20100129final_order_no_30995.pdf

Office of the Secretary
Service Date
January 29,2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF MITEL NETSOLUTIONS, INc. FOR A
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES
WITHIN THE STATE OF IDAHO
ORDER NO. 30995
CASE NO. ITN-09-
On November 25, 2009, Mitel NetSolutions, Inc. ("MiteI" or "Company ) filed an
Application for a Certificate of Public Convenience and Necessity pursuant to Idaho Code ~ ~ 61-
526 through 528, IDAPA 31.01.01.111 and Commission Order No. 26665 to provide local
exchange telecommunications services within the State ofIdaho.
On December 29 2009, the Commission issued a Notice of Application and Modified
Procedure with a 21-day comment period. See Order No. 30968. Thereafter, Commission Staff
was the only party to submit comments within the established comment period.
THE APPLICATION
Mitel is a Texas corporation and lists its principal place of business as Chandler
Arizona. Application at 1-2. Mitel is registered with the Idaho Secretary of State as a foreign
company and has contracted with Corporation Service Company, 1401 Shoreline Drive, Boise
Idaho 83702, as its Idaho registered agent for service. !d. at 2. Mitel has no office in the State of
Idaho. Id. at 1.
Mitel wishes to "provide resold local exchange service throughout the service areas of
Qwest North, Qwest South and Verizon, utilizing the facilities ofthe incumbent LECs (ILECS).
Id. at 2. . Mitel does not plan to install facilitieS' in Idaho. Id. at 4. The Company "intends to
provide all forms of intrastate local exchange and interexchange telecommunications services
including" switched local exchange, non-switched local service (e., private line), Centrex
and/or Centrex-like services, and Digital subscriber line (ISDN). Id. at 5. The Company
requests authority to "resell local exchange services initially throughout the State where provided
by incumbent LECs " except areas already serviced "by any LECs which are eligible for a small
or rural carrier exemption. . . .Id. at 5.
ORDER NO. 30995
In its filing, Mitel attached a copy of its illustrative tariff. Id. at 7, Exh. 5. The
Company has "reviewed the laws and regulations of this Commission governing local exchange
telecommunications services in Idaho" and agrees to "provide service with all laws, rules and
regulations to the extent they are not preempted by the Federal Act." Id. at 8. Mitel states that it
has not initiated interconnection or resale negotiations" for network interconnection. Id. The
Company will not require advance payments or deposits from its customers; therefore, no escrow
account is being filed. Id. Mitel has not initiated interconnection or resale negotiations for
network interconnection. Id.
ST AFF COMMENTS AND RECOMMENDATIONS
Staff reviewed Mitel's Application and recommended that the Company
Application be approved subject to the following conditions:
1. Full compliance with the Number Pool Administrator and Idaho
Commission Order No. 30425 , which requires number resource utilization
forecast (NRUF) and utilization reporting;
2. Report and contribute to the Idaho Universal Service Fund, Idaho
Telecommunications Relay System (TRS), Idaho Telephone Service
Assistance Program (ITSAP) and any requisite annual reporting that may
be appropriate in the future for competitive telecommunications providers;
3. Submission of a final price list prior to the issuance of the Certificate; and
4. An agreement from the Company to relinquish its Certificate and any
telephone numbers, if it is not doing business in Idaho within one year of
the issuance of a CPCN.
COMMISSION DECISION AND FINDINGS
Based upon our review of Mitel' s Application and the record in this case, including
Staff's comments , the Commission finds that Mitel's filing satisfies the requirements of the
Commission s Rules and Procedural Order No. 26665. Thus, we approve Mitel's Application
for a Certificate of Public Convenience and Necessity, subject to the conditions detailed in
Staff's submitted comments to allow the Company to provide local exchange
telecommunications services in the State of Idaho.
ORDER NO. 30995
ORDER
IT IS HEREBY ORDERED that Mitel NetSolutions, Inc. is granted a Certificate of
Public Convenience and Necessity to provide competitive telecommunications services within
the State ofIdaho.
IT IS FURTHER ORDERED that Mitel's Certificate of Public Convenience and
Necessity shall be subject to the following conditions: (1) compliance with the Number Pool
Administrator and Order No. 30425 mandating number resource utilization forecast (NRUF)
reporting; (2) contribution to the Idaho Universal Service Fund, Idaho Telecommunications
Relay System (TRS), Idaho Telephone Service Assistance Program (ITSAP) and any future
reporting requirements deemed appropriate for competitive telecommunication providers; (3)
filing a final and complete price list with the Commission containing all of its rates, terms and
conditions; and (4) an agreement from the Company to relinquish its certificate and any
telephone numbers if, within one year of the issuance of a CPCN, the Company is not offering
local exchange telecommunications services in Idaho.
THIS IS A FINAL ORDER. Any person interested in the 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. 30995
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this d. jf'k
day of January 2010.
MARSHA H. SMITH, COMMISSIONER
'-.,
~A.
DFORD, CO
ATTEST:
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Commission Secretary
O:ITN-09-np2
ORDER NO. 30995