20030728Final Order No 29302.pdf

Office of the Secretary
Service Date
July 28, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF BAK COMMUNICATIONS, LLC FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE SERVICES IN IDAHO.
CASE NO. GNR- T -03-
ORDER NO. 29302
On May 14, 2003 , BAK Communications filed an Application for a Certificate of
Public Convenience and Necessity (CPCN). The Company included an illustrative tariff with its
filing. Staff reviewed the filing and found that it was grossly out of compliance with the
Commission s Rules of Procedure, Telephone Customer Relations Rules and Idaho statutes.
On June 9, 2003 , Staff sent a letter with a marked up copy of the Application and
tariff to BAK directing the Company to the Commission s home page where the Rules of
Procedure and Telephone Customer Relations Rules are located. Staff recommended that the
Company use the "model tariff' that is provided to assist new competitive carriers. Staff also
encouraged the Company to contact Staff for assistance in bringing the Application and tariff
into compliance. The Company was given until July 1 , 2003 to correct and resubmit its filing.
The Company did not respond.
On July 3 , Staff sent an e-mail to Mr. Manzilla, Chief Operations Officer for BAK
Communications, LLC. Staff explained that it would request that the Commission dismiss the
Company s Application for failure to timely file corrections to its Application and illustrative
tariff. Staff placed a final deadline on the Company for a response by July 8, 2003. On July 8
2003, Staff received a response to its e-mail wherein the Company indicated that it was working
on its revised Application and tariff and requested two more days to file. Staff agreed to the
extension of time. As of July 18, 2003, Staff had not received a revised Application, illustrative
tariff or any correspondence from the Company. Based on BAK's failures to file necessary
corrections to its Application and illustrative tariff Staff recommended that the Commission
dismiss the Company s Application for a CPCN without prejudice.
COMMISSION FINDINGS AND DECISION
Based on BAK Communications' repeated failures to bring its Application and
illustrative tariff into compliance with the Commission s Rules and Idaho statutes the
Commission dismisses the Company s Application for a CPCN without prejudice.
ORDER NO. 29302
ORDER
IT IS HEREBY ORDERED that BAK Communications, LLC's Application for a
Certificate of Public Convenience and Necessity to provide local exchange telecommunications
services in Idaho is dismissed without prejudice.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. GNR-03-
18 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 interlocutory Orders previously issued in
this Case No. GNR-03-18.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 ;2.5 t+--
day of July 2003.
tj~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Commission Secretary
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ORDER NO. 29302