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HomeMy WebLinkAbout20120117_3578.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER REDFORD COMMISSIONER SMITH COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: NEIL PRICE DEPUTY ATTORNEY GENERAL DATE: JANUARY 12, 2012 SUBJECT: APPLICATION OF GEILS COMMUNICATIONS, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, CASE NO. GEI-T-11-01 On November 7, 2011, Geils Communications, Inc. (“Geils” or “Company”) filed a Revised Application, including a copy of its illustrative tariff and price list, seeking a Certificate of Public Convenience and Necessity (“CPCN”), pursuant to Idaho Code §§ 61-526 through -5281, IDAPA 31.01.01.111 (Rule 111), and Procedural Order No. 26665, in order to provide competitive local exchange and interexchange services in Idaho. Application at 1. On December 2, 2011, the Commission issued a Notice of Application and Notice of Modified Procedure with a 21-day public comment period. See Order No. 32407. Commission Staff was the only party to submit written comments within the established comment period. THE APPLICATION Geils is a Nevada corporation and lists its principal place of business as Hellertown, Pennsylvania. Id. at 1-2. Geils is registered with the Idaho Secretary of State as a foreign corporation and lists National Registered Agents, Inc., 1423 Tyrell Lane, Boise, Idaho 83706, as its Idaho registered agent for service. Id. at 2, Atch. 2. In its Application, Geils states that the Company “proposes to offer local and long distance telecommunications service to residential and business customers.” Id. Geils does not plan on constructing new facilities in Idaho. Id. The Company intends to utilize the underlying network and facilities of Qwest Corporation dba CenturyLink QC (“CenturyLink”). Id. In 1 Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code § 62-604(1)(a), Geils is exempt from Title 61 regulation. DECISION MEMORANDUM 2 August 2011, Geils initiated talks with CenturyLink in order to obtain an interconnection agreement in Idaho. Id. Geils “intends to resell the services of [CenturyLink].” Id. The Company’s proposed service territory will include all areas in Idaho wherein CenturyLink is currently offering telecommunications services. Id. Geils states that it has reviewed and will comply with all of the Commission’s rules. Id. at 3. The Company also indicated that it will not collect advanced payments or deposits and requests a waiver of the Escrow Account or Security Bond requirement. Id. STAFF ANALYSIS AND RECOMMENDATION Staff has reviewed Geils’ Application and recommends that the Commission approve the Company’s Application subject to the following conditions: 1. The Company complies with the number pooling and reporting requirements of the North American Numbering Plan Administrator, as set forth in Order No. 30425; 2. The Company provides necessary reports and contributes as appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay System, Idaho Telecommunications Service Assistance Program, and complies with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers; and 3. The Company shall relinquish its Certificate and all telephone numbers if, within one year of the issuance of a CPCN, the Company is not providing local exchange telecommunications services in Idaho. COMMISSION DECISION Does the Commission wish to approve Geils’ Application for a Certificate of Public Convenience and Necessity to provide local exchange and interexchange telecommunications services in the State of Idaho subject to the aforementioned conditions? M:GEI-T-11-01_np2