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HomeMy WebLinkAbout20180430final_order_no_34044.pdfOffice of the Secretary Service Date April 30,2018 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION )CASE NO.MAG-T-17-01 OF MAGNAS LLC FOR A CERTIFICATE OF )PUBLIC CONVENIENCE AND NECESSITY ) )ORDER NO.34044 On December 5,2017,Magna5 LLC (Magna)applied to the Commission for a Certificate of Public Convenience and Necessity (Application)(CPCN)authorizing it to provide resold local exchange and resold interexchange telecommunications services in Idaho.The Commission issued a Notice of Application and Notice of Modified Procedure with a 21-day comment period.Order No.34005.Commission Staff was the only party to file written comments.After reviewing the Application and comments,the Commission approves the Application. THE APPLICATION Magna is a Delaware corporation,authorized to do business in Idaho and is located at 35445 Legacy Drive,Suite 180,Plano,Texas 75024.The Company is registered with the Idaho Secretary of State.See Application Exhibit A.The Company seeks authorityto offer resold local exchange and resold interexchange telecommunications services statewide within the State of Idaho.Application at 1.Magna states that it plans to provide resold local exchange, interexchange,dedicated point-to-pointprivate line service,Voice over Internet Protocol (VoIP), and dedicated Internet access to business customers only.Id.at 2.Magna agreed to comply with all Commission rules.Id.at 4. STAFF COMMENTS Staff reviewed Magna's Application and supplemental filings for compliance with the applicable legal requirements for obtaining a CPCN.Based on its review,Staff believes the Company understands and agrees to comply with the Commission's rules and requirements. Staff believes Magna has fulfilled all requirements for a CPCN and recommended approval of the Company's Application. DISCUSSION AND FINDINGS Based on our review of the record,including the Company's Application and Staff's comments,we find that the Company's Application complies with the requirements for a CPCN. ORDER NO.34044 1 Rule of Procedure 114 sets forth the requirements that competitive local exchange carriers -such as Magna -must satisfy to obtain a CPCN.IDAPA 31.01.01.114.We find that Magna has provided all needed information in its Application,including financial information,and that Magna possesses the requisite financial,managerial,and technical qualifications needed to operate as a telecommunications service provider.We also find that the Company is aware of and has agreed to comply with this Commission's rules.For these reasons,we approve Magna's Application for a CPCN subject to the followingconditions: 1.Magna shall comply with number pooling and reporting requirements of the North American Numbering Plan Administrator,as set forth in Commission Order No.30425; 2.Magna shall provide necessary reports and contributions as appropriate to the Idaho Universal Service Fund,Idaho Telecommunications RelaySystem,2 Idaho Telecommunications Service Assistance Program,3 and shall comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers; 3.Prior to issuance of the Certificate,Magna shall file a final price list outlining all its rates,terms and conditions with the Commission,pursuant to IDAPA 31.01.01.133and Order No.26665;and 4.Magna will relinquish its Certificate and all telephonenumbers if,within a year of issuance of a CPCN,the Company is not providing local and long distance telecommunications services in Idaho. ORDER IT IS HEREBY ORDERED that Magna5 LLC's Application for a CPCN is granted subject to the conditions outlined above. 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.Within seven (7) days after any person has petitioned for reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §62-619. *See Commission Order No.32637. 2 See Commission Order No.32524. 3 See Commission Order No.32526. ORDER NO.34044 2 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of April 2018. PAUL KJÈLLANDE ,PRESIDENT KRISÌÏNE RAPER,CO MTSSIONER ERIC ÀNDÉRSOKC M ATTEST: Diane M.Hanian Commission Secretary MAGT1701 se FINAL ORDER NO.34044 3