20080207Application.pdf

:: oI -T-08-ol
MAYHOOK LAW, PLLC
C~':."L:J. Jeffrey Mayhook
Admitted in WA and AK
Email jeffey(yhooklaw.com
200B FEB -6 Pn2: 22
Laura A. Mayhook
Admitted in WA, OR, HI and IL
Emaillaumliyhooklw.com
February 5, 2008
VIA OVERNIGHT DELIVERY
Ms. Jean D. Jewell, Secretar
Idaho Public Utilities Commssion
472 West Washington Street
Boise, Idaho 83702
Re: ICS ofIdaho, LLC - Application for a Certificate of Public Convenience and Necessity to
Provide Local Exchange Telecommunications Serces
Dear Secretary Jewell:
ICS ofIdaho, LLC ("ICS"), by its undersigned counsel, hereby submits an original and
three (3) copies of its Application for a Certificate of Public Convenience and Necessity to provide
local exchange servces in the State ofIdaho ("Application").
Please note that the information provided in Exhibit B is proprieta and confidential as it
contains sensitive financial information. As a result, ICS respectfully requests confidential
treatment of this information by the Commission and has filed this informtion under seaL.
Confidential treatment of the information contained in Exhibit B is necessar to avoid commercial
and competitive injur.
A copy of ICS' illustrative exchange tariff attched as Exhibit C to the Application is also
enclosed on a diskette in Microsoft Word format.
Please date stamp the enclosed extra copy of this fiing and retu it in the self-addressed,
postage paid envelope provided. Should you have any questions concerning this filing, please do
not hesitate to contact the undersigned at [phone].
Respectfully submitted
Á- :;.1
J. Jeffrey Mayhook
Laura A. Mayhook
Attorneys for ICS of Idaho, LLC
34808 NE 14th Avenue
La Center, W A 98629
Telephone [phone]
Facsimile 360.263.4343
ww.mayhooklaw.eom
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
iOlis FEB -6 PM 2: 22
In the Matter of the Application of )
)
ICS of Idaho, LLC )
)
For a Certificate of Public Convenience )
And Necessity to Provide Local Exchange )Servces )
)
IflAHO PUBLIC. ",\
\ rrn ¡y¡i:g COPiìMISSll.d
Docket No. 1:CYL-~':ß -ò(
APPLICATION OF ICS OF IDAHO, LLC
ICS ofIdaho, LLC ("ICS" or "Applicant"), by its undersigned attorneys, and pursuant to
Idaho Code Sections 61-526 through -528 and IDAPA 31.01.01.111 and 112, and Procedural
Order No. 26665, hereby applies to the Idaho Public Utilities Commssion ("Commission") fot a
Certificate of Public Convenience and Necessity to authorize ICS to provide facilities-based and
resold competitive local exchange service in the State of Idaho. In support of its application, ICS
provides the following:
I. PROPOSED SERVICES.
1. ICS seeks authority to provide facilities-based and resold local exchange
telecommunications services to and from all points in the State of Idaho.
2. ICS intends to provide facilities-based and resold local exchange
telecommuncations services to business and residential customers. ICS wil comply with all
applicable Commission rules, regulations and standards, and wil provide safe, reliable and high-
quality telecommunications services in Idaho. Offering traditional voice services to customer
utilizing the public switched network, Applicant will use Internet Protocol (IP) technology to
provide voice and data applications that interact seamlessly with the traditional public switched
network. All service features identified in the Applicant's proposed price list can be accessed by
a customer's standard telephone equipment; however, customers have the option of accessing
additional IP fuctionalities through an IP "smar phone." Applicant will continuously monitor
and maintain a high level of control over its network on a24-hours-a-day, 7-days-a-week basis.
3. ICS is curently in the process of developing its marketing strategy for the State of
Idaho. ICS wil utilize a professionally-trained sales force to market its services and will comply
with all Commission rules and regulations in marketing its services in the State ofIdaho. .
II. FORM OF BUSINESS
1. ICS is a wholly-owned subsidiar of Intelligent Communty Services, Inc., a
competitive provider of local and long distance telecommunications services in Oregon and
Washington.
2. ICS is a limited liability company organzed under the laws of the State ofIdaho.
3. Applicant maintains its principal place of business at:
9400 SW Beaverton-Hilsdale Hwy.
Suite 205
Beaverton, Oregon, 97005
Phone: [phone]
Fax: [phone]
ICS does not have a principal business address in Idaho.
4. A certified copy ofICS's Aricles of Organization is attached hereto as Exhibit
A.
5. The name and address ofICS's registered agent for service in Idaho is:
Record Search and Information Services, Inc.
