20050812Supplemental comments.pdf

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DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3366
2005 !\UG I 2 Aitc1 9: 41
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO BIG SKY TELECOM FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS SERVICES.
CASE NO. GNR-O3-
SUPPLEMENT AL
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
attorney of record, Donald L. Howell, II, Deputy Attorney General, and submits the following
supplemental comments in Case GNR-03-15.
BACKGROUND
On April 25 , 2003, Idaho Big Sky Telecom (IBST), a partnership, filed an Application
for a Certificate of Public Convenience and Necessity to provide local, long-distance, cellular
and Internet services within the State of Idaho. The Commission issued Order No. 29319
on August 20, 2003 , providing notice of the Application and soliciting comments. On
September 11 , 2003 , Staff filed comments expressing concerns about the technical and financial
capabilities of IBST and recommending denial of the Application. Staff also indicated the
Company had requested an opportunity to provide additional information to address Staff s
SUPPLEMENT AL
STAFF COMMENTS AUGUST 12, 2005
concerns. The Company provided resumes for key individuals, but the promised financial data
was never provided.
While waiting for this additional information, Staff became aware of an investigation by
the Idaho Department of Finance into allegations of violations of Idaho s securities regulations
by Idaho Big Sky Telecom and an affiliate, Big West Telecom. Because of the seriousness of
these allegations, Staff delayed further consideration of the Application until the Department of
Finance completed its investigation.
In June of2004, the Department of Finance filed a civil suit alleging that Idaho Big Sky
Telecom had defrauded investors, claiming that the losses sustained by Idaho investors exceeded
$100 000. In March 2005, a default judgment was issued in the Fourth District Court against
Idaho Big Sky Telecom, Big West Telecom and 4 individuals associated with both firms.
Staff attempted to reach IBST, but the telephone numbers identified in the Application
were either disconnected or not answered. E-mails were returned as undeliverable.
On July 18 2005, Staff sent a letter by Certified Mail to Idaho Big Sky Telecom at the
address identified in the Application indicating Staff intended to recommend denial based upon
the Judgment obtained by the Department of Finance. The letter invited IBST to submit further
comments by August 8, 2005. The letter was delivered on July 22, 2005 , and the signature
appears to be "Dottie Greenhouse . This name is not contained in any of the information
provided by the Company. However, as of August 11 2005, the Company has provided no
further information.
STAFF RECOMMENDATION
Based upon the default judgment and the lack of response from the Company, Staff
recommends that the Application of Idaho Big Sky Telecom be denied.
Donald L. ell, II
Deputy Attorney General
Technical Staff: Wayne Hart
i::umisc/comments/gnrtO3.15dhwh supp
SUPPLEMENT AL
STAFF COMMENTS AUGUST 12, 2005
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 12TH DAY OF AUGUST 2005
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. GNR-03-, BY MAILING A COpy THEREOF POSTAGE PREPAID
TO THE FOLLOWING:
IDAHO BIG SKY TELECOM
310NE 1ST AVENUE
HALLANDALE FL 33009
GERALD LAMBERT
PRESIDENT
BIG SKY TELECOM, INC.
128 E. MAIN STREET
EMMETT ID 83617
SECRETARY
CERTIFICATE OF SERVICE
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