20100819Comments.pdf

KRSTINE A. SASSER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BAR NO. 6618
CE'\l
ZOlÐ AUG l 9 PM 3: 02
Street Address for Express mail
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
LXI-CLEC, LLC FORA CERTIFICATE OF )
PUBLIC CONVENIENCE AND NECESSITY )
TO PROVIDE LOCAL EXCHANGE )
TELECOMMUNICATIONS SERVICES. )
)
CASE NO. LXI-T-IO-Ol
COMMENTS OF THE
COMMISSION STAFF
The Staff of the Idaho Public Utilties Commission, by and through its Attorney of
record, Kristine A. Sasser, Deputy Attorney General, in response to the Notice of Application
and Notice of Modified Procedure (Order No. 32041) submits the following comments.
BACKGROUND
On June 21, 2010, LXI-CLEC, LLC (LXI) fi~d a replacement Application for a
Certificate of Public Convenience and Necessity (CPCN) to replace the original Application that
was filed on February 19,2010. The Application states that the Company intends to provide
basic local exchange services to residential and business customers in the Qwest
Communications (Qwest) service area. LXI intends to provide services as a switchless reseller
of unbundled network elements obtained through an interconnection agreement with the
incumbent local exchange carier.
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 ofTek.Hut, Inc.,
an Idaho company since 2001. LXI has submitted financial statements from Tek-Hut as proof of
financial stability.
STAFF COMMENTS 1 AUGUST 19,2010
STAFF ANALYSIS
LXI states that it intends to provide local exchange and long distance services to
residential and business customers initially in Qwests Twin Falls exchange area. The Company
states that it will not require advanced payments or deposits and, therefore, no escrow has been
or wil be established by the Company.
LXI provided a copy of its Certificate of Good Standing issued by the Idaho Secreta of
State's Office. The Company fuher affirms that it has reviewed all of the Commission rules
and agrees to comply with these rules.
STAFF RECOMMENDATION
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.
1 Staff believes that the
Company possesses the requisite financial, managerial, and technical qualifications necessary to
operate as a provider of telecommunications services. Staff, therefore, recommends Commission
approval of the Application for a Certificate of Public Convenience and Necessity subject to the
following conditions:
1. 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 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;
3. Prior to issuance of the Certificate, LXI fies a final price list with all its rates, terms, and
conditions with the Commission; and
4. LXI wil 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.
i The application requirements are now contained in Commission Rule of Procedure 114, IDAPA 31.01.0 i. 14.
STAFF COMMENTS 2 AUGUST 19, 2010
Respectfully submitted this
Technical Staff: Grace Seaman
i:umisc:commentslxitIO. Iksgs comments. doc
STAFF COMMENTS
, a::
I -I day of August 2010.
áf ,i;'.. æ ât.ieA,Kri e A. Sasser
Deputy Attorney General
3 AUGUST 19,2010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 19TH DAY OF AUGUST 2010,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. LXI-T-10-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID, TO
THE FOLLOWING:
NATE BONDELID
LXI-CLEC LLC
460 MAIN AVENUE S
SUITE 10
TWIN FALLS ID 83301
E-MAIL: nateaYtek-hut.com
!~
SECRE~
CERTIFICATE OF SERVICE