5527 Kendall Street
Boise, Idaho, 83706
2
6. The sole member ofICS is'Intellgent Communty Servces, Inc. Intelligent
Communty Services, Inc.'s address is 9400 SW Beaverton-Hilsdale Highway, Suite 205,
Beaverton, Oregon, 97005.
7. The managing member of ICS is Harold Grover. The officers and directors of
ICS' parent, Intelligent Community Services, Inc. are:
Harold Grover President Director
Brad Baker Vice President Director
Jeff Tileman Vice President Director
Greg Matthews Vice President Director
Tracy Cork Director
Bruce Olsson Director
8. ICS is a wholly-owned subsidiar of Intellgent Communty Services, Inc.
9. ICS has no subsidiares.
10. Correspondence pertaining to this Application should be directed to ICS's
counsel:
J. Jeffrey Mayhook
Laura A. Mayhook
Mayhook Law, PLLC
34808 NE 14th Avenue
La Center, WA 98629
[phone] (Tel)
(360) 26$-4343 (Fax)
jeffrevØ)mayhooklaw.com
laura(ámayhooklaw.com
with a copy to:
Keith Southard
President
ICS of Idaho, LLC
9400 SW Beaverton-Hilsdale Highway
3
Suite 205
Beaverton, Oregon, 97005
III. TELECOMMUNICATIONS SERVICE
1. ICS intends to begin providing service in Idaho shortly after it obtains
authorization to do so and has entered into the appropriate interconnection and services
arangements with Qwest Corporation ("Qwest") and/or Verizon Nortwest ("Verizon").
2. ICS proposes to provide resold and facilities-based local exchange
telecommunications services to both business and residential customers in the State ofIdaho.
IV. SERVICE TERRTORY
1. ICS intends to provide service throughout the State of Idaho. ICS intends to
provide servce in the areas served by Qwest and Verizon and does not plan to provide service in
areas of any small or rural local exchange carrers; however, ICS seeks statewide authority so
that it may expand into other service areas as market conditions warant and as additional servce
areas become open to competition.
2. ICS wil offer basic local exchange services and custom calling features to
business and residential customers. ICS anticipates that it wil offer facilities-based local
exchange service via commercial wholesale agreements with incumbents. ICS, however, seeks'
the full range of resold and facilities-based local exchange authority so that it can have the
flexibility in provisioning its services in the future.
3. ICS wil compete directly with Qwest and Verizon for the provision oflocal
exchange telecommunications services.
4. ICS does not curently own facilities or property in Idaho.
4
V. FINANCIAL INFORMTION
Financial statements provided in support ofthis application are those of the parent
company, Intellgent Community Services, Inc. The curent and previous fiscal years' detailed
balance sheets and income statements are provided under seal as Exhibit B.
The Applicant's parent company has proven financially capable of providing service in
the State of Oregon since 2005, and has been granted CLEC certification in Oregon and
Washington. The Applicant has available sufficient capital to fulfill any obligations it may
undertake with respect to its operations and the services it proposes to offer. ICS is financially
qualified to operate within the State ofIdaho.
VI. "ILLUSTRATIVE" TARFF FILINGS
ICS's proposed initial price list is attached as Exhibit C.
VII. CUSTOMER CONTACTS
1. ICS's toll-free number for customer inquiries is 866-935-7800. Additionally,
customer inquiries and complaints may be directed to:
Email: customerservicermicsemai1.net
Individual responsible for complaints:
Keith Southard, President
ICS of Idaho, LLC
9400 SW Beaverton-Hilsdale Highway
Suite 205
Beaverton, Oregon, 97005
Phone: [phone]
Fax: [phone]
2. The contact for Commission Staff for resolving matters concernng rates and price
lists or tarffs, as well as general business and regulatory matters of ICS following certification,
is as follows:
5
Keith Southard, President
ICS of Idaho, LLC
9400 SW Beaverton-Hillsdale Highway
Suite 205
Beaverton, Oregon, 97005
Phone: [phone]
Fax: [phone]
VIII. INTERCONNECTION AGREEMENTS
ICS is in the process of negotiating an interconnection agreements with Verizon and
Qwest, which agreements, when finalized, wil be filed with the Commission for its approvaL.
IX. COMPLIANCE WITH COMMISSION RULES
Attached hereto is a sworn verification executed by Applicant stating that the Applicant
agrees to comply with all applicable Idaho laws and Commission rules and regulations.
