20101229final_order_no_32153.pdf

Office of the Secretary
Service Date
December 29 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF LIBERTY-BELL TELECOM, LLC FOR
A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY ORDER NO. 32153
CASE NO. LBT-10-
On June 23 , 2010, Liberty-Bell Telecom, LLC ("LBT" or "Company ) filed an
Application, including a copy of its illustrative tariff, for a Certificate of Public Convenience and
Necessity ("CPCN"), pursuant to Idaho Code 99 61-526 through -5281 Idaho Code 9 62-604
IDAPA 31.01.01.111 (Rule 111), IDAPA 31.42.01 (Rule 202) and Procedural Order No. 26665
to provide facilities-based local exchange, switched exchange access and non-facilities-based
interexchange telecommunications services in Idaho. Application at 1.On October 12, 2010
LBT filed a revised copy of its illustrative tariff.
On November 24, 2010, the Commission issued a Notice of Application and
Modified Procedure with a 21-day comment period. Thereafter, Commission Staff was the only
party to submit written comments within the established comment period.
THE APPLICATION
LBT is a Colorado corporation and lists its principal place of business as Denver
Colorado. Id. at 2. LBT is registered with the Idaho Secretary of State as a foreign corporation
and lists CT Corporation System, 1111 West Jefferson, Suite 530, Boise, Idaho 83702, as its
Idaho registered agent for service. Id. at 2 , Exhibit C.
LBT states in its Application that it "proposes to offer competitive local exchange
servIces initially including, basic local exchange services and custom calling features for
residential and commercial subscribers.Id. at 2. Subsequently, the Company "proposes to
offer exchange access services to interconnecting carriers.Id. The Company s local exchange
services "will be provided on a facilities-based basis(,J" utilizing the unbundled network
elements of its underlying carriers. Id. (I)nterexchange services will be offered exclusively on
a resold, non-facilities-based basis.Id. LBT has no current plan to construct facilities or
deploy equipment in Idaho. Id. at 5.
I Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code 9 62-604(1 )(a), LBT is exempt
ITom Title 61 regulation.
ORDER NO. 32153
LBT's proposed Idaho service territory will include all areas of Idaho currently being
served by "Qwest Corporation, its sole incumbent local exchange carrier competitor.Id. LBT
attached a copy of its illustrative tariff to its Application. See id. at 7, Exhibit A. The Company
states that it will begin negotiating an interconnection agreement with Qwest Corporation
following the Commission s decision regarding its Application. Id. at 8. LBT "avers that it has
reviewed all of the Commission s rules and agrees to comply with such rules.Id. at 9. LBT
requests a waiver of the escrow account requirement because it will not require its customers to
submit advance payments or deposits in exchange for service. Id.
ST AFF COMMENTS AND RECOMMENDATION
Staff stated that it worked with LBT and its attorney to bring the Company
illustrative price list into compliance with the Commission s Customer Relations Rules and
Idaho statutes. After numerous corrections and revisions, Staff now believes that the Application
and price list comport with the Commission s Rules and Idaho statutes.
On December 14, 2010, a Consent Decree was issued and adopted between the
Enforcement Bureau of the Federal Communications Commission ("Bureau ) and LBT. The
Consent Decree terminated a Bureau investigation regarding potential violations of the
Communications Act of 1934 and corresponding rules. Staff noted that this Consent Decree is a
result of alleged international violations and does not have intrastate certification implications
that would negatively impact the Company s Application for a CPCN.
Staff recommended that the Commission grant LBT's Application for CPCN , subject
to the following conditions:
a. LBT must comply with number pooling and reporting requirements of the
North American Numbering Plan Administrator, as set forth in
Commission Order No. 30425;
b. LBT must provide all necessary reports and make appropriate
contributions to the Idaho Universal Service Fund Idaho
Telecommunications Relay System, Idaho Telecommunications Service
Assistance Program, and comply with all future reporting requirementsdeemed appropriate by the Commission for competitive
telecommunications providers; and
c. LBT shall relinquish its Certificate and all telephone numbers if, within
one year of the issuance of a CPCN, the Company is not providing basic
ORDER NO. 32153
local exchange telecommunications services in Idaho as defined by Idaho
Code 9 62- 603(1).
Finally, Staff recommended that the Company s request for a waiver of the escrow
account requirement be granted.
COMMISSION FINDINGS AND DECISION
Based upon our review of LBT's Application and the record in this case, including
Staffs comments regarding the importance of securing the Company s compliance with all
federal and state guidelines pertaining to the Idaho area code and contribution to the Idaho
Universal Service Fund Idaho Telecommunications Relay System and Idaho
Telecommunications Service Assistance Program, the Commission finds that LBT's filing
satisfies the requirements of the Commission s Rules and Procedural Order No. 26665. Thus
we approve LBT's Application for a Certificate of Public Convenience and Necessity, subject to
the conditions detailed in Staff s comments, to allow the Company to provide local exchange
telecommunications services in the State of Idaho. Inasmuch as the Company does not collect
deposits from its Idaho customers, the Commission waives the escrow requirement.
ORDER
IT IS HEREBY ORDERED that the Application of Liberty-Bell Telecom, LLC for a
Certificate of Public Convenience and Necessity to provide local exchange telecommunications
services within the State of Idaho is granted.
IT IS FURTHER ORDERED that the Company s Certificate of Public Convenience
and Necessity shall be subject to the following conditions: (1) compliance with the Number Pool
Administrator and Order No. 30425 mandating number resource utilization forecast (NRUF)
reporting; (2) contribution to the Idaho Universal Service Fund, Idaho Telecommunications
Relay System (TRS), Idaho Telephone Assistance Program (ITSAP) and any future reporting
requirements deemed appropriate for competitive telecommunication providers; (3) filing of a
final and complete price list with the Commission containing all of the Company s rates, terms
and conditions for service; and (4) an agreement from the Company to relinquish its Certificate
and any telephone numbers if, within one year of the issuance of a CPCN , the Company is not
offering local exchange telecommunications services in Idaho.
2 "Basic local exchange service" means the provision of access lines to residential and small business customers
with the associated transmission of two-way interactive switched voice communication within a local exchange
calling area.
ORDER NO. 32153
THIS IS A FINAL ORDER. Any person interested in the Order 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. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this :2714
day of December 2010.
. KEMPTON, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~6J~
D. Jewel
Commission Secretary
O:LBT-IO-np2
ORDER NO. 32153