20040511Final Order No 29494.pdf

Office of the Secretary
Service Date
May 11 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDACOMM, INC. FOR A CERTIFICATE OF
PUBLI C CO NVENIEN CE AND NECESSITY
TO PROVIDE LOCAL EXCHANGE
TELECO MMUNI CA TI 0 NS SER VI CES.
ORDER NO. 29494
CASE NO. IZ2-O4-
On March 12, 2004, IDACOMM, Inc. filed an Application for a Certificate of Public
Convenience and Necessity ("CPCN") to provide resold and facilities-based local exchange
services and emerging telecommunications services throughout the State of Idaho. IDACOMM
is a wholly owned subsidiary of IDACORP, Inc. and operates as a separate entity from its parent
corporation. IDACOMM is organized under the laws of Idaho and has filed a copy of its
Certificate of Authority issued by the Idaho Secretary of State. IDACOMM currently provides
advanced data communications and Internet service in Idaho and also operates high-speed fiber
optic rings in Ada and Canyon Counties.
The Commission issued a Notice of Application and Notice of Modified Procedure in
this case on March 22, 2004. Order No. 29450. The Commission Staff and Idaho Telephone
Association ("ITA") filed written comments in response to this Notice. Based on the comments
the law, and the record, the Commission grants the Company s Application.
STAFF RECOMMENDATION
Staff reviewed the information provided by IDACOMM in its Application and
believes it satisfies the requirements of Commission Rule of Procedure 111 , IDAP
31.01.01.111 and Procedural Order No. 26665 issued November 7, 1996.
The Application also included financial information about IDACOMM that indicated
it was in a satisfactory financial position. Staff is satisfied that the Company has the technical
managerial and financial strength to provide the services identified in this Application.
IDACOMM specifically indicated in its Application it will comply with all
Commission Rules and has provided an illustrative tariff with its Application that demonstrates
an understanding of the tariff requirements and processes.
ORDER NO. 29494
In conclusion, Staff recommended that a Certificate of Public Convenience and
Necessity to provide competitive local exchange service in Idaho be provided to IDACOMM
Inc.
ITA'COMMENTS
ITA stated that any grant of a CPCN to IDACOMM should be subject to the
exemption of IT A members from the obligations of incumbent local exchange carriers under
Section 251 (c) of the 1996 Act, until such time as the requirements for lifting such exemption
contained in Section 251(f) of the 1996 Act have been met.
COMMISSION FINDINGS
Based on the comments, the law, and the record, the Commission grants the
Application. The Commission further finds that this grant of a CPCN to IDACOMM is subject
to the exemption of IT A members from the obligations of incumbent local exchange carriers
under Section 251 (c) of the 1996 Act, until such time as the requirements for lifting such
exemption contained in Section 251(f) of the 1996 Act have been met.
ORDER
IT IS HEREBY ORDERED that IDACOMM's Application for a Certificate of Public
Convenience and Necessity is granted. Furthermore, this grant of a CPCN to IDACOMM is
subject to the exemption of Idaho Telephone Association members from the obligations of
incumbent local exchange carriers under Section 251 (c) of the 1996 Act, until such time as the
requirements for lifting such exemption contained in Section 251(f) of the 1996 Act have been
met.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. IZ2-04-
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 or interlocutory Orders previously issued in this
case. Within seven (7) days after any person has petitioned for reconsideration, any other person
may cross-petition for reconsideration. See Idaho Code ~~ 61-626 and 62-619.
ORDER NO. 29494
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
//1"-
day of May 2004.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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ORDER NO. 29494