HomeMy WebLinkAbout19980108Order No 27307.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF MCImetro ACCESS TRANSMISSION SERVICE, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND FOR AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICE AS A COMPETITIVE LOCAL CARRIER.
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CASE NO. MCM T 97 1
ORDER NO. 27307
On August 1, 1997, MCImetro Access Transmission Service, Inc. (MCImetro) filed an Application with the Commission for a Certificate of Public Convenience and Necessity for authority to provide local exchange service in Idaho. MCImetro is a wholly-owned subsidiary of MCI Telecommunications Corporation that is currently providing interexchange long distance service in Idaho.
The Company proposes, initially, to resell local telecommunication exchange services, but plans to offer a broader range of facilities-based exchange and access services as its customer base grows. MCImetro is applying to provide service in U S WESTs and GTEs service areas. It does not yet have interconnection agreements with U S WEST or GTE, but has submitted all of the information required in Order No. 26665 (the Commissions Procedural Order).
According to the illustrative tariff that MCImetro has filed, the Company plans to offer local exchange service and exchange access service. Included in the services are two-way lines/ trunks, direct inward/outward dialing options, local calling, operator assisted services, directory assistance, dual party relay, and 911 emergency services. It may also offer local services by using the switching/transport capacity of other existing telecommunications providers. The Company will not offer access to 900 services.
On September 17, 1997, the Commission issued a Notice of Modified Procedure soliciting comments in response to MCImetros Application. The only party to file comments was the Commission Staff. Staff noted that MCImetro requested an exemption from the requirement listed in Order No. 26665 to submit evidence of an escrow account if a company requires advance deposits by its customers. MCImetro requested a waiver of this requirement until it begins providing service in Idaho and noted that it has the financial capability to pay any liability for return of deposits in Idaho. Staff recommends approval of this waiver.
The Staffs Consumer Assistance Division also noted areas of concern regarding MCIs interexchange service, identifying several areas of specific concern including: billing, marketing practices and selection (including slamming). Staff urges the Commission to take note of the consent decree MCI entered into with the Federal Communications Commission regarding slamming allegations that ultimately involved a voluntary payment of $30,000 to the U.S. Treasury by MCI and an agreement to provide additional customer protections against slamming. Staff does not feel, however, that its concerns regarding MCIs interexchange operations within Idaho were sufficient reasons to deny MCImetros Application for a certificate to provide local exchange service. Staff will monitor MCImetros performance, however, and will expect MCImetro to be responsive to its customers concerns and to fully cooperate with the Staff in investigating complaints.
After Staff filed its comments, MCI met with Staff to discuss various issues, including its dispute resolution procedures, verification process for out bound telemarketing and its relationship with resellers of its services. Staff was assured of MCIs intent to address concerns raised and to fully cooperate with the Staff in both its interexchange and local services environment.
Following the filing of Staffs comments, MCImetro asked that its Application be put on voluntary hold until the Company had the opportunity to meet with Staff and address Staffs concerns.
MCImetro filed an illustrative tariff with the Commission. Staff has begun working with MCImetro to resolve several minor problems contained in the tariff. Staff recommends that the Commission grant MCImetros Application for a Certificate of Public Convenience and Necessity with the understanding that MCI cannot offer services in Idaho until it has filed a tariff that complies with the Commissions requirements.
FINDINGS
We hereby grant MCImetros Application for a Certificate of Public Convenience and Necessity. In so doing, we note that no party opposed MCImetros Application in this case. Consequently, we hereby approve MCImetros Application subject to the requirement that it submit a tariff complying with Commission Order No. 26665 as well as copies of its agreements with GTE and U S WEST prior to commencement of service within the state of Idaho. MCImetro shall submit its final tariff (in full compliance with Order No. 26665) no later than February 13, 1998, or its Certificate of Public Convenience and Necessity shall be revoked.
O R D E R
IT IS HEREBY ORDERED that MCImetros Application for a Certificate of Public Convenience and Necessity, as subject to the terms and conditions set forth in this Order, is granted.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. MCI T 97 1 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 or in interlocutory Orders previously issued in this Case No. MCI T 97 1. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 61 626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of January 1998.
DENNIS S. HANSEN, PRESIDENT
RALPH NELSON, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
vld/O:MCM-T-97-1.bp
ORDER NO. 27307 -1-
Office of the Secretary
Service Date
January 8, 1998