20101215Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BARNO. 6864
R E r- i- It ¡ '.',i""\ ,. ..l~JC i v t~)
2UlÐOEC l 5 PMl: S3
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
LIBERTY-BELL TELECOM, LLC FOR A ) CASE NO. LBT-T-IO-Ol
CERTIFICATE OF PUBLIC CONVENIENCE )AND NECESSITY. )
) COMMENTS OF THE
) COMMISSION STAFF
)
COMES NOW the Staff of the Idaho Public Utilties Commission, by and through its
attorney of record, Neil Price, Deputy Attorney General, and in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 32128 on November 24,2010,
in Case No. LBT-T-10-01, submits the following comments.
BACKGROUND
On June 23, 2010, Libert-Bell Telecom, LLC ("LBT"or "Company") fied an
Application, including a copy of its ilustrative taiff, for a Certificate of Public Convenience and
Necessity ("CPCN"), pursuant to Idaho Code §§ 61-526 through -5281, Idaho Code § 62-604,
IDAPA 31.01.01.111 (Rule 111), IDAPA 31.42.01.202 (Rule 202) and Procedural Order No.
1 Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code § 62-604(1 )(a), LBT is exempt
from Title 61 regulation.
STAFF COMMENTS 1 DECEMBER 15,2010
26665, to provide facilties-based local exchange, switched exchange access and non-facilties-
based interexchange telecommunications services in Idaho. Later, LBT fied a revised copy of its
ilustrative tariff.
The Company states in its Application that it proposes to offer competitive local
exchange services initially, including basic local exchange services and custom callng features
for residential and commercial subscribers. Subsequently, the Company proposes to offer
exchange access services to interconnecting carers.
STAFF ANALYSIS
Staff has been working with the Company and its attorney to bring the ilustrative
price list into compliance with the Commission's Customer Relation Rules and Idaho Statutes.
After many corrections and revisions, Staff believes the Application and Price List now comport
with the Commission's Rules and Idaho Statutes.
The Company intends to provide' local exchange services using unbundled network
elements. Interexchange services will be offered exclusively on a resold, non-facilties-based,
basis. LBT has no current plan to construct facilties or deploy equipment in Idaho.
LBT's proposed Idaho service territory will include all areas of Idaho currently being
served by Qwest Corporation.
LBT states that it will begin negotiating an interconnection agreement with Qwest
Corporation following the Commission's decision regarding its Application.
LBT explicitly states that it has reviewed all of the Commission's rules and agrees to
comply with such rules.
LBT requests a waiver of the "eSCrow account requirement. The Company wil not
require its customers to submit advance payments or deposits in exchange for service.
On December 14, 2010, a Consent Decree was issued and adopted between the
Enforcement Bureau of the Federal CommUnications Commission ("Bureau") and Liberty-Bell.
The Consent Decree terminated a Bureau investigatioti into Liberty-Bell for possible violations of
the Communications Act of 1934 and corresponding rules. Staff notes 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 with this Commission.
STAFF COMMENTS 2 DECEMBER 15,2010
STAFF RECOMMENDATION
1. Staff recommends that Liberty.;Bell Telecom, LLC be granted a CPCN subject to the
following conditions:
a. The Company complies with number pooling and reporting requirements of the
North American Numbering Plan Administrator, as set forth in Commission
Order No. 30425;
b. Liberty-Bell provides necessar reports and contributes as appropriate to the
Idaho Universal Service Fund, Idaho Telecommunications Relay System,
Idaho Telecommunications Service Assistance Program, and complies with all
future reporting requirements deemed appropriate by the Commission for
competitive telecommunication providers;
c. Liberty-Bell shall relinquish its Certificate and all telephone numbers if, within
one year of issuance of a CPCN, the Company is not providing basic local
exchange telecommunications services in Idaho as defined by Idaho Code §62-
603(1),2
2. Finally, Staff recommends that the Company's request for a waiver of the escrow
account be granted.
Respectfully submitted this Isz day of December 2010.
~b' ;: c'". ~~O) ~(, dalJJ.A..
.~ eil Price
lI Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc:commentsbttIO. lnpch comments
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.
STAFF COMMENTS 3 DECEMBER 15,2010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 15TH DAY OF DECEMBER 2010,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. LBT-T-10-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
CHRISTINA NEHER
LIBERTY-BELL TELECOM LLC
STE #380-C
2460 W 26TH AVE
DENVER CO 80211
, ~t~SECRETARY ~ ..
CERTIFICATE OF SERVICE