20040325Comments.pdf

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WELDON B. STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3283
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dnUT!ES Cm'H'1ISSION
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
IDT AMERICA, CORP. FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY
TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
CASE NO. GNR- T -03-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Weldon B. Stutzman, Deputy Attorney General, in response to Order No.
29437, the Notice of Application and Notice of Modified Procedure in Case No. GNR-03-
issued on March 4, 2004, and submits the following comments.
BACKGROUND
On August 25 2003, IDT America, Corp. filed an Application for a Certificate of Public
Convenience and Necessity to provide facilities-based and resold competitive local exchange and
interexchange services throughout the State of Idaho. IDT is a wholly owned subsidiary ofIDT
Domestic Telecom, Inc., a wholly owned subsidiary ofIDT Telecom, Inc., a wholly owned
subsidiary of IDT Corporation, a Delaware corporation that is publicly traded on the New York
Stock Exchange (IDT, IDT.C). The Company has filed a copy of its Certificate of Authority issued
by the Idaho Secretary of State.
STAFF COMMENTS MARCH 25, 2004
STAFF ANALYSIS
Staffhas reviewed the information provided by IDT in its application and believes it
satisfies the requirements of the Commission s Rule 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 application indicated IDT intended to provide basic resold and facilities based local
exchange services to both residential and business customers. The Company would initially
provide services primarily via the unbundled network element platform (UNE-P). The application
indicated the Company s primary market is its existing long distance customer base. The
application indicated the Company would initially provide service in the area currently served by
Qwest and Verizon.
IDT is a telecommunications company that has been providing long distance services
nationwide, including Idaho. The application included financial information about the parent
company that indicated the Company was in a relatively strong financial position, considering the
downturn in the telecommunications industry. Staff is satisfied that the Company has the technical
managerial and financial strength to provide the services identified in the application.
IDT specifically indicated in its application it will comply with all Commission rules. It has
provided an illustrative tariff with its application that demonstrates an understanding of tariff
requirements and processes.
STAFF RECOMMENDATION
Staff recommends that a Certificate of Public Convenience and Necessity to provide
competitive local exchange service in Idaho be provided to IDT America, Corp.
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Respectfully submitted this 1. ~ day of March 2004.
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Weldon B. Stutzman
Deputy Attorney General
Technical Staff: Wayne Hart
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STAFF COMMENTS MARCH 25 , 2004
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 25TH DAY OF MARCH 2004
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. GNR-03-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
CARL WOLF BILLEK
ASSOC. GENERAL COUNSEL
IDT AMERICA CORP.
520 BROAD ST
NEWARK, NJ 07102-3111
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SECRET , Y
CERTIFICATE OF SERVICE