20091218Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL

DATE: DECEMBER 18, 2009

SUBJECT: APPLICATION OF MITEL NETSOLUTIONS, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, CASE
NO. ITN-T-09-01

On November 25, 2009, Mitel NetSolutions, Inc. (“Mitel” 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 of Idaho.
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. Id. 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 of the 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.g., 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
DECISION MEMORANDUM 2
by incumbent LECs,” except areas already serviced “by any LECs which are eligible for a small
or rural carrier exemption. . . .” Id. at 5.
In its filing, Mitel has attached a copy of its illustrative tariff. Id. at 7, Exhibit 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 advanced payments or deposits from its customers; therefore, no
escrow account is being filed. Id.
STAFF RECOMMENDATION
Staff has reviewed Mitel’s Application and recommends that it be processed through
Modified Procedure.
COMISSION DECISION
Does the Commission wish to process Mitel’s Application for a Certificate of Public
Convenience and Necessity through Modified Procedure?

M:ITN-T-09-01_np