HomeMy WebLinkAbout27787.docx(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF INTELLICALL OPERATOR SERVICES, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES.
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CASE NO. IOS-T-98-1
ORDER NO. 27787
On April 17, 1998, Intellicall Operator Services, Inc. (IOS) filed an Application for a Certificate of Public Convenience and Necessity to provide local exchange service in the state of Idaho. IOS proposes to resell local exchange telecommunications services to small and medium sized business and residential customers, especially customers who prefer short-term, prepaid local services on a cash basis. IOS intends to provide services in the U S WEST service area and currently is negotiating with U S WEST for an Interconnection Agreement. On September 17, 1998, the Commission issued a Notice of Application and Notice of Modified Procedure. Written comments were filed during the comment period only by the Commission Staff.
In its comments, Staff noted that IOS had provided the information required to obtain a Certificate, but also noted that IOS’s Application was deficient in two respects. First, although IOS apparently agreed to make changes recommended by Staff to its proposed tariffs, the Company had not yet filed revised tariffs. Staff recommended that approval of the Application not be granted or be conditioned on the filing of corrected tariffs by the Company.
Second, Staff noted that the Commission’s Procedural Order No. 26665 requires a provider that collects advance deposits to submit a signed copy of an escrow account with a bonded escrow agent. Although IOS states that it does not generally intend to require advance deposits, language in its tariffs permits the Company to collect advance deposits and advance payments. Staff recommended that the Commission not issue a Certificate until IOS either removes the deposit provision from its tariff or submits a signed copy of an escrow account. Staff continued to discuss these issues with IOS and recommended that the Commission approve IOS’s Application, conditioned, however, on the resolution of the advance deposit and escrow bond requirement, and the submission of revised tariffs to the Commission.
Based on the recommendation of Staff and the record in this case, we find that IOS has substantially complied with Commission requirements for issuance of a Certificate of Public Convenience and Necessity. However, IOS must remove the advance deposit requirement from its tariffs or establish an escrow account and file corrected tariffs. Upon completion of these requirements, the Commission will issue a Certificate to IOS.
O R D E R
IT IS HEREBY ORDERED that the application of Intellicall Operator Services, Inc. for a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services is approved, conditioned upon the Company submitting revised tariffs to comply with Commission requirements. The Certificate will be issued, authorizing IOS’s operations in the areas of the state currently served by U S WEST, when IOS files its revised tariffs.
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. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of October 1998.
DENNIS S. HANSEN, PRESIDENT
RALPH NELSON, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
vld/O:IOS-T-98-1.ws2
COMMENTS AND ANNOTATIONS
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Service Date
October 29, 1998