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HomeMy WebLinkAbout20141112final_order_no_33176.pdfOffice of the Secretary Service Date November 12.2014 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF MOBILITIE,LLC TO REGISTER AS A )CASE NO.MOB-T-14-O1 WHOLESALE TELECOMMUNICATIONS ) PROVIDER IN IDAHO )ORDER NO.33176 ________________________________________________________________________________________________ ) On September 26,2014,Mobilitie,LLC filed an Application with the Commission, pursuant to Procedural Order No.32277 and IDAPA 31.01.01.114,for registration or certification as a wholesale provider of telecommunications service in the State of Idaho.The Commission issued a Notice of Application and Notice of Modified Procedure with a 21-day comment period.Order No.33153.Commission Staff was the only party to file written comments.The company did not reply. THE APPLICATION Mobilitie is a Nevada limited liability company and lists its principal place of business as Newport Beach,California.Id.In June 2014,Idaho’s Secretary of State certified that Mobilitie was and continues to be authorized to transact business in Idaho since its August 2010 request for such authorization.Id.,Exhibit 2.Mobilitie lists CT Corporation System,921 S.Orchard Street,Suite G,Boise,Idaho 83705,as its registered agent in Idaho.Id.at 1-2. Mobilitie “has not yet initiated interconnection negotiations,but intends to do so as necessary and upon being granted authority by the Commission.”Id.at 3.Mobilitie “agrees to comply with all Idaho laws and Commission rules and regulations,”and is committed to “numbering conservation measures including mandatory one thousand (1,000)block pooling.” Id.at 3-4. STAFF COMMENTS Staff reviewed Mobilitie’s Application and believes that the Company understands Commission Rule of Procedure 114 and Order No.32277.Comments at 2.Staff also believes that Mobilitie possesses the requisite financial,managerial,and technical qualifications necessary to operate as a provider of telecommunications services.Id.Staff recommended the Commission approve Mobilitie as a registered wholesale communications provider subject to the following conditions: ORDER NO.33176 1 Mobilitie shall comply with number pooling and requirements of the North American Numbering Plan Administrator,as set forth in Commission Order No.30425. 2.Mobilitie shall provide necessary reports,and contribute as appropriate to the Idaho Universal Service Fund,Idaho Telecommunications Relay System,and Idaho Telecommunications Service Assistance Program;and 3.Mobilitie shall comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers. COMMISSION FINDINGS AND DECISION In 2011,the Commission investigated whether to adopt a “certification process . for Title 62 telecommunications providers that do not provide basic local exchange service.” Order No.32277 at 2.After considering comments and recommendations from several telecommunications companies operating in Idaho,the Commission determined it necessary to establish a “registration or certification process for telecommunications companies that do not provide basic local exchange service,as defined by state law.”Id.at 8.The Commission concluded such process would “enable those companies to access important rights or privileges identified in the federal Telecommunications Act as they enter the telecommunications markets in Idaho.”Id.Accordingly,the Commission held that telecommunications companies “that do not intend to provide basic local exchange service but request Commission registration may file an application pursuant to Rule 114,with minor modification to eliminate information required by the Rule relating to retail basic local exchange service.”Id.“A company that completes the application process as required in Rule 114,Section[s]1 and ...5 through 8,will be recognized by the Commission as having successfully registered as a wholesale provider of telecommunications services in Idaho.”Id. The Commission has reviewed and considered the record in this case,including Mobilitie’s Application and attached exhibits,and Staff comments.The Commission finds that Mobilitie is a wholesale telecommunications provider and has demonstrated a willingness and commitment “to adhere to number pooling and reporting requirements to assist the Commission in preserving numbers.”See Id.at 8.The Commission further finds that Mobilitie’s Application comports with Commission Rule of Procedure 114 and Order No.32277.The Commission thus ORDERNO.33176 approves Mobilitie’s Application for registration or certification as a wholesale telecommunications provider in Idaho,subject to the conditions specified above. ORDER IT IS HEREBY ORDERED that the Commission approves the Application of Mobilitie,LLC for registration/certification as a wholesale telecommunications provider in Idaho. FE IS FURTHER ORDERED that Mobilitie’s certification shall be subject to the following conditions:(1)comply with all number pooling and reporting requirements of the North American Numbering Plan Administrator,as set forth in Commission Order No.30425; (2)provide all necessary reports and contribute as appropriate to the Idaho Universal Service Fund,Idaho Telecommunications Relay System,and the Idaho Telecommunications Service Assistance Program;and (3)comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers. 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.Within seven (7) days after any person has petitioned for reconsideration,any other person may cross-petition for reconsideration.See Idaizo Code §61-626. ORDER NO.33176 3 DONE by Ordei of the Idaho Public Utilities Commission at Boise Idaho this day of November 2014 /••\ / ATTEST: Jean D.Jewel! Commission Secretary (.):MOB-T-14-01 1102 MACK A.REDFORD,COMMISSIONER MARSI-IA H.SMITH,COMMISSIONER PAUL KJ PRESIDENT ORDERNO.33176 4