20060720Comments.pdf

DONOVAN E. WALKER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5921
RECEIVED
2006 JUL 20 AM 9:36
IDAHO PUBLIC
UTILITIES COMMISSION
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, ID 83702-5983
Attorney for the Commission Staff
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.
COMMENTS OF THE
COMMISSION STAFF
CASE NO. MCC-O6-
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney ofrecord, Donovan E. Walker, Deputy Attorney General, in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 30077 on July 3 2006, and
submits the following comments.
BACKGROUND
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.
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
STAFF COMMENTS JULY 20, 2006
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 that 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.
STAFF ANALYSIS
Staff has reviewed the information provided by MCCI in its Application and believes it
satisfies the requirements of the Commission s Rule of Procedure 111 IDAP A 31.01.01.111
and Procedural Order No. 26665 issued November 7, 1996, which sets out the necessary
information to be included with an application for a certificate. MCCI's Application includes all
of the required information.
MCCI provided resumes of its key personnel that identified a broad range of expertise in
communications related businesses. The Application included unaudited financial information.
Staff is satisfied that the Company has the technical, managerial and financial strength to provide
the services identified in the Application.
MCCI specifically stated in its Application it will comply with all Commission rules.
has provided an illustrative tariff with its Application that demonstrates an understanding of
tariff requirements and processes. The Company will not require advance deposits by its
customers and therefore did not submit an executed copy of an escrow account.
STAFF RECOMMENDATION
Staff recommends that a Certificate of Public Convenience and Necessity to provide
competitive local exchange service in Idaho be granted to My Choice Communications, Inc.
STAFF COMMENTS JULY 20, 2006
Respectfully submitted this )Of( day of July 2006.
c!JJf (V
Donovan E. Walker
Deputy Attorney General
Technical Staff: Wayne Hart
i :umisc:comments/mcctO6, 1 dwwh.doc
STAFF COMMENTS JULY 20, 2006
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 20TH DAY OF JULY 2006
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. MCC-06-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
SAEID REZAII
MY CHOICE COMMUNICATIONS
DBA MCCI
1424 YELLOWSTONE AVE
POCATELLO ID 83201
JONATHAN S MARASHLIAN
THE HELEIN LAW GROUP PC
8180 GREENSBORO DR STE 700
McLEAN VA 22101
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SECRET
CERTIFICATE OF SERVICE