20130424notice_of_application_order_no_32795.pdf

Office of the Secretary
Service Date
April 24,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IONEX )CASE NO.INX-T-13-Oi
COMMUNICATIONS NORTH,INC.’S )
APPLICATION FOR A CERTIFICATE OF )NOTICE OF APPLICATION
PUBLIC CONVENIENCE AND NECESSITY )
TO PROVIDE LOCAL EXCHANGE )NOTICE OF
TELECOMMUNICATIONS SERVICES )MODIFIED PROCEDURE
)
______________________________
)ORDER NO.32795
On January 9,2013,lonex Communications North,Inc.dba Birch Communications
(the “Company”)applied to the Commission for a Certificate of Public Convenience and
Necessity (“CPCN”)authorizing the Company to provide resold local exchange and
interexchange telecommunications service to residential and business customers in Idaho.The
Company filed an Amended Application on April 9.2013.and an amended Application Exhibit
E (proposed price list)on April 12,2013.
With this Order,the Commission summarizes the Amended Application,solicits
public input on the Amended Application,and orders that the case be processed under the
Commission’s Rules of Modified Procedure.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company says it is a South Dakota
corporation that is authorized to do business in Idaho.It is headquartered in Kansas City,MO,
and is a wholly owned subsidiary of the Georgia corporation,Birch Communications Inc.
(“BCI”).Amended Application at 2.The Company says BCI and its subsidiaries provide
telecommunications services to business and residential customers in 38 states.Id.
YOU ARE FURTHER NOTIFIED that the Company says that BCI is buying assets
and customer accounts from Covista.Inc..an authorized local exchange carrier in Idaho.Id.at 1.
The Company plans to serve customers currently served by Covista.It would provide service in
the territories of and compete with,incumbent local exchange carriers (“ILECs”)Qwest
The Company says it is owned 100%by Birch Telecom,Inc.,that BCI owns 100%of Birch Telecom.Inc.,andthatBirchCommunicationsHoldings,Inc.owns a 100%voting and equity interest in BCI.Birch Holdings is aGeorgiacorporationwhoseprincipalbusinessistelecommunicationsholdings.Id.at 2.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32795 1
Corporation dba CenturvLink QC and Frontier Communications Northwest Inc.It also would
compete with competitive local exchange carriers like XO,TW Telecom,and Level 3.Id.at 3.
YOU ARE FURTHER NOTIFIED that the Company proposes to provide
telecommunications service in Idaho as a facilities-based provider,a reseller,or some
combination thereof.Id.at 1,3.It has no plans to place facilities or switches in Idaho,but rather
will serve Idaho customers using its facilities and switches in other parts of its service territory.
Id.The Company says it also buy unbundled network elements (“l.JNEs”)or UNE
replacement services from carrier ILECs like Qwest Corporation dba CenturyLink QC and
Frontier Communications Northwest Inc.The Company plans to use a mix of its own facilities
and services purchased from ILECs to provide local exchange and interexchange services in
Idaho.Id.
YOU ARE FURTHER NOTIFIED that the Company says it has adequate financial
resources to provide the proposed services.Id.at 4.Further.it has an existing interconnection
agreement with Qwest Corporation dba CenturyLink QC and Frontier Communications
Northwest Inc.,or their affiliates,and it will seek to add Idaho to those agreements or enter into
new agreements with those ILECs as necessary.Id.The Company says it will begin serving
Covista customers as soon as it receives the necessary regulatory approvals.Id.at 3.The
Company says it has reviewed and will comply with Commission rules.Id.at 4.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules
of Procedure,IDAPA 31.01.01.201 through .204.The Commission notes that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on the
Amended Application may file a written comment in support or opposition with the Commission
within twenty-one (21)days from the service date of this Notice.The comment must contain
a statement of reasons supporting the comment.Persons desiring a hearing must specifically
request a hearing in their written comments.Written comments concerning the Amended
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32795
Application shall be mailed to the Commission and the Applicant at the addresses reflected
below:
Commission Secretary Tara Jackson
Idaho Public Utilities Commission Senior Manager,Legal,Regulatory,Security and
P0 Box 83720 Fraud
Boise,ID 83720-0074 Birch Communications
2300 Main Street,Suite 340
Street Address for Express Mail:Kansas City,MO 64108
E-mail:tara.j ackson@,birch.com
472 W.Washington Street
Boise,ID 83702-5918 Angela F.Collins
Cahill Gordon &Reindel LLP
1990 K Street,N.W.
Suite 950
Washington,D.C.20006
E-mail:çpjJincillçpj
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at www.puc.idaho.gov.Click the “Comments and Questions”
icon,and complete the comment form,using the case number as it appears on the front of this
document.These comments must also be sent to the Applicant at the e-mail addresses listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set,the Commission will consider this matter on its merits and
enter its Order without a formal hearing.If written comments are received within the time limit
set,the Commission will consider them and,in its discretion,may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Amended Application has been filed with
the Commission and is available for public inspection during regular business hours at the
Commission offices.The Amended Application is also available on the Commission’s web site
at www.puc.idaho.gov by clicking on “File Room”and then “Telephone Cases.”
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 62 of the Idaho Code.The Commission
may enter any final Order consistent with its authority under Title 62 and Commission Rule of
Procedure 114,IDAPA 31.01.01.114.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32795 3
YOU ARE FURTIIER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that the Amended Application be processed under
Modified Procedure.Persons interested in submitting written comments regarding this case or
protesting the use of Modified Procedure should do so no later than 21 days from the service date
of this Order.
IDONEbyOrderoftheIdahoPublicUtilitiesCommissionatBoise,Idaho this
day of April 2013.
MACK A.REDFORD,COMMISSIONER
1
Ji
RSHA H.SMITH,COMMISSIONER
ATTEST:
%Jan D.JewellJ
Commission Secretary
O:INX-T-13-Olkk
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32795 4