:[phone]
Email:[e-mail]
IV.Conclusion/Public Interest
In light of Network One's bankruptcy filing,OneStar-LD believes that the public interestwillbeservedbythesimplificationandclarificationoftheCommission's records requested by
this filing and that there are no adverse public interest ramifications of grant of this request.
OneStar-LD has filed this request for clarification of the Commission's internal records toreflectthefactthattheproposedmergerofinterestsofOneStar-LD and Network One did not
and will not occur.OneStar-LD also desires to simplify the Commission's records to reflect that
in the future,OneStar-LD (and not some combination of OneStar-LD and/or OneStar-Com)will
be the company that delivers telephone service to end users.OneStar-LD believes that thisclarificationisfunctionallyadministrativeandproformainnatureandshouldnotrequireformal
Commission action in the majority of states throughout the U.S.However,out of an abundanceofcautionOneStar-LD has sought to provide sufficient information in this filing as to enable the
Commission to act on this information as an application if necessary.However before
proceeding in this manner or initiating a formal proceeding,OneStar-LD respectfully requests
that Commission Staff contact the undersigned by telephone or email.
Respectfully submitted,
Ami Larrison
Director of Regulatory Affairs
OneStar Long Distance,Inc.
7100 Eagle Crest Boulevard
Evansville,Indiana 47715
Tel:[phone]
Fax:[phone]
Email:[e-mail]
Date:October 23,2002
DCl -168205.02