20080411Comments.pdf

KRISTINE A. SASSER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BARNO. 6618
C:lO''\. .
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 )
ICS OF IDAHO, LLC FOR A CERTIFICATE OF )
PUBLIC CONVENIENCE AND NECESSITY TO )PROVIDE LOCAL EXCHANGE )
TELECOMMUNCATIONS SERVICES. )
)
)
)
CASE NO. IOI-T-08-1
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilties Commission, by and through its
Attorney of record, Kristine A. Sasser, Deputy Attorney General, and in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 30517 on March 21, 2008 in
Case No. IOI-T-08-1, submits the following comments.
BACKGROUND
On Februar 6, 2008, ICS ofIdaho, LLC (ICS) fied an Application for a Certificate of
Public Convenience and Necessity to provide facilities-based and resold competitive local
exchange services to business and residential customers in the State of Idaho. Idaho Code §§ 62-
604 and 62-615; Order No. 26665; IDAPA 31.01.01.111. The Company intends to offer basic
local exchange services and custom callng features as well as voice and data applications through
STAFF COMMENTS 1 APRIL 11, 2008
the use of Internet Protocol (IP) technology. The Company asserts that its proposed service will
increase consumer choice for innovative and reliable services.
The Company intends to begin providing service in Idaho as soon as it obtains
authorization.
The Company is in the process of negotiating interconnection and service agreements with
Qwest Corporation and/or Verizon Northwest. The Company wil compete directly with Qwest
and Verizon for local exchange telecommunications services.
Although the Company does not intend to immediately begin providing service in areas
with small or rural local exchange cariers, it seeks statewide authority so that it may expand
when market conditions warrant and as additional service areas become open to competition.
STAFF ANALYSIS
The ICS ofIdaho, LLC, Application states the Company does not curently own facilties
or property in Idaho, but anticipates it will offer facilties-based local exchange service via
commercial wholesale agreements with incumbent local exchange companies. Customers wil
have the option of accessing ICS's service using standard telephone equipment or through an IP
"smar phone." ICS asserts it wil continuously monitor and maintain a high level of control over
its Idaho network on a 24-hours-a-day, 7-days-a-week basis.
The ICS Application included an income statement and a balance sheet for the period
ending August 31, 2007. The Company also provided an ilustrative taiff with the Application
that demonstrates an understanding of tariff requirements and processes.
ICS is a wholly-owned subsidiar of Intellgent Community Services, Inc., a competitive
provider of local and long distance telecommunications services in Oregon and Washington and a
limited liabilty company organized under the laws of the State of Idaho. The Company does not
have a principal business address in Idaho, but provided a registered agent for service.
RECOMMENDATIONS
Staff has reviewed the Application and believes that ICS understands and agrees to
comply with the Commission Rule of Procedure 111, IDAPA 31.01.01.111, and Procedural Order
No. 26665. Staff believes that the Company possesses the requisite financial, managerial, and
technical qualifications necessary to operate as a telecommunications service provider. Thus,
STAFF COMMENTS 2 APRIL 11, 2008
Staff recommends approval of the Application for Certificate of Public Convenience and
Necessity.
Respectfully submitted this -¡
II day of April 2008.
If~t;'l) (1. ~..g;iKrist e A. Sasser
Deputy Attorney General
Technical Staff: Grace Seaman
i:umisc:comments/ioit08. i ksgs
STAFF COMMENTS 3 APRIL 11, 2008
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 11TH DAY OF APRIL 2008,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. IOI-T-08-01, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO
THE FOLLOWING:
KEITH SOUTHARD
PRESIDENT
ICS OF IDAHO LLCE
SUITE 205
9400 SW BEAVERTON-HILLSDALE HWY
BEA VERTON OR 97005
J. JEFFREY MA YHOOK
LAURA A. MA YHOOK
MA YHOOK LAW PLLC
34808 NE 14TH AVE.
LA CENTER W A 98629
,Jo~SECRETA. .
CERTIFICATE OF SERVICE