20040202Comments.pdf

LISA D. NORDSTROM
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5733
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
KMC TELECOM V, INc. FOR A CERTIFICATE)
OF PUBLIC CONVENIENCE AND NECESSITY
TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
CASE NO. KMC-O3-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Lisa D. Nordstrom, Deputy Attorney General, and in response to the Notice
of Application and Notice of Modified Procedure issued in Order No. 29415 on January 12
2004, submits the following comments.
BACKGROUND
On October 28, 2003, KMC Telecom V, Inc. ("KMC V" or "Company ) filed an
Application for a Certificate of Public Convenience and Necessity to provide facilities-based and
resold competitive local exchange and interexchange services throughout the state ofldaho.
KMC V is a full-service competitive communications company offering all forms of switched
dedicated and interexchange telecommunications services. The Application indicates the
Company would not enter into competition with incumbent rural local exchange carriers until the
Commission found such competition to be in the public interest.
STAFF COMMENTS FEBRUARY 2, 2004
KMC V's parent company is KMC Telecom Holdings, Inc., a Delaware Corporation with
its principal offices located in Bedminster, New Jersey. The Company has filed copies of its
Articles of Incorporation and Certificate of Authority issued by the Idaho Secretary of State.
Staffhas reviewed the information provided by KMC V in its Application and
believes it satisfies the requirements of the Commission s Rule of Procedure 111 , IDAP A
31.01.01.111, and Procedural Order No. 26665 issued November 7, 1996, which sets out the
necessary information to be included with an application for a certificate.
The Application included a list of corporate officers and a description of their
management and technical expertise. The information describes many years of managerial
experience with telecommunications companies. Staff finds the Company appears to have
adequate technical and managerial skills to provide the services identified in the Application.
The Application also included unaudited and confidential financial information for
KMC V that indicated a relatively strong position for a young competitive telecommunications
company. Therefore, Staff does not recommend imposing a financial security requirement.
KMC V specifically indicated in its Application it will comply with all Commission
rules. It also provided an illustrative tariff with its Application that demonstrates an
understanding of tariff requirements and processes.
STAFF RECOMMENDATION
Staff recommends that a Certificate of Public Convenience and Necessity to provide
competitive local exchange service in Idaho be issued to KMC V.
Respectively submitted this
/1l.
day of February 2004.
Lisa D. Nordstrom
Deputy Attorney Gen
Technical Staff: Wayne Hart
LN :i:umisc/comments/kmctO3.11nwh
STAFF COMMENTS FEBRUARY 2 , 2004
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 2ND DAY OF FEBRUARY 2004
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. KMC-03-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
BRAD MUTSCHELKNAUS
ERIC JENKINS
KELLEY DRYE & WARREN LLP
1200 19TH ST NW STE 500
WASHINGTON DC 20036
RILEY M MURPHY
SR VP / LEGAL AFF ARIS
KMC TELECOM V INC
1545 ROUTE 206 SUITE 300
BEDMINSTER NJ 07921
SECRET
CERTIFICATE OF SERVICE