20030410Minute Order.pdf

Office of the Secretary
Service Date
April 10, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF REVOKING TELECENTS
COMMUNICATIONS, INc.'S AUTHORITY TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
CASE NO. GNR- T -03-
MINUTE ORDER
On July 31 , 2001 , TeleCents Communications, Inc. filed an Application for a
Certificate of Public Convenience and Necessity ("CPCN") to provide resold and facilities-based
local exchange services throughout Idaho in Qwest's and Verizon service territories.
TeleCents also intended to provide all forms of interexchange telecommunications services.
May 13 , 2002, the Commission issued a Notice of Application and Notice of Modified
Procedure. Order No. 29021. Based on the law and the record, the Commission granted the
Application. See Order No. 29066. However, the Commission found that TeleCents had to post
a $5 000 bond prior to it being granted its CPCN.
TeleCents has never provided evidence that it has posted the required bond.
addition, the Company advised the Commission Staff by electronic mail on April 1 , 2003 that it
is no longer interested in maintaining or obtaining its CPCN in the State of Idaho.
COMMISSION DECISION
A CPCN is subject to and contingent upon statutory conditions, regulations and
restrictions. See Order No. 26665. The nature of the grant is such that it is always subject to
review. The grant of a CPCN entails a reciprocal acceptance of responsibility and duties by the
regulated utility. Failure to perform those duties makes it fair, just and reasonable for the
Commission to revoke a Company s privilege to provide service in Idaho. Breach of condition
whether express or implied, upon which the grant depends is grounds for termination or recision.
Because TeleCents has failed to meet the conditions proscribed by the Commission to
receive a CPCN and no longer desires to obtain it, any authority previously given by the
Commission to the Company in Order No. 29066, Case No. GNR-01-, to provide local
exchange services is revoked. The Commission also finds that TeleCents' illustrative tariff(s) for
local exchange services in Idaho shall be removed from the Commission s active files.
MINUTE ORDER
DATED at Boise, Idaho this
ATTEST:
O:GNRT0313jh
MINUTE ORDER
'1-1"-day of April 2003.
~ENf
MARSHA H. SMITH, COMMISSIONER