20100225Comments.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
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 TELECOMMUNICATIONS )SERVICES. )
)
CASE NO. MNL-T-09-01
COMMENTS OF THE
COMMISSION STAFF
The Staff of the Idaho Public Utilities Commission, by and through its attorney of record,
Kristine A. Sasser, Deputy Attorney General, in response to the Notice of Application and
Notice of Modified Procedure (Order No. 30997) submits the following comments.
BACKGROUND
On November 23,2009, Milennium Networks, LLC (Milennium) filed an Application
for a Certificate of Public Convenience and Necessity (CPCN) to provide telecommunications
services to residential and commercial subscribers in the State of Idaho.
Milennium states that the Company intends to provide voice over Internet protocol
(VoIP) telecommunications services to residential and commercial subscribers. Application at 1.
The Company states that it is a facilities-based provider that wil serve its customers from Soda
Springs, Idaho. Id
Milennium Networks is a limited liabilty company created under the laws of Wyoming
and is wholly owned by Silver Star Telephone Company, Inc. (Silver Star). The Company is
\
STAFF COMMENTS 1 FEBRUARY 25,2010
registered to do business in the State ofIdaho as a foreign limited liabilty company. Id. The
Company identifies Aaron Jenkins as its registered agent for service of process. Id at 2.
STAFF REVIEW
In its Application, Milennium states that it will compete with Qwest and has already
negotiated an interconnection agreement with the Company through its affiliate Silver Sta. In
addition to its affiiation with Silver Star, Milennium also holds 44% interest in Independent
Cable Systems of Idaho, LLC, located in Rockland, Idaho. Id at 2, 4.
Milennium maintains it has the necessary equipment in place to provide service
immediately after a CPCN is granted and will provide services to residential and commercial
subscribers in the form of VoIP telecommunications services. Id at 2. Applicant states that as a
wholly-owned subsidiary of Silver Star Telephone Company, Inc., it has the financial resources
to provide the proposed services. i
STAFF RECOMMENDATION
Staff has reviewed the Application for Milennium and believes the Company
understands and agrees to comply with Commission Rules of Procedure 111 (IDAP A
31.01.01.111) and Procedural Order No. 26665. Staff believes that the Company possesses the
requisite financial, managerial, and technical qualifications necessar to operate as a provider of
telecommunications service.
As of the date of these comments, the Federal Communications Commission (FCC) has
not made a determination of the regulatory status of interconnected VoIP services. Therefore, it
remains unclear whether fixed-location (non-nomadic) interconnected VoIP telecommunications
offerings curently are properly classified as telecommunications services or information services
under the definitions contained in the Telecommunications Act of 1934, as amended by the
Telecommunications Act of 1996. If the FCC were to make a determination that interconnected
VoIP offerings are information services or if the FCC were to preempt state regulation of all
VoIP services, no regulation of such services could lawflly be undertaken by this Commission.
However, absent such a classification by the FCC, Staff believes that approval of this
Application would be consistent with the Commission's obligation, under state and federal
i Silver Sta's 2007 and 2008 financial data is on fie with the Commission. Upon review, Staff affrms that Silver
Star's data demonstrates suffcient financial resources.
STAFF COMMENTS 2 FEBRUARY 25,2010
statutes, to promote competition for telecommunications services, including basic local exchange
service. Staff believes that, because interconnected fixed VoIP service is the fuctional
equivalent of circuit switched local exchange services, granting this Application for a CPCN
would encourage competition within Idaho. Staff, therefore, recommends Commission approval
of the Application for a Certificate of Public Convenience and Necessity subject to the following
conditions:
1. Compliance with the Number Pool Administration and Idaho Commission Order No.
30425 mandating number resource utilization forecast (NRUF) reporting requirements;
2. Contribution to the Idaho Universal Service Fund (USF), Idaho Telecommunications
Relay Service (TRS), Idaho Telephone Service Assistace Program (ITSAP), and any future
reporting requirements deemed appropriate for competitive telecommunications providers;
3. Upon approval of this Application, Milennium wil issue a final price list under Case
No. MNL-T-09-01, at which time a certificate wil be issued; and
4. The Company agrees that it will relinquish its certificate and any telephone numbers if
it is not doing business within one year of its issuance of a CPCN.
Respectfully submitted this ;iíl4 day of Februar 2010.
~r.,¿2 $..iR4-Kr e A. Sasser
Deputy Attorney General
Technical Staff: Grace Seaman
i:umisc:commentsmnlt09. i ksgs comments. doc
STAFF COMMENTS 3 FEBRUARY 25,2010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 25TH DAY OF FEBRUARY 2010,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. MNL-T-09-01, BY MAILING A COpy THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
MICHELLE MOTZKUS
LEGAL & REG ADMIN
MILLENNIUM NETWORKS LLC
PO BOX 226
FREEDOM WY 83120
Jo~
SECRETA
CERTIFICATE OF SERVICE