20070703Comments.pdf

WELDON B. STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3283
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
MY TEL CO, INc. FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE SERVICES IN
THE STATE OF IDAHO
CASE NO. MTC-O6-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of Record, Weldon B. Stutzman, Deputy Attorney General, and responses to the Notice
of Application and Notice of Modified Procedure in Case No. MTC- T -06-1 issued in Order No.
30339 on June 12 2007.
BACKGROUND
On October 3, 2006, My Tel Co, Inc. filed an Application for a Certificate of Public
Convenience and Necessity to provide local and interexchange telecommunications services to
residential and small business customers in the Qwest service territories within the State of
Idaho. The Application states the Company s parent corporation, Cordia Communications
Corporation, will provide the facilities that will be used on a resell basis for My Tel Co
network to provide telecommunications services. Cordia is a competitive local exchange carrier
in the State ofIdaho and operates using Qwest's network. My Tel is a wholly-owned subsidiary
of Cordia Corporation.
STAFF COMMENTS JULY 3 , 2007
My Tel has a Certificate of Incorporation from the-State of New York dated June 13 2002
and a Certificate of Authority from the State ofIdaho dated September 5, 2006. The Company
principal place of business is in White Plains, New York. My Tel has provided financial
information and the appropriate contact information for its registered agent for service of process
within Idaho.
STAFF ANALYSIS
Staff reviews all requests for a telecommunications CPCN certificate pursuant to Idaho
Code 99 61-526 through-528, IDAPA 31.01.01.111 and 112 (Rules 111 and 112), and
Procedural Order No. 26665. To obtain a CPCN, an Applicant must provide the Commission
with the following information: (1) name, address, and form of business; (2) the date on which
the Applicant proposes to begin construction or anticipates that it will provide service, including
a written description of customer classes and services proposed to be offered; (3) the proposed
service territory; (4) certain financial information; (5) maps regarding the proposed service area;
(6) a proposed initial tariff and price sheets; (7) contact information; (8) interconnection
agreements if any; (9) an agreement to comply with the Commission s Rules; and (10) an escrow
account with a bonded escrow agent if the company requires advanced deposits from its
customers. Order No. 26665.
Following its filing in October 2006, Staff and the Company worked on many changes to
bring the Application and Illustrative Tariff into compliance with Idaho Code and the
Commission s Customer Relations Rules. Many of the changes required that the Company
clarify its underlying affiliated carrier, locate a registered agent within Idaho, update customer
contact information for the Consumer division, as well as clarifying 91llanguage so that it
longer contained limitation of liability language. The Company had many personnel changes
which resulted in a longer revision process. The Company has explicitly indicated that it will
comply with all of the Commission s rules and Idaho Statutes.
The Company is seeking a waiver of the Commission s requirement in Order No. 26665
to establish an escrow account for deposits. The Company has stated that it does not require
advance deposits from its customers.
STAFF COMMENTS JULY 3 , 2007
STAFF RECOMMENDATION
Based on its review of the Application, Staff recommends approval of the Application for
a Certificate with a waiver of the escrow account requirement. In the future, should the
Company decide to collect deposits, it must comply with the escrow requirement as well as the
Commission s rules for interest on deposits.
Respectfully submitted this day of July 2007.
Weldon B. Stutzman
Deputy Attorney General
Technical Staff:Carolee Hall
i:uumisc/comments/mtctO7 ,I wsch
STAFF COMMENTS JULY 3 , 2007
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 3RD DAY OF JULY 2007 SERVED
THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN CASE
NO. MTC-06-, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
CLAUDE ABBEW
MY TEL CO INC
445 HAMILTON AVE, SUITE 408
WHITE PLAINS NY 10601
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SECRETARY
CERTIFICATE OF SERVICE