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HomeMy WebLinkAbout20040903Final Order No 29584.pdfOffice of the Secretary Service Date September 3, 2004 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF VCI COMP ANY f/k/a STAN EFFERDING d/b/a VILAIRE FOR A CERTIFICATE OF PUBLIC CONVENIENCE) AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES. CASE NO. GNR-O3- ORDER NO. 29584 On June 3 , 2003, VCI Company ("VCI" or "Company ), filed an Application for a Certificate of Public Convenience and Necessity as a sole proprietorship, Stan Efferding d/b/a Vilaire. To reflect the fact that VCI organized itself as a corporation under the laws of the State of Washington in November 2003, the Company filed an Amended Application with this Commission on July 15 , 2004. VCI requests authority to provide facilities-based and resold local exchange, intraLA T A interexchange and exchange access services primarily to residential customers throughout the State of Idaho under the corporate name VCI Company. In the Notice of Application and Modified Procedure issued July 29, 2004, the Commission solicited comments regarding vcrs Application. Order No. 29550. No comments were received other than those submitted by Commission Staff. Based on the comments, the law and the record, the Commission grants vcrs Application. THE APPLICATION VCI proposes to provide service to primarily residential customers mainly utilizing Unbundled Network Elements Platform (UNE-P) leased or purchased from Qwest Corporation and Verizon. VCI proposes to offer all forms of end-user local exchange service and intraLA T A toll service, including but not limited to the following services: 1) local exchange services for residential customers that will enable customers to originate and terminate local calls in the local calling area served by the incumbent local exchange carriers (ILECs); 2) switched local exchange services, including basic service, trunks, carrier access, and any other switched local services that currently exist or will exist in the future; and 3) operator assistance and directory assistance (via its underlying carriers). VCI also proposes to provide exchange access services to interconnection carriers. VCI plans to offer its servIces in the servIce areas currently served by Qwest Corporation and Verizon. In the future, VCI may compete with all ILECs within Idaho - ORDER NO. 29584 specifically ATC Communications; Cambridge Telephone Company; CenturyTel of Idaho, Inc. Frontier Communications of Idaho; Direct Communications Rockland, Inc.; Fremont Telcom Inc.; Inland Telephone Company; Midvale Telephone Exchange, Inc.; Oregon-Idaho Utilities Inc.; Pine Telephone System, Inc.; Potlatch Telephone Company; Rural Telephone Company; Silver Star Communications and Teton Telecom. VCI does not own any tangible property premises in Idaho. VCI has reviewed the Commission s rules applicable to local exchange serVIce providers and agrees to comply with those rules. VCI will not collect deposits or advance payments from its customers. Therefore, the Company asserts no escrow account or bonded escrow agent is necessary. VCI seeks Commission approval of certification without bond or deposit, based upon its financial ability. ST AFF COMMENTS Headquartered in Lakewood, Washington, VCI has obtained a Certificate of Authority to transact business as a foreign corporation from Idaho s Secretary of State. Although the Company does not maintain an office in Idaho, it does have a registered in-state agent. VCI submitted its management profiles and financials for the period ending June 15 2004. Staff reviewed these documents and, based on those documents, believes the Company is solvent. With this Application VCI proposes to provide resold local exchange servIce operator services, and directory assistance in Idaho s Qwest and Verizon service areas. At this time, the Company does not propose to collect separate deposits and has not obtained an interconnection agreement in Idaho. VCI has been granted authority to provide local exchange service in several other states such as Oregon, Washington, and Wyoming. Staff reviewed the Application submitted by VCI and believes the Company understands and agrees to comply with the Commission s rules and requirements. Based on this review of vcr s Application, Staff believes that the Company s filing has satisfied all the requirements of the Commission s Rules and Procedural Order No. 26665. Therefore, Staff recommends approval of the Application for Certificate of Public Convenience and Necessity. 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 ORDER NO. 29584 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 VCl's filing satisfies the requirements of the Commission s Rules and Procedural Order No. 26665. Id. Thus, we approve VCl'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 IT IS HEREBY ORDERED that VCI Company is granted a Certificate of Public Convenience and Necessity to provide basic local exchange services within the state of Idaho. 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 interlocutory Orders previously issued 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. ORDER NO. 29584 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this rJ.. day of September 2004. OWL J MARSHA H. SMITH, COMMISSIONER ATTEST: ~~Ell Commission Secretary O:GNRT0321 In2 ORDER NO. 29584