20100827final_order_no_32057.pdf

Office of the Secretary
Service Date
August 27 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
LXI-CLEC, LLC, FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
TO PROVIDE LOCAL EXCHANGE
TELECOMMUNCATIONS SERVICES.ORDER NO. 32057
CASE NO. LXI-IO-
On February 19, 2010, LXI-CLEC, LLC (LXI) filed an Application for a Certificate of
Public Convenience and Necessity (CPCN) to provide facilities-based and resold local exchange
telecommunications services in the State of Idaho. On June 21, 2010, LXI filed an Amended
Application intended to replace its original filing. The Commission issued a Notice of Application
and Notice of Modified Procedure on July 29, 2010, setting an August 19, 2010, deadline for
comments. Staff was the only party to file comments. After reviewing the comments and the record
in this case, the Commission grants the Company s Application for a CPCN.
THE APPLICATION
Its Application states that LXI intends to provide services to residential and business
customers as a switchless reseller of unbundled network elements obtained through interconnection
agreements with incumbent local exchange carriers. The Company intends to offer service in the
areas served by Qwest.At the time of its Application, the Company had not initiated any
interconnection or resale agreements.
Although the Company intends to initially provide services to business and residential
customers in the Magic Valley, it seeks authority to resell and provide facilities-based interexchange
and local exchange services throughout the State. The Company states that because it will not require
advanced payments or deposits, no escrow has been or will be established by the Company.
LXI is a limited liability company organized under the laws of Idaho and located in Twin
Falls. The Company states that it is a new entity being supported by the owners of Tek-Hut, Inc. an
Idaho company since 2001. LXI has submitted financial statements from Tek-Hut as proof of
financial stability. The Company affirms that it has reviewed all of the Commission rules and agrees
to comply with these rules.
ORDER NO. 32057
STAFF COMMENTS
Staff has reviewed the Application of LXI for compliance with applicable legal
requirements for acquiring a CPCN, including the Commission s Procedural Order No. 26665 that
sets forth the information that must be included in an application.! Staff believes that the Company
possesses the requisite financial, managerial, and technical qualifications necessary to operate as a
provider of telecommunications services. Staff, therefore, recommended Commission approval of
the Application for a Certificate of Public Convenience and Necessity subject to the following
conditions:
I. The Company complies with number pooling and reporting requirements of
the North American Numbering Plan Administrator, as set forth in
Commission Order No 30425;
2. LXI provides necessary 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;
3. Prior to issuance of the Certificate, LXI files a final price list with all its rates
terms, and conditions with the Commission; and
4. LXI will relinquish its Certificate and all telephone numbers if, within one year
of issuance of a CPCN, the Company is not providing local exchange
telecommunications services in Idaho.
COMMISSION FINDINGS
Based on our review of the filing and the record in this case, the Commission finds that
the Company s filing satisfies the requirements of the Commission Rule 114. Thus, we approve
LXI's Application for a Certificate of Public Convenience and Necessity to recognize the Company
will provide telecommunications services within the State of Idaho, subject to the conditions noted
above, including its compliance with number pooling and reporting requirements of the North
American Numbering Plan Administrator. As a local exchange service provider, LXI shall report and
contribute to the Idaho Universal Service Fund, the Idaho Telecommunications Relay System, and
the Idaho Telecommunications Service Assistance Program, and comply with all future reporting
requirements deemed appropriate by the Commission for competitive telecommunications providers.
Application requirements are also contained in Commission Rule of Procedure 114, IDAPA 31.01.01.114.
ORDER NO. 32057
If LXI is not providing local exchange service within one year of receiving its Certificate, LXI shall
relinquish its Certificate and return its telephone numbers to NeuStar.
ORDER
IT IS HEREBY ORDERED that LXI-CLEC , LLC is granted a Certificate of Public
Convenience and Necessity to provide competitive telecommunications services within the State of
Idaho, subject to the conditions listed above. The Commission will issue a Certificate of Public
Convenience and Necessity to LXI only after it files its completed price lists.
IT IS FURTHER ORDERED that if LXI is not providing local exchange service within
one year of receiving its Certificate, LXI shall surrender its Certificate and return its telephone
numbers to the North American Numbering Plan Administrator.
THIS IS A FINAL ORDER. Any person interested in this 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. Idaho Code ~~ 61-626 and
62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ~(O-ti.--
day of August 2010.
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MARSHA H. SMITH, COMMISSIONER
MACK A~DFORD
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CO ON R
ATTEST:
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Barbara Barrows
Assistant Commission Secretary
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ORDER NO. 32057