20130402final_order_no_32774.pdf

Office of the Secretary
Service Date
April 2, 2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF NEW HORIZONS 1
COMMUNICATIONS CORP.'S ) CASE NO. NHC-T-12-01
APPLICATION FOR A CERTIFICATE OF )
PUBLIC CONVENIENCE AND NECESSITY )
TO PROVIDE LOCAL EXCHANGE )
TELECOMMUNICATIONS SERVICES ) ORDER NO. 32774
)
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 ~daho.' On March 5, 2013, the Commission issued a Notice of Application and Notice of
Modified Procedure that solicited public input on the Application and set a March 26, 2013
comment deadline. See Order No. 32757. Commission Staff filed the only comments in the case
and supported the Company's Application.
Having reviewed the record, we grant the Company's Application for a CPCN as set
forth below.
THE APPLICATION
The Application states that 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.
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. ld. at 3. The Company says it has authority to provide
1 The Application attaches Exhibit Nos.: ( 1 ) Certificate of Incorporation, (2) Certificate of Authority to Transact
Business in Idaho, (3) Financial Information, (4) Service Area Map, and (5) an Illustrative Tariff. On January 23,
201 3, the Company replaced Exhibit No. 5 with a new tariff. On February 1 1, 20 13, the Company replaced page 3
of the Application, and also filed new pages 29 and 33 to the replacement tariff. On March 26, 201 3, the Company
again replaced page 3 of the Application. This Order addresses the Application as modified by these replacement
pages.
ORDER NO. 32774 1
interexchange telecommunications services, and that it intends to provide all forms 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 in 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.
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.
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.
THE COMMENTS
Staff reviewed the Company's Application for compliance with applicable legal
requirements for acquiring a CPCN, including RP 114, which specifies the information that a
CLEC must include in its application. Based on that review, Staff believes the Company
understands and agrees to comply with the Commission's rules and requirements. Staff also
believes the Company possesses the requisite financial, managerial, and technical qualifications
necessary to provide local exchange telecommunications services. Therefore, Staff
recommended the Commission issue a CPCN to the Company, subject to the following
conditions:
ORDER NO. 32774
1. The Company must comply with the number pooling and reporting
requirements of the North American Numbering Plan Administrator
(NANPA)?
2. The Company must comply with all reporting and contribution
requirements of Idaho's Universal Service Fund (USF; Idaho Code $ 62-
610; IDAPA 3 1.46.01), Telecommunications Relay Services (TRS)
program (Idaho Code ij 61-1304; IDAPA 31.46.02); and
Telecommunications Service Assistance (TSA) program (Idaho Code 8
56-904);"
3. The Company must comply with all future reporting requirements deemed
appropriate by the Commission for competitive telecommunications
providers.
DISCUSSION AND FINDINGS
Based on our review of the record, including the Company's Application and Staffs
comments, we find that the Company's Application complies with RP 114. Thus, we approve
the Company's Application for a CPCN to provide local exchange telecommunications services
within Idaho, subject to the following conditions: (1) the Company must comply with the
NANPA's number pooling and reporting requirements; (2) the Company must comply with all
reporting and contribution requirements of Idaho's USF, TRS program, and TSA program; (3)
the Company must comply with all future reporting requirements deemed appropriate by the
Commission for competitive telecommunications providers; (4) before the Commission issues
the CPCN, the Company must file a final price list with all rates, terms, and conditionq4 and (5)
the Company must relinquish its certificate and all telephone numbers if, within one year of the
issuance of a CPCN, the Company is not providing local exchange telecommunications services
in 1daho.'
2 See Commission Order No. 30425.
3 See Commission Order Nos. 32637,32524, and 32526.
4 See IDAPA 3 1 .01.0 1.133 and Commission Order No. 26665 at 10.
"'Basic local exchange service' means the provision of access lines to residential and small business customers
with the associated transmission of two-way interactive switched voice communication within a local exchange
calling area." Idaho Code 5 62-603(1).
ORDER NO. 32774
O R D E R
IT IS HEREBY ORDERED that the Company's Application for a CPCN is granted
subject to the above conditions.
THIS IS A FINAL ORDER. Any person interested in the 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. See Idaho Code rj 6 1 -
626.
2 A d DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of April 20 13.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
d~mmission Secretary
ORDER NO. 32774