20090813final_order_no_30879.pdf

Office of the Secretary
Service Date
August 13, 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF NEUTRAL TANDEM-IDAHO, LLC
FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE
TELECOMMUNCATIONS SERVICES.
ORDER NO. 30879
CASE NO. NTM-08-
On November 20, 2008, Neutral Tandem-Idaho , LLC (Neutral Tandem) filed an
Application for a Certificate of Public Convenience and Necessity (CPCN) to provide resold and
facilities-based local exchange services to and from all points in the State of Idaho. Specifically,
the Company proposes to offer local telecommunications services to business customers.
THE APPLICATION
Neutral Tandem seeks authority to provide all forms of local exchange and
interexchange services throughout Idaho. The Company intends to deploy its own switching
platform facilities in collocated sites throughout Idaho and lease fiber optic facilities. The
Company maintains that where it lacks facilities or where customer demand warrants, Neutral
Tandem intends to resell the services of the underlying carrier.
The Company anticipates providing service in areas currently served by Qwest. The
Company does not plan to provide service to areas served by small or rural local exchange
carrIers.
The Company does not intend to collect deposits or require advance payments from
customers.
Neutral Tandem is organized under the laws of the State of Delaware, and registered
as a foreign limited liability company in the State of Idaho. Although the Company does not
have an office located in Idaho, its registered agent for service of process is listed as Corporation
Service Company, located in Boise.
STAFF COMMENTS
Staff reviewed the Application and believes the Company understands and agrees to
comply with Commission rules and requirements. Furthermore, the information contained in the
Application satisfies the Commission s rules and requirements. See Procedural Order No.
26665; IDAPA 31.01.01.111.
ORDER NO. 30879
Staff believes that the Company possesses the requisite financial, managerial, and
technical qualifications necessary to operate as a provider of telecommunications services. Staff
therefore, recommended approval of the Application for a Certificate of Public Convenience and
Necessity subject to the following: (1) compliance with the Number Pool Administrator 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 Assistance Program
(ITSAP), and any future reporting requirements deemed appropriate for competitive
telecommunications providers; (3) upon CPCN approval, filing a final and complete price list
with the Commission containing all of its rates, terms and conditions and (4) the Company
agrees to relinquish its certificate and any telephone numbers if it is not doing business within
one year of its CPCN issuance.
COMMISSION FINDINGS
Based on our review of the filing and the record in this case, the Commission finds
that the Company s filing satisfies the requirements of the Commission s Rules and Procedural
Order No. 26665. Thus, we approve Neutral Tandem s Application for a Certificate of Public
Convenience and Necessity to allow the Company to provide telecommunications services
within the State of Idaho subject to compliance with the Number Pool Administrator;
contribution to the USF, TRS , and ITSAP; any future reporting requirements deemed
appropriate; and relinquishment of its certificate and telephone numbers if the Company is not
doing business within one year of its CPCN issuance.
ORDER
IT IS HEREBY ORDERED that Neutral Tandem-Idaho, LLC, is granted a
Certificate of Public Convenience and Necessity to provide competitive telecommunications
services within the State ofIdaho as conditioned in the body of this Order.
IT IS FURTHER ORDERED that Neutral Tandem-Idaho, LLC, file a final and
complete price list with the Commission containing all of its rates, terms and conditions no later
than fourteen (14) days from the service date of this Order.
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 with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
ORDER NO. 30879
reconsideration, any other person may cross-petition for reconsideration. Idaho Code ~~ 61-626
and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /3
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day of August 2009.
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. KEMPTON SIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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D. J well
mISSIOn Secretary
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ORDER NO. 30879