gnrt9916.wsb.doc

WELDON STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3283

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 MVX.COM COMMUNICATIONS, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF IDAHO. )
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CASE NO. GNT-T-99-16

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, and in response to the Commission’s Notice of Application and Notice of Modified Procedure, Order No. 28147 in Case No. GNR-T-99-16, issued on September 10, 1999, submits the following comments.

BACKGROUND
MVX.COM Communications, Inc. filed an Application for a Certificate of Public Convenience and Necessity to provide Local Exchange telecommunications Services within the State of Idaho on August 19, 1999.
MVX.COM Communications, Inc. was incorporated in the state of California on February 17, 1999. It is a wholly-owned operating subsidiary of MVX.COM, a California corporation.

The Applicant proposes to resell all forms of intrastate local exchange telecommunications services throughout the service areas of U S WEST North and
U S WEST South, and GTE service areas using the facilities of the incumbent LECs. The Company does not intend to provide service in areas served by any LECs which are eligible for small or rural carrier exemption pursuant to Section 251 of the Federal Telecommunications Act of 1996. The Company does not intend to install any switching equipment, but rather will resell unbundled network services using incumbent LEC facilities.
The services the Company intends to offer include basic residential services, including flat and measured service and operator access; residential custom calling and CLASS features, such as call waiting, caller ID, call forwarding, etc.; basic business exchange services; business custom calling and CLASS features; and adjunct features and ancillary services such as 911, directory listing, and directory assistance.

DISCUSSION
The Applicant has provided an unaudited balance sheet and statement of operations for the period ending June 30, 1999 and a forecast of operations through the year 2000 for its parent company. These statements indicate an acceptable level of financial capability. Staff has reviewed the illustrative tariff provided by the Company and has negotiated changes that were required to bring the tariff into compliance with Idaho law and the PUC’s rules. The Company does not intend to require deposits, and therefore a surety bond will not be required by Procedural Order No. 26665. The Company has not yet initiated interconnection negotiations with U S WEST and GTE, but expects to do so in the near future.

RECOMMENDATION
Staff has reviewed the Application and finds that it satisfies the requirements specified by the Commission for the approval of a Certificate in Order No. 26665. Staff recommends approval of the Application.

DATED at Boise, Idaho, this day of September 1999.

______________________________
Weldon B. Stutzman
Deputy Attorney General
Technical Staff: Birdelle Brown

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STAFF COMMENTS 1 SEPTEMBER 29, 1999