20100119Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BARNO. 6864
Q¡: 1'"1j. ".\.0- .
2010JMl 19 PM 1:23
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
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 )
)
CASE NO. ITN- T -09-01
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilties Commission, by and through its
attorney of record, Neil Price, Deputy Attorney General, and in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 30968 on December 29,
2009, in Case No. ITN-T-09-01, submits the following comments.
BACKGROUND AND STAFF ANALYSIS
On November 25,2009, Mitel NetSolutions, Inc. ("MiteI" or "Company") fied 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 of Idaho.
The Company proposes to offer resold local exchange service throughout the service
areas of Qwest North, Qwest South and Verizon, using the facilities of the incumbent LECs
(ILECS). Currently, Mitel does not plan to install facilities in Idaho.
STAFF COMMENTS 1 JANUARY 19,2010
The Company intends to provide all forms of intrastate local exchange and interexchange
telecommunications services including: switched local exchange, non-switched local service
(e.g., private line), Centrex and/or Centrex-like services, and Digital subscriber line (ISDN).
Mitel attached a copy of its ilustrative tariff to its Application and it now is in
compliance with the Commission's Rules. The Company expressly states that it has reviewed
the laws and regulations of this Commission governing local exchange telecommunications
services in Idaho and agrees to provide service within the guidelines of all laws, rules and
regulations to the extent they are not preempted by the Federal Act.
Mitel states that it has not initiated interconnection or resale negotiations for network
interconnection.
STAFF RECOMMENDATION
Staff recommends that Mitel NetSolutions, Inc. be granted a CPCN subject to the
following conditions:
a. The granting of this Certificate wil be conditioned upon the Company complying
with the Number Pool Administrator and Idaho Commission Order No. 30425, which
requires NRUF and Utilization reporting.
b. As a provider of intrastate regulated local exchange services and in accordance with
the Commission's Rules of Procedure, Mitel wil be required to report and contribute,
as appropriate, to the Idaho Universal Service Fund, Idaho Telecommunications
Relay System, ITSAP and any requisite anual reporting that may be deemed
appropriate in the future for competitive telecommunication providers.
c. Upon approval of this Application, Mitel wil issue a final price list under Case No.
ITN-T-09-01, at which time a certificate wil be issued; and
d. The Company agrees that it wil relinquish its certificate and any telephone numbers
if it is not doing business within one year of its issuance of a CPCN.
STAFF COMMENTS 2 JANUARY 19,2010
Respectfully submitted this 1 ~day of Januar 2010.
~~cice
Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc:commentslitnt09. Inpch comments
STAFF COMMENTS 3 JANUARY 19,2010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 19TH DAY OF JANUARY 2010,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. ITN-T-09-01, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO
THE FOLLOWING:
LANCE J.M. STEINHART
ATTORNEY AT LAW
1720 WINDWARD CONCOURSE
SUITE 115
ALPHARETTA GA 30005
E-MAIL: lsteinharcmtelecomcounsel.com
Jo~SECRETAR
CERTIFICATE OF SERVICE