20130305notice_of_application_order_no_32757.pdf

Office of the Secretary
Servlce Date
March 5, 20 13
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF NEW HORIZONS )
COMMUNICATIONS CORP.'S ) CASE NO. NHC-T-12-01
APPLICATION FOR A CERTIFlCATE OF )
PUBLIC CONVENIENCE AND NECESSITY ) NOTICE OF APPLICATlON
TO PROVlDE LOCAL EXCHANGE 1
TELECOMMUNlCATlONS SERVICES ) NOTICEOF
) MODIFIED PROCEDURE
)
) OFCDER NO. 32757
On September 28, 2012, New Horizons Communications Corp. (the "Company")
applied to the Commission for a Certificate of Public Convenience and Necessity (CPCN)
authorizing it to provide resold and facilities-based local exchange telecommunications services
in Idaho.' With this Order, the Commission summarizes the Application, solicits public input on
the Application, and orders that the case be processed under the Commission's Rules of
Modified Procedure.
NOTICE OF APPLlCATlON
YOU ARE HEREBY NOTIFIED that according to the Application, the Company is a
Delaware corporation with principal offices in Lexington, Massachusetts. The Company has no
Idaho offices, but it has a registered agent in Idaho. The Application lists the Company's
officers and directors and provides an address at which they can be reached. The Application
indicates that the Company does not own or control any subsidiaries. The Application also says
that no corporation, association, or organization holds a 5% or greater ownership or managerial
interest in the Company. See Application at 1-3 and Exh. 1 and 2.
YOU ARE FURTHER NOTIFIED that the Company says it intends to initially offer
resold local exchange services and buy unbundled network elements provided by existing local
exchange carriers ("LECs") CenturyTel North and CenturyTel South. Id. at 3. The Company
says it has authority to provide interexchange telecommunications services, and that it intends to
1 The Application attaches Exhibit Nos 1) Certtficate of Incoi-poratlon, 2) Certificate of Authority to Transact
Business in Idaho, 3) Ftnancial Infoimation, 4) Service Area Map, and 5) an Illustrative Tariff. On January 23,
2013, the Company replaced Exhibit No. 5 with a new tartff. On Febiuary 11, 2013, the Company replaced page 3
of the Applicat~on, and also filed new pages 29 and 33 to the replacement tariff. This Order refers to these
documents collectively as the "Appltcatton."
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32757
provide all forrns of intrastate local exchange telecommunications services. Id. at 3-4. The
Company says it has no plans to install facilities in Idaho, but that it may do so ill the future. Id.
at 3. If it does, it likely would provide voice and high-speed data services through a combination
of switching and transport media. The switching system would include a central processing and
control complex that can interconnect as a peer to both incumbent and competitive LECs. Id. at
4. The switch's hub would interconnect with the public switched network on Signaling System 7
or Feature Group D facilities. The system's remote module capability would allow the Company
to serve properties and exchange signaling, control and calling/caller information to the network
per network standards and specifications. The Company would also deliver these services using
a combination of delivery mechanisms through incumbent LECs' unbundled loop network,
copper and fiber and transport networks, and via Company-constructed facilities. Id.
YOU ARE FURTHER NOTIFIED that the Company proposes to serve areas that are
served by incumbent LECs that are ineligible for a small or rural carrier exemption. Id. at 4.
The Company's Application includes a map of the Company's proposed territory. Id. at 5, Exh.
4.
YOU ARE FURTHER NOTIFIED that the Company says it has initiated
interconnection negotiations with Qwest. Id. at 6. The Company says it will file its proposed
tariff and begin providing service once it has finalized its interconnection agreements and
received its CPCN. Id. at 5. The Company says it has reviewed and will comply with all
Commission rules. Id. at 3.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission's Rules
of Procedure, IDAPA 3 1 .O1 .01.201 through .204. The Commission notes that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21) days from the service date of this Notice. The comment must contain a
statement of reasons supporting the comment. Persons desiring a hearing must specifically
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32757 2
request a hearing in their written comments. Written comments concerning this Application
shall be mailed to the Commission and the Applicant at the addresses reflected below:
Commission Secretary Lance J.M. Steinhart, P.C.
Idaho Public Utilities Commission 1725 Windward Concourse
PO Box 83720 Suite 150
Boise, ID 83720-0074 Alpharetta, Georgia 30005
E-mail: [e-mail]
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-591 8
These comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments via e-mail may do so by accessing the
Commission's home page located at www.puc.idaho.~ov. Click the "Comments and Questions"
icon, and complete the comment form, using the case number as it appears on the front of this
document. These comments must also be sent to the Applicant at the e-mail address listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set, the Commission will consider this matter on its merits and
enter its Order without a formal hearing. If written comments are received within the time limit
set, the Commission will consider them and, in its discretion, may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIEII that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices. The Application is also available on the Commission's web site at
www.puc.idaho.~ov by clicking on "File Room" and then "Telephone Cases."
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission's jurisdiction under Title 62 of the Idaho Code. The Commission
may enter any final Order consistent with its authority under Title 62 and Commission Rule of
Procedure 114, IDAPA 31.01.01.114.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission's Rules of Procedure, IDAPA 3 1.0 1 .01.000 et seq.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32757
O R D E R
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure. Persons interested in submitting written comments regarding this case or protesting
the use of Modified Procedure should do so no later than 21 days from the service date of this
Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 5 PA
day of March 20 13.
PAUL KJELLANDER, PRESIDENT
MACK A. REDFORD, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
NOTICE OF APPLICA'TION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32757