20040420Idaho Telephone Assoc.pdf

Conley E. Ward (ISB #1683)
Michael C. Creamer (ISB #4030)
GIVENS PURSLEY LLP
601 West Bannock Street
O. Box 2720
Boise, Idaho 83701-2720
Telephone: [phone]
Facsimile: 208-388-1300
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S:ICLIENTSI12331186IComments on Verizon Avenue Application.DOC
Attorneys for Idaho Telephone Association
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-03-
COMMENTS OF IDAHO TELEPHONE
ASSOCIATION
Idaho Telephone Association ("ITA"), through its attorneys Givens Pursley LLP, on
behalf of its member independent local exchange carriers, and pursuant to IDAP A 31.01.01.203
and Commission Order 29454, hereby submits Comments on the above-captioned Application of
Verizon Avenue Corp. ("Verizon Avenue
COMMENTS
The independent local exchange carries on whose behalf ITA submits these
Comments currently are the exclusive providers of basic local exchange service within their
respective service areas pursuant to Certificates of Public Convenience and Necessity issued by
the Idaho Public Utilities Commission ("Commission
Verizon Avenue s Application seeks to provide facilities-based and resold
competitive local exchange and interexchange services throughout the State of Idaho and
COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 1
proposes to offer local, local toll, and interLATA toll services by resale in Idaho, outside of
Verizon Northwest Inc. service area. Verizon Avenue also intends to provide Internet services
making high speed Internet service available to residential customers within the State ofldaho.
Verizon Avenue intends to provide service via unbundled network elements and resold service of
incumbent local exchange carriers (ILECs).
Each of IT A's member local exchange carriers meet the definitions of a
Common Carrier
" "
Telecommunications Carrier" and "Rural Telephone Carrier" under the
Federal Telecommunications Act of 1996 ("1996 Act"
Verizon Avenue has not made a bona fide request to IT A's members for
. interconnection, services or network elements.
Any grant of certificate authority to Verizon Avenue should be made expressly
subject to the exemption of ITA 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.
Respectfully submitted this ~ay of April 2004.
:iJ! Conely E. Ward
Michael C. Creamer
Attorneys for Idaho Telephone
Association
COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 2
CERTIFICATE OF SERVICE
I hereby certify that on this day of April 2004, I caused to be served a true and
correct copy ofthe foregoing by the method indicated below, and addressed to the following:
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83720-5983
u.S. Mail
Facsimile
K' Hand Delivery
Overnight Mail
Richard P. Kolb
Vice President - Legal/Regulatory
Verizon Avenue Corp.
Two Conway Park
150 Field Drive, Suite 300
Lake Forest, IL 60045
;c.S. Mail
Facsimile
Hand Delivery
Overnight Mail
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COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 3