20060816final_order_no_30112.pdf

Office of the Secretary
Service Date
August 16 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF MY CHOICE COMMUNICATIONS, INC.
DBA MCCI FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY ORDER NO. 30112
CASE NO. MCC- T -06-
On March 30, 2006, My Choice Communications, Inc. dba MCCI (MCCI; Company)
filed an Application with the Commission for a Certificate of Public Convenience and Necessity
to provide resold and/or facilities-based local exchange services in Idaho exchanges currently
served by Qwest. The Commission authorized the use of Modified Procedure to process the
Company s Application with a comment deadline of July 20, 2006.Order No. 30077.
Commission Staff was the only party to file comments, and recommended approval of the
Company s Application. With this Order the Commission approves the Company s Application
as more fully set forth below.
THE APPLICATION
According to the Company s Application, MCCI is a privately held corporation
organized under the laws of the State of Idaho. The Company s principal place of business is
located at Pocatello, Idaho. MCCI proposes to offer residential and small business basic
exchange service as well as business class local loop connectivity and transmission necessary to
connect business customers to interexchange carrier points of presence.
The Application states that the Company does not anticipate installing any physical
plant at this time and will lease Qwest's unbundled network element platform. MCCI states that
as the market for its services and its business plans dictate it may eventually lease or deploy its
own switches within existing carrier hotels or other leased premises, but no physical construction
of fiber optic or copper cables is anticipated, now or in the future. The Company is currently
negotiating an interconnection agreement with Qwest. The Application contains a written
statement that the Applicant is familiar with the Commission rules and agrees to comply with
them. A proposed initial tariff was filed with the Application, and a replacement tariff was filed
on June 20, 2006.
ORDER NO. 30112
ST AFF COMMENTS
Based on its review of the Company s Application, Staff has determined that MCCI's
filing complies with the Commission s requirements for issuance of a Certificate of Public
Convenience and Necessity. Staff believes that the Company understands and agrees to comply
with the Commission rules and requirements. Staff recommended approval of the Company
Application.
COMMISSION FINDINGS
Based upon the comments and the record in this case, the Commission grants the
Company s Application. When considering an application for a Certificate, the Commission
must determine if the applicant has the necessary qualifications to provide service while still
fostering competition in the local telecommunications market. Based upon our review of the
filing and the record in this case, the Commission finds that MCCI's filing satisfies the
requirements of the Commission s Rules and Procedural Order No. 26665. Thus, we approve
the Company s Application for a Certificate of Public Convenience and Necessity. This
consistent with our previous Orders granting authority to provide telecommunications services to
carriers meeting the established requirements.
ORDER
IT IS HEREBY ORDERED that My Choice Communications, Inc. dba MCCI is
granted a Certificate of Public Convenience and Necessity to provide competitive
telecommunications services within the State of Idaho in the geographic areas currently served
by Qwest and Verizon.
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. See Idaho Code ~ 61-
626.
ORDER NO. 30112
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this (p-rA
day of August 2006.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~al ~~
.. D. Jewell
Commission Secretary
O:MCC-O6-01 dw2
ORDER NO. 30112