20040205Final Order No 29424.pdf

Office of the Secretary
Service Date
February 5 , 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
GRANITE TELECOMMUNICATIONS, LLC FOR A )
CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
CASE NO. GNT-O3-
ORDER NO. 29424
On October 9, 2003 , Granite Telecommunications, LLC ("Granite" or "Company
filed an Application for a Certificate of Public Convenience and Necessity to provide facilities-
based and resold competitive local exchange and interexchange services throughout the State of
Idaho. Granite s Application also seeks permission to offer intrastate toll services. In the Notice
of Application and Modified Procedure issued January 2, 2004, the Commission solicited
comments regarding Granite s Application. Order No. 29409. No comments were received
other than those submitted by Commission Staff. Based on the comments, the law and the
record, the Commission grants Granites s Application.
THE APPLICATION
Granite seeks to provide service to customers mainly utilizing Unbundled Network
Elements Platform (UNE- P) leased or purchased from Qwest Corporation and Verizon
Northwest. Granite does not presently have plans to build any facilities of its own in Idaho, but
does not foreclose the possibility of constructing such facilities in the future. At the time of its
Application, Granite had made a request for interconnection with Qwest Corporation, but had not
entered into any interconnection agreement or other agreement to begin telecommunications
services within the State of Idaho. Granite does not currently provide any services within the
Idaho.
Although the Company proposes to initially offer its services in the service areas
currently served by Qwest and Verizon, in the future Granite may compete with all incumbent
local exchange carriers within the State of Idaho. The Application states that Granite has
reviewed all of the Commission rules and agrees to comply with them. Finally, the Company
argues that granting its Application is in the public interest because Granite s entry into the local
telecommunications services market will enhance competition in Idaho.
ORDER NO. 29424
STAFF COMMENTS
Headquartered in Quincy, Massachusetts, Granite was formed as a Limited Liability
Company under the laws of the State of Delaware. According to its comments filed January 23
2004, Staff reviewed the biographies of the Company s directing members for the purpose of
establishing Granite s business and telecommunications experience. The Company obtained a
Certificate of Authority to transact business as a foreign corporation from Idaho s Secretary of
State on August 5 , 2003. Although the Company does not maintain an office in Idaho, it does
have a registered in-state agent. Staff reviewed Granite s unaudited financials for the period
ending June 30, 2003 and believes the Company is solvent.
With this Application, Granite proposes to provide business and residential local
exchange services, operator assistance, data services, and Centrex services. The Company does
not propose to collect advance payments or deposits, so no escrow account has been established.
Staff also noted that the example tariff submitted by Granite includes in-state long distance
servIces.
According to Staff, Granite has been granted authority to provide local exchange
service in several other states such as Washington and Maine. Based on its review of the
Application, Staff recommended approval of Granite s Application for Certificate of Public
Convenience and Necessity.
COMMISSION FINDINGS
Based on the comments, the law and the record, the Commission grants the
Application. When considering an application for a Certificate, the Commission must determine
if the applicant has the necessary qualifications to provide service while still fostering
competition in the local telecommunications market. Based upon our review of the filing and the
record in this case, the Commission finds that Granite s filing satisfies the requirements of the
Commission s Rules and Procedural Order No. 26665.Id.Thus, we approve Granite
Application for a Certificate of Public Convenience and Necessity to allow the Company to
provide telecommunications services statewide. This is consistent with our previous Orders
granting statewide authority to provide telecommunica1:ions services to carriers meeting the
established requirements.
ORDER NO. 29424
ORDER
IT IS HEREBY ORDERED that Granite Telecommunications, LLC is granted a
Certificate of Public Convenience and Necessity to provide basic local exchange services within
the State of Idaho.
THIS IS A FINAL ORDER. Any person interested in this Order or in interlocutory
Orders previously issued in Case No. GNT - T -03-1 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. Within seven (7) days after any
person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code 9 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this S'#--
day of February 2004.
i!~P A KJELL E , PRESIDENT
J&:A-,
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~LD tf..D. Jewell
Commission Secretary
O:G~1lf0301 In2
ORDER NO. 29424