20040513Final Order No 29497.pdf

Office of the Secretary
Service Date
May 13 , 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VERIZON AVENUE CORP. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
CASE NO. GNR- T -03-
ORDER NO. 29497
On August 15, 2004, Verizon Avenue Corp. (Verizon Avuenue; Company) filed an
Application for a Certificate of Public Convenience and Necessity to provide facilities-based and
resold competitive local exchange and interexchange services within the State of Idaho. Verizon
Avenue is a wholly-owned subsidiary of Verizon Communications, Inc. Verizon Avenue intends
to offer local exchange service and local toll service by reselling services obtained through
existing local exchange carriers, other than Verizon Northwest Inc. The Company s Application
states it does not intend to offer competitive local exchange, local toll or interLA T A toll
telephone services within the service territory ofVerizon Northwest.
On March 30, 2004, the Commission issued a Notice of Application and Notice of
Modified Procedure to process Verizon Avenue s Application. Staff filed written comments
confirming that the Company had filed illustrative tariffs to comply with the Commission s rules
and Idaho statutes. Staff recommended approval of Verizon Avenue s Application. Written
comments were also filed by the Idaho Telephone Association. ITA noted that Verizon Avenue
has not made a bona fide request to any ITA member for interconnection, services or network
elements. ITA recommended that a grant of Certificate authority to Verizon Avenue be made
subject to the exemption of ITA members from the obligations of incumbent local exchange
carriers under Section 251(c) of the 1996 Telecommunications Act.
Staff reviewed the information provided by Verizon Avenue in its Application and
believes it satisfies the requirements of the Commission s Rules of Procedure 111 , IDAPA
31.01.01.111 , and Procedural Order No. 26665 issued November 7 , 1996, which sets out the
necessary information to be included with an application for a certificate. The Company intends
to provide Internet services, making high speed Internet available to residential customers within
the State of Idaho. Verizon Avenue intends to provide service via unbundled network elements
ORDER NO. 29497
and resold service of incumbent local exchange carriers (ILECs). The Company intends to
initiate interconnection agreements with other local exchange carriers.
Verizon Avenue stated in its Application that it has reviewed all Commission rules
and agrees to comply with those rules. The Company does not intend to require deposits from its
customers and has not submitted a surety bond. Verizon Avenue seeks Commission approval
without the requirement of the bond. The Application states that should Verizon Avenue begin
to require customer deposits it will obtain a surety bond and submit a copy to the Commission.
The Commission finds that Verizon Avenue has satisfied all the requirements of the
Commission s Rules and Procedural Order No. 26665 setting forth the requirements for an
application for a Certificate of Public Convenience and Necessity. The Commission therefore
approves the Application of Verizon Avenue Corp. If the Company makes a bona fide request
for interconnection with rural telephone company, Section 252(f)(A) of the
Telecommunications Act requires that notice of its request be submitted to the Commission.
ORDER
IT IS HEREBY ORDERED that the Application of Verizon Avenue Corp. for a
Certificate of Public Convenience and Necessity is granted to enable the Company to provide
basic local exchange service with the State of Idaho. Furthermore, this grant of a CPCN to
Verizon Avenue is subject to the exemption of Idaho Telephone Association members from the
obligations of incumbent local exchange carriers under Section 251 (c) of the 1996 Act, until
such time as the requirements for lifting such exemption contained in Section 251(f) of the 1996
Act have been met.
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- T -03-
26 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- T -03-26. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
ORDER NO. 29497
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this / J. -rJ..
day of May 2004.
MARSHA H. SMITH, COMMISSIONER
IS S. HANSEN, COMMISSIONER
ATTEST:
AJ
J al D. Jewell
Commission Secretary
bls/0:GNRTO326 ws2
ORDER NO. 29497