20100122Decision 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: JANUARY 20, 2010

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.
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. 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
DECISION MEMORANDUM 2
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.
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. Mitel has not initiated interconnection or resale negotiations for network
interconnection. Id.
STAFF COMMENTS AND RECOMMENDATION
Staff has reviewed Mitel’s Application and recommends that the Company’s Application be
approved subject to the following conditions:
1. Full compliance with the Number Pool Administrator and Idaho Commission
Order No. 30425, which requires NRUF and Utilization reporting;

2. Report and contribute to the Idaho Universal Service Fund, Idaho
Telecommunications Relay System, 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
Does the Commission wish to approve Mitel’s Application for a Certificate of Public
Convenience and Necessity?

M:ITN-T-09-01_np2