20040420Idaho Telephone Assoc.pdf

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Conley E. Ward (ISB #1683)
Michael C. Creamer (ISB #4030)
GIVENS PURSLEY LLP
601 West Bannock Street
O. Box 2720
Boise, Idaho 83701-2720
Telephone: [phone]
Facsimile: 208-388-1300
S:\CLIENTS\1233\185\Conunents on IDACOMM Application.DOC
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Attorneys for Idaho Telephone Association
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDACOMM, INC. FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND
NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS
SERVICES
Case No: IZ2-04-
COMMENTS OF IDAHO TELEPHONE
ASSOCIATION
Idaho Telephone Association ("ITA"), through its attorneys Givens Pursley LLP, on
behalf of its member independent local exchange carriers, and pursuant to IDAPA 31.01.01.203
and Commission Order 29450, hereby submits Comments on the above-captioned Application of
IDACOMM, Inc. ("IDACOMM"
COMMENTS
The independent local exchange carries on whose behalf IT A submits these
Comments currently are the exclusive providers of basic local exchange service within their
respective service areas pursuant to Certificates of Public Convenience and Necessity issued by
the Idaho Public Utilities Commission ("Commission
IDACOMM's Application seeks permission to provide the following
telecommunications services: a variety of high speed private line and dedicated transport
COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 1
services initially as well as switched local exchange and local access services, including
advanced features such as voice mail and caller identification in the State ofldaho. IDACOMM
will provide these services through owned facilities and facilities to be leased from other CLECs
or Qwest Corporation.
Each of IT A's member local exchange carriers meet the definitions of a
Common Carrier
" "
Telecommunications Carrier" and "Rural Telephone Carrier" under the
Federal Telecommunications Act of 1996 ("1996 Act"
IDACOMM has not made a bona fide request to ITA's members for
interconnection, services or network elements.
Any grant of certificate authority to IDACOMM should be made expressly
subject to the exemption of ITA 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.
The Commission s Notice of Application was issued on March 22 2004 and the
comment deadline established by that notice was April 12, 2004. Through inadvertence, ITA'
counsel has not submitted these Comments by the deadline set by the Commission. However, it
does not appear that any party will be prejudiced, and it is respectfully requested that these late-
filed Comments be accepted and considered by the Commission.
11-
Respectfully submitted this day of April 2004.
GIVENS PURSLEY wi~
ConelyE. Ward
Michael C. Creamer
Attorneys for Idaho Telephone
Association
COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 2
CERTIFICATE OF SERVICE
I hereby certify that on this y of April 2004, I caused to be served a true and
correct copy of the foregoing by the method indicated below, and addressed to the following:
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83720-5983
u.S. Mail
Facsimile
Hand Delivery
Overnight Mail
Bruce MacMahon
VP & CFO
IDACOMM, Inc.
O. Box 1162
Boise, ID 83701
----P- U.S. Mail
Facsimile
Hand Delivery
Overnight Mail
----t- u.S. Mail
Facsimile
Hand Delivery
Overnight Mail
Pat Harrington
1221 W. Idaho Street
Boise, ID 83702
LAU
Michael C. Creamer
COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 3