gnrt9912ccd.doc

CHERI C. COPSEY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5142

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 COMM SOUTH COMPANIES, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. )
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CASE NO. GNR-T-99-12

COMMENTS OF THE COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its attorney of record, Cheri C. Copsey, Deputy Attorney General, in response to Order No. 28221 issued on November 29, 1999, submits the following Comments.

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 Idaho Code within the U S WEST (North and South) and GTE service areas in 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 pre-paid. Comm South is authorized to provide service in thirty states. It has 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 Gerogia, 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.

DISCUSSION
Staff reviewed the Application submitted by Comm South and believes Comm South understands the Commission’s rules and requirements. Specific to pre-paid 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.

STAFF RECOMMENDATION
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.
Dated at Boise, Idaho, this day of December 1999.

________________________
Cheri C. Copsey
Deputy Attorney General

Technical Staff: Doug Cooley
cc:va:word/u/umisc/comments/Gnrt9912.csd
STAFF COMMENTS 1 DECEMBER 20, 1999