20100506Comments.pdf

KRISTINE A. SASSER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BARNO. 6618
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
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. )
)
CASE NO. MBC-T-09-01
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Kristine A. Sasser, Deputy Attorney General, and in response to the Notice
of Application and Notice of Modified Procedure issued in Order No. 31044 on April 15, 2010,
in Case No. MBC-T-09-01, submits the following comments.
BACKGROUND
On December 21,2009, MBC Telecom, LLC fied 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 Company seeks authority to provide telecommunications services in areas currently
served by Qwest and Verizon.
STAFF COMMENTS 1 MAY 6, 2010
MBC intends to use facilities purchased from other carriers and does not anticipate
installng its own physical plant in Idaho. The Company's Application states that it wil 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.
STAFF ANALYSIS
Staff has been working closely with the Company's counseL. There were a number of
revisions that were necessar to bring the ilustrative price list into compliance with the
Commission's Rules of Procedure and Idaho statutes. The Company has been very responsive to
Staffs requests and revisions. With the recent revisions, Staff believes that the Company's
Application merits Commission approvaL.
STAFF RECOMMENDATIONS
Staff recommends that MBC Telecom LLC be granted a CPCN subject to the following
conditions:
a) The Company agrees to comply with the Number Pool Administrator and Idaho
Commission Order No. 30425, which requires NRUF and Utilzation reporting.
b) As a provider of intrastate regulated local exchange services and in accordance with
the Commission's Rules of Procedure, MBC wil be required to report and contribute,
as appropriate, to the Idaho Universal Service Fund, Idaho Telecommunications
Relay System, ITSAP and any requisite annual reporting that may be deemed
appropriate in the future for competitive telecommunication providers.
c) Prior to issuance of the certificate, MBC shall file a completed and final price list
with all its rates, terms and conditions with the Commission.
d) The Company wil relinquish its certificate and any telephone numbers if, within one
year of the issuance ofa CPCN, the Company is not offering local exchange
telecommunications services in Idaho.
STAFF COMMENTS 2 MAY 6, 2010
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Respectfully submitted this lo - day of May 2010.
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Kristi e A. Sasser
Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc:commentslmbct09.1 ksch comments
STAFF COMMENTS 3 MAY 6, 2010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 6TH DAY OF MAY 2010, SERVED
THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN CASE
NO. MBC-T-09-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
JED STAFFORD PRESIDENT
MBC TELECOM LLC
297 KINGSBURY GRADE
STE D BOX 4470
STATELINE NV 89449-4470
E-MAIL: jeds(fmbc.com
MICHAEL P DONAHUE
HELEIN & MARASHLIAN LLC
1420 SPRING HILL RD
STE 205
McLEAN VA 22102
E-MAIL: mpd(fcommlawgroup.com
Jorfrk-
SECRETARY
CERTIFICATE OF SERVICE