20100519final_order_no_31085.pdf

Office of the Secretary
Service Date
May 19 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF MBC TELECOM, LLC FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS
SERVICES.
ORDER NO. 31085
CASE NO. MBC- T -09-
On December 21 2009, MBC Telecom, LLC filed an Application for a Certificate of
Public Convenience and Necessity (CPCN) to provide facilities-based and resold local exchange
services in the State of Idaho. The Application states that the Company intends to offer local
exchange and exchange access services, including origination and termination services, for retail
and wholesale customers.
THE APPLI CA TI 0 N
The Company seeks authority to provide telecommunications servIces III areas
currently served by Qwest and Verizon.
MBC intends to use facilities purchased from other carriers and does not anticipate
installing its own physical plant in Idaho. The Company s Application states that it will begin
negotiations for interconnection agreements upon issuance of a CPCN by the Commission.
MBC is a limited liability company organized under the laws of Nevada. The
Company is registered as a foreign corporation with Idaho s Secretary of State and lists InCorp
Services, Inc. as its registered agent for service of process.
STAFF COMMENTS
Staff reviewed the Application and believes the Company understands and agrees to
comply with Commission rules and requirements. Furthermore, the information contained in the
Application satisfies the Commission s rules and requirements.See Procedural Order No.
26665; IDAPA 31.01.01.111.The Company was very responsive to Staff s requests and
recommendations for revision in bringing its illustrative price list into compliance with the
Commission s Rules of Procedure and Idaho statutes.
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 approval of the Application for a Certificate of Public Convenience and
ORDER NO. 31085
Necessity subject to the following: (1) compliance with the Number Pool Administrator and
Idaho Commission Order No. 30425 mandating number resource utilization/forecast (NRUF)
reporting requirements; (2) reporting and contribution to the Idaho Universal Service Fund
(USF), Idaho Telecommunications Relay Service (TRS), Idaho Telephone Service Assistance
Program (ITSAP), and any future reporting requirements deemed appropriate for competitive
telecommunications providers; (3) upon CPCN approval, filing a final and complete price list
with the Commission containing all of its rates, terms and conditions; and (4) agreement that the
Company will relinquish its certificate and any telephone numbers if it is not doing business
within one year of its CPCN issuance.
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 s Rules and Procedural
Order No. 26665. Thus, we approve MBC Telecom s Application for a Certificate of Public
Convenience and Necessity to allow the Company to provide telecommunications services
within the State of Idaho subject to compliance with the Number Pool Administrator;
contribution to the USF, TRS, and ITSAP; any future reporting requirements deemed
appropriate; and relinquishment of its certificate and telephone numbers if the Company is not
doing business within one year of its CPCN issuance.
ORDER
IT IS HEREBY ORDERED that MBC Telecom, LLC is granted a Certificate of
Public Convenience and Necessity to provide competitive telecommunications services within
the State ofldaho as conditioned in the body of this Order.
IT IS FURTHER ORDERED that MBC Telecom file a final and complete price list
with the Commission containing all of its rates, terms and conditions no later than fourteen (14)
days from the service date of this Order.
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 99 61-626
and 62-619.
ORDER NO. 31085
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this I q
t'A
day of May 2010.
JI MPTON,DENT
MARSHA H. SMITH, COMMISSIONER
~~~SSIONER
ATTEST:~D~
D. Jewel
Commission Secretary
O:MBC-O9-ks2
ORDER NO. 31085