19991229Order No. 28243.pdf

Office of the Secretary
Service Date
December 29, 1999
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF ) CASE NO. GNR-T-99-12
COMM SOUTH COMPANIES, INC. FOR A )
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY. ) ORDER NO. 28243
On July 26, 1999, the Commission received an Application from Comm South
Companies, Inc. for a Certificate of Public Convenience and Necessity to provide resold basic local
exchange service as a competitive local carrier within the state of Idaho on a prepaid basis.
Application at 1 and 2.
In Order No. 28222 issued November 29, 1999, the Commission found that this matter
could be processed under Modified Procedure and requested interested persons file written
comments regarding the Application by December 20, 1999. Only Staff filed comments on
December 20, 1999.
Based upon a review of the Application and the Staff's comments, the Commission
grants Comm South's Application.
BACKGROUND
On July 26, 1999, Comm South Companies, Inc. filed an Application for a Certificate
of Public Convenience and Necessity in compliance with Commission Rules of Procedures, IDAPA
31.01.01.111 and Procedural Order No. 26665. Comm South is seeking authorization to provide
prepaid local exchange service to Idaho customers on a resale basis pursuant to Title 61 of the Idaho
Code within the state of Idaho.
Comm South was incorporated in the state of Texas on March 17, 1995, as Onyx
Distributing Company, Inc. and subsequently changed its name to Comm South Companies, Inc. and
is authorized to do business in Idaho. As of November 1999, Comm South became a wholly owned
subsidiary of Topp Telecom, Inc. As part of its Application, Comm South submitted financial
information for its parent, Topp Telecom.
Comm South will do no consumer credit checking or application screening because all
services will be prepaid. Comm South is authorized to provide service in 30 states. It has
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applications pending to provide resold local service in Arizona and New Mexico. It is also
authorized to provide resold local service through wholly owned subsidiaries (Georgia Comm South,
Inc. and E-Z Tel, Inc.) in Georgia, North Carolina and South Carolina. Its wholly owned subsidiary,
Comm South Companies of Virginia, Inc., has a pending Application to provide resold local service
in Virginia. It alleges that it has never been denied a certificate by any state.
STAFF RECOMMENDATION
Staff reviewed the Application submitted by Comm South and believes Comm South
understands the Commission's rules and requirements. Specific to prepaid arrangements, Staff
reviewed Comm South's notification and billing procedure and found they comply with Idaho
Customer Relations Rules IDAPA 31.41.01.202 and 304.
As of November 1999, Comm South became a wholly owned subsidiary of Topp
Telecom, Inc. As part of its Application, Comm South submitted financial information for its
parent, Topp Telecom. Staff reviewed those financials. Based on the financials presented and the
lack of business history in Idaho, Staff required and received evidence of a $50,000 indemnity bond
for Comm South payable to the Idaho Public Utilities Commission. Based on Staff's review of
Comm South's Application, Staff found that Comm South meets the requirements of the
Commission's Rules and Procedural Order No. 26665. Therefore, Staff recommends approval of
Comm South's Application for a Certificate of Public Convenience and Necessity.
COMMISSION FINDINGS
Based on the Commission's review of the record and Staff's comments, the Commission
finds that Comm South's Application complies with Procedural Order No. 26665 and the
Commission's Rules to obtain a Certificate of Public Convenience and Necessity. The Commission
further finds that those conditions recommended be imposed by the Staff are appropriate and in the
public's interest. The Commission therefore approves Comm South's Application for a Certificate
to provide local exchange service in the state of Idaho subject to the existence of a $50,000
indemnity bond for Comm South payable to the Idaho Public Utilities Commission.
ORDER
IT IS HEREBY ORDERED that Comm South Companies, Inc. is granted a Certificate
of Public Convenience and Necessity to provide local telecommunications service throughout the
state of Idaho.
ORDER NO. 28243 -2-
THIS IS A FINAL ORDER. Any person interested in this Order or in interlocutory
Orders previously issued in this Case No. GNR-T-99-12 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-99-12. Within seven (7) days
after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1
day of December 1999.
DENNIS S. HANSEN, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
(f'I-
PAUL KJE L DER, COMMISSIONER
ATTEST:
MymJ. Walters
Commission Secretary
O:gnrt99l2cc2
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