20100317final_order_no_31027.pdf

Office of the Secretary
Service Date
March 17 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF MILLENNIUM NETWORKS, LLC FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNCA TIONS
SERVICES.
CASE NO. MNL-09-
ORDER NO. 31027
On November 23 2009 Millennium Networks LLC filed an Application for a
Certificate of Public Convenience and Necessity (CPCN) to provide telecommunications services to
residential and commercial subscribers in the State ofIdaho. On February 5 2010 the Commission
issued a Notice of Application and Notice of Modified Procedure that set a comment deadline of
February 26, 2010. Order No. 30997. Only the Staff filed comments. After reviewing the
Application and comments, we grant the Company s request for a CPCN.
THE APPLICATION
Millennium Networks ' Application states that the Company intends to provide voice
over Internet protocol (VoIP) telecommunications services to residential and commercial
subscribers. The Company states that it is a facilities-based provider that will provide services from
Soda Springs, Idaho, and that it has the necessary equipment to provide services immediately after a
Certificate is granted. The Company maintains that its service will compete with Qwest
Corporation and has already negotiated an interconnection agreement with Qwest through its
affiliate Silver Star Communications.
Millennium Networks is a limited liability company created under the laws of Wyoming
and wholly owned by Silver Star Telephone Company, Inc. The Company is registered to do
business in the State of Idaho as a foreign limited liability company. The Company identifies Aaron
Jenkins as its registered agent for service of process.
STAFF COMMENTS
Staff reviewed the Application and believes the Company understands and agrees to
comply with applicable Commission rules and requirements. Furthermore, the information
contained in the Application satisfies the Commission s rules and requirements. See Procedural
Order No. 26665; IDAP A 31.01.01.111. Staff believes the Company possesses the requisite
ORDER NO. 31027
financial , managerial, and technical qualifications necessary to operate as a provider of
telecommunications services.
Staff noted that to date the Federal Communications Commission (FCC) has not made a
clear determination of the regulatory status of interconnected VoIP services. It thus remains unclear
whether fixed-location (non-nomadic) interconnected VoIP telecommunications offerings currently
are properly classified as telecommunications services or information services as defined in the
Telecommunications Act of 1934, as amended by the Telecommunications Act of 1996. If the FCC
were to determine that interconnected VoIP offerings are information services or ifthe FCC were to
preempt state regulation of all VoIP services, those services would not be subject to regulation by
this Commission.Absent such a classification by the FCC, Staff believes that approval
Millenium s Application is consistent with the Commission s obligation, under state and federal
statutes, to promote competition in telecommunications services, including basic local exchange
service. Because interconnected fixed VoIP service is functionally equivalent to circuit switched
local exchange services, Staff believes granting this Application for a CPCN would encourage
competition within Idaho. Staff recommended approval of the Application for a Certificate of
Public Convenience and Necessity subject to the following: Millenium (1) complies with the
Number Pool Administrator and Idaho Commission Order No. 30425 mandating number resource
utilization/forecast (NRUF) reporting requirements; (2) contributes to the Idaho Universal Service
Fund (USF), Idaho Telecommunications Relay Service (TRS), Idaho Telephone Service Assistance
Program (ITSAP), and complies with any future reporting requirements deemed appropriate for
competitive telecommunications providers; (3) upon CPCN approval, files a final and complete
price list with the Commission containing all of its service rates, terms and conditions; and (4)
agrees to relinquish its Certificate and any telephone numbers if it is not doing business within one
year of issuance of its CPCN.
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. The Commission therefore approves Millennium 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 its compliance with the Number Pool Administrator
requirements; it contributes to the USF , TRS, and ITSAP; it complies with any future reporting
ORDER NO. 31027
requirements deemed appropriate; and that Millenium relinquishes its Certificate and telephone
numbers if the Company is not doing business within one year of issuance of its CPCN.
ORDER
IT IS HEREBY ORDERED that Millennium Networks, LLC is granted a Certificate of
Public Convenience and Necessity to provide competitive telecommunications services within the
State ofIdaho as conditioned in the body of this Order.
IT IS FURTHER ORDERED that Millennium 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 11r-~
day of March 2010.
IJrEil ~r:~D. K PTO , P SIDENT
MARSHA H. SMITH, COMMISSIONER
'J\"~ --'
, '
MACK A. REDFORD, COMMISSIONER
ATTEST:
tO~." 2~Je D. Jewell.
mission Secretary
O:MNL-09-01 ks2
ORDER NO. 31027