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HomeMy WebLinkAbout20210312Final_Order_No_34904.pdf ORDER NO. 34904 1 Office of the Secretary Service Date March 12, 2021 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF LINGO COMMUNICATIONS NORTH, LLC’S REQUEST FOR CANCELLATION OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NO. 514 ) ) ) ) ) CASE NO. INX-T-20-01 ORDER NO. 34904 On December 21, 2020, the Commission received a letter from Inteserra Consulting Group (“Inteserra”) on behalf of Lingo Communications North, LLC (“Lingo North”), indicating that due to corporate reorganization, Lingo North transferred its customers to its affiliate Matrix Telecom, LLC and ceased operations in Idaho. Lingo North, through its consulting group, asked to voluntarily withdraw its Certificate of Public Convenience and Necessity (“CPCN”) and cancel any tariffs on file with the Commission. On February 19, 2021, Inteserra submitted a supplemental letter signed by Lingo North’s vice president of government affairs and compliance. The supplemental letter was submitted to comply with Commission Rule of Procedure 43. In administrative proceedings, “filings may be made by a natural person pro se, a partner in a partnership, an employee or officer of a corporation, or a licensed attorney.” IDAPA 31.01.01.043.01. BACKGROUND CPCN No. 514 was issued to Ionex Communications North, Inc. dba Birch Communications (“Ionex”) in June 2013 to provide resold local exchange and interexchange telecommunications services within the State of Idaho. Order No. 32809. In 2018, Ionex notified the Commission it had changed its corporate structure to an LLC and requested its CPCN and tariffs be updated to reflect the change. The Commission approved Ionex’s request and amended CPCN No. 514 and associated tariffs. Order No. 34026. In 2019, Ionex notified the Commission it had changed its name to Lingo North and asked the Commission to amend CPCN No. 514 and associated tariffs to reflect Ionex’s new name. The Commission approved Ionex’s request and amended the CPCN and tariffs to reflect Ionex had changed its name to Lingo North. Order No. 34228. ORDER NO. 34904 2 STAFF REVIEW Commission Staff reviewed Lingo North’s request to cancel its CPCN. Staff recommended the Commission grant the request, withdraw CPCN No. 514 without prejudice, and cancel any tariffs on file with the Commission. FINDINGS The Commission finds that Idaho customers would not be harmed by withdrawing CPCN No. 514 from Lingo North and cancelling associated tariffs. The Commission thus finds it reasonable to approve Lingo North’s request that CPCN No. 514 be withdrawn without prejudice, and the associated tariffs be cancelled. O R D E R IT IS HEREBY ORDERED that CPCN No. 514 is withdrawn without prejudice and any associated tariffs are cancelled. THIS IS A FINAL ORDER. Any person interested in this Order 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. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61- 626. // // // ORDER NO. 34904 3 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 12th day of March 2021. PAUL KJELLANDER, PRESIDENT KRISTINE RAPER, COMMISSIONER ERIC ANDERSON, COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\TELECOM\INX-T-20-01\INXT2001_final order_ej