20040730Comments.pdf

LISA NORDSTROM
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BAR NO. 5733
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Street Address for Express Mail:
472 W WASHINGTON
BOISE ill 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
LIGHTYEAR NETWORK SOLUTIONS, LLC
FOR A CERTIFICATE OF PUBLIC CONVENI-
ENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE.
CASE NO. LYC-O4-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Lisa Nordstrom, Deputy Attorney General, in response to Order No.29545, the
Notice of Application and Notice of Modified Procedure in Case No. L YC- T -04-1 issued on July 8
2004, submits the following comments.
BACKGROUND
On April 12 , 2004 , Light year Network Solutions, LLC ("Light year" or "Company ) filed an
Application for a Certificate of Public Convenience and Necessity to provide facilities-based local
exchange service to residential and business customers throughout Idaho in all exchanges which are
not exempt from competition. The Company primarily will focus its competitive entry within the
Qwest region. Principally located in Louisville, Kentucky, Light year is a nationwide interexchange
ST AFF COMMENTS JULY 30, 2004
telecommunications carrier in all states but Alaska. Light year also provides local exchange services in
36 states.
Light year currently has an interconnection agreement with Qwest on file with this Commission
per Commission Order No. 29425. On July 15 , 2004 the Company filed an Agreement to adopt
Qwest's Statement of Generally Available Terms (SGAT). Case No. QWE-04-19.
In its evaluation of the Company s CPCN Application, Staff discovered that there were two
open slamming complaints on file with the Commission. These complaints were filed against the
interexchange carrier arm of the Company. Upon notification of these complaints, Light year promptly
resolved the complaints, which have subsequently been closed.
The Company has reorganized and was recently discharged from bankruptcy. Consequently, it
has little debt. With its customer base, national presence and low debt ratio, it will most likely be
financially viable and able to compete with Qwest.
The Company is requesting a waiver of certain Commission rules. They are: 1) Telephone
Customer Information Rule 102.03 (31.41.02.102.03) - Press Release; 2) Telephone Customer
Relations Rule 601 (31.41.01.601) - Directories and Customer Listing; and 3) any reporting
requirements that are not applicable to competitive providers such as Light year. Finally, the Company
will not be collecting deposits; therefore, it will not need an escrow account as required in Commission
Order No. 26665.
STAFF RECOMMENDATION
Staff believes that Light year has met all the requirements of the Commission s Rules and
Procedural Order No. 26665 and recommends approval of its Application for a certificate along with
the requested waivers.
Respectively submitted this
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30 day of July, 2004.
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Lisa N ordstr
Deputy Attorney General
Technical Staff: Carolee Hall
u/chall.lcomments/L YC- T -04-
STAFF COMMENTS JULY 30, 2004
CER TIFI CA TE OF SER VI CE
HEREBY CERTIFY THAT I HAVE THIS 30TH DAY OF WLY 2004
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. LYC-04-, BY MAILING A COpy THEREOF POSTAGE PREPAID , TOTHE FOLLOWING:
ROBIN NORTON
TECHNOLOGIES MANAGEMENT INC
PO BOX 200
WINTER PARK FL 32789
JOHN J GRIEVE VICE PRESIDENT
REGULATORY AFFAIRS/GENERAL COUNSEL
LIGHTYEAR NETWORK SOLUTIONS LLC
1901 EASTPOINT PARKWAY
LOUISVILLE KY 40223
SECRETARY
CERTIFICATE OF SERVICE