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HomeMy WebLinkAbout19980528Order No 27536.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ECLIPSE COMMUNICATIONS CORPORA-TION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE SERVICE AS A COMPETITIVE LOCAL CARRIER ) ) ) ) ) ) ) CASE NO. GNR-T-97-24 ORDER NO. 27536 On December 18, 1997, the Commission received an Application from Eclipse Communications Corporation for a Certificate of Public Convenience and Necessity to provide resold residential local exchange service as a competitive local carrier in Idaho in U S WEST Communications, Inc.s service territory. On April 22, 1998, the Commission issued a Notice of Application and Notice of Modified Procedure. Order No. 27458. Comments were due May 13, 1998, only Staff filed comments. Based on a review of the Application and Staffs comments, the Commission grants Eclipses Application. BACKGROUND Eclipse is headquartered in Issaquah, Washington, and is a wholly-owned subsidiary of Western Wireless Corporation, a Washington corporation. Western Wireless Corporation is a wireless communications provider in 22 states, including Idaho and is publically owned and traded on the NASDAQ. Eclipse proposes to interconnect with local exchange carriers to provide services through resale of the local exchange carrier services. Eclipse states it currently has no facilities or property in Idaho. Eclipse proposes to begin operations in the fourth quarter of 1998 or the first quarter of 1999 and provide such services as: two-way lines/trunks direct inward/outward dialing options basic business exchange services local calling operator assisted services directory assistance 911 emergency services dual party relay other special needs services Eclipse has not yet concluded negotiations with U S WEST for an interconnection agreement. Eclipse provided a copy of its proposed initial tariff for information purposes pursuant to Idaho Code  62-606 and Order No. 26665. Staff Comments Staff found that the information provided by Eclipse in its Application meets the minimum requirements for a Certificate of Public Convenience and Necessity established by Rule of Procedure 111, IDAPA 31.01.01.111, and Procedural Order No. 26665, issued November 7, 1996. Staff also found that because Eclipse is a new company, it had no financial history. However, Eclipse included a copy of Western Wireless 1996 Annual Report and SEC Form 10-Q for the first quarter of 1997 with its Application and stated it intended to rely heavily on its parent corporations resources. According to Western Wireless Annual Report, Western Wireless held more than $1.24 billion in assets at the end of 1996 and reported annual revenues of nearly $250 million. Western Wireless revenues for the first three months of 1997 were more than $100 million, compared to revenues of $67 million for the same period in 1996. Eclipse specifically agreed to comply with all Commission rules. Staff found that the illustrative tariff Eclipse filed with its Application demonstrated it understood the tariffing requirements and processes. Although Eclipse is a new company, Staff found that the parent company, Western Wireless, is a major wireless services provider and, therefore, suggested that this background should provide sufficient technical expertise for a provider of telecommunications services. Staff recommended Eclipse be granted a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services within the service territories of U S WEST. COMMISSION FINDINGS Based on the Commissions review of the record, the Commission finds that the Application of Eclipse Communications Corporation, complies with Procedural Order No. 26665 and the Commissions Rules to obtain a Certificate of Public Convenience and Necessity. The Commission therefore approves Eclipse Communications Corporations Application for a Certificate to provide local exchange service as a competitive local exchange carrrier in the areas served by U S WEST. O R D E R IT IS HEREBY ORDERED that upon review of the filings in this case and determination of the Commission, that Eclipse Communications Corporation is granted a Certificate of Public Convenience and Necessity to provide local telecommunications service in the areas served by U S WEST. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of May 1998. DENNIS S. HANSEN, PRESIDENT RALPH NELSON, COMMISSIONER MARSHA H. SMITH, COMMISSIONER ATTEST: Myrna J. Walters Commission Secretary O:gnrt9724.cc2 ORDER NO. 27536 -1- Office of the Secretary Service Date May 28, 1998