X. ESCROW ACCOUNT OR SECURITY BOND
Applicant does not intend to collect advanced deposits from customers. Should ICS
decide to require advance deposits from its customers, it wil promptly arange for an escrow
account with a bonded escrow agent in accordance with the Commission rules. ICS wil comply
with all applicable Idaho laws and Commission rules and regulations regarding advance
customer deposits. Should ICS decide to require advance deposits, ICS wil file a copy of its
escrow agreement upon the Commission's request.
IX. CONCLUSION
As demonstrated by this Application and pursuant to Idaho Code §§ 61-526-528, IDAPA
31,01,01.111 and 112, and Procedural Order No. 26665, ICS's expertise in the
telecommuncations sector wil permit it to select the most economic and efficient services,
thereby providing customers with an excellent combination of price, quality and customer
services. Accordingly, ICS anticipates that its proposed service wil increase consumer choice of
6
innovative and reliable service offerings. The provision of more affordable and available local
telecommunications services wil promote the health, welfare and economic well-being of the
citizens of Idaho. ICS respectfully submits that the public interest, convenience and necessity
would be fuered by a grant ofthis Application for the authority to provide all types of
facilities-based and resold local telecommuncations services.
WHEREFORE, ICS of Idaho, LLC respectfully requests that the Idaho Public Utilities
Commission issue a Certificate of Public Convenience and Necessity authorizing ICS to provide
resold and facilities-based local exchange telecommuncations services within the State of Idaho.
Respectfully Submitted,
~
J. Jeffrey Mayhook
Laura A. Mayhook
Mayhook Law, PLLC
34808 NE 14th Avenue
La Center, W A 98629
[phone] (Tel)
[phone] (Fax)
j effreycmmayhooklaw. com
laura(ámayhooklaw.com
Dated: Februar 5,2008
7
LIST OF EXHIBITS
Exhibit A Aricles of Organization
Exhibit B Financial Statements
(CONFIDENTIAL - Submitted Under Seal)
Exhibit C Ilustrative Price List
Verification
8
Exhibit A
Aricles of Organization
9
251
.ARTICLES OF ORGANIZATION
UMITED LIABILITY COMPANY
FILED EFFECTIVE
(Instructons on back of application)~. ?..
, . . , A'", "Y~'(Q ~
~:~à G?~.. ~\ '7-(a /'a I~~~ .~
Y?-*
1. The name of the limited liability company is:
ICS of Idaho, LLC
2. The street address of the initial reistered offce is:
2160 Sout Twin Rapid Way, Boise, 10 83709
and the name of the Initial reistered agent at the above address is:
Robert C. Montgomery, Chtd.
3. The mailng address for fuure corrspondence is:
3513 NE 45th Stret, Suite 2W, Seatte, WA 98105
4. Management of the limited liabilty company will be vested In:
Manager(s) 0 or Member(s) 0 (p.. chec 1t .ppoprlt box)
5. If management is to be vested in one or more manager(s), list the name(s) and
address( es) of at least one initial manager. If management Is to be vested in the
member(s). list the name( s) and address( es) of atleast one initial member.
Name Address
Haro Grover 9400 SW Beaverton-HUsdale HighWay
Sulte20~
Bevertn,OR 97005
6. Signature ~ afte 'st oneA'Irson responsible fofonning th limitd liability company:
S'igatre' to, "í ì J' Jl. ~ . s.etary of St UQ onTyped Name: Harold Grover l .
Capaci: Manager
Signatre
Typed Name:
Capci:
I
I lll saAR IF STATE04/30/2807 85100I1s 478 CTs 212&19 ~~ 2
1 . 1... a !8;!. ..iwlTE C . 3l' 21.... 10.._ unt \"Jer. F~ini
ttl, 19'57
Exhibit B
Financial Statements
(CONFIDENTIAL - Submitted Under Seal)
10
Exhibit Ci ,,'
Ilustrative Price List
11
STATE OF OREGON )
)
)
ss.
WASHINGTON COUNTY
VERIFICATION
I, Keith Southard, state that I am President of ICS of Idao, LLC; that I am authorized to
make ths Verfication on behalf of ICS of Idaho, LLC; that the foregoing Application was
prepared under my direction and supersion; and that the contents are tre and correct to the
best of my knowledge, information and belief. As requied by Idaho Code §61-406 and by the
Commission Procedural Order No. 26665 in Case No. GNR- T -96-4, the Applicant agrees to
It .OR...
..l.88R ;. NO~
. . OOes NO~:Ct 4i
MY CôSIO EXES .D£l. 2l
e:
Title:
Company:
Keith Southard
President
ICS ofIdaho, LLC
comply with all applicable state laws and Commssion rules and re
Sworn and subscrbed before me ths .. day of Januar, 2008.
~~
My commssion expires: -12 -5'-- i.
11