20131230final_order_no_32955.pdf

Office of the Secretary
Service Date
December 30,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF BCN TELECOM,)
INC.’S APPLICATION FOR A )CASE NO.NUI-T-13-O1
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY TO PROVIDE )
FACILITIES-BASED AND RESOLD LOCAL )ORDER NO.32955
EXCHANGE SERVICES )
On August 6,2013,BCN TELECOM,INC.(“Company”)applied to the Commission
for a Certificate of Public Convenience and Necessity (“CPCN”)authorizing the Company to
provide facilities-based and resold local exchange and interexchange telecommunications
services in Idaho.On October 15,2013,the Company supplemented its Application with
additional information.’
On November 27,2013,the Commission issued a Notice of Application and Notice
of Modified Procedure that solicited public input on the Application and set a June 19,2013
comment deadline.See Order No.32931.Commission Staff filed the oniy comments in the case
and supported the Company’s Application.
Having reviewed the record,the Commission approves the Company’s Application
for a CPCN as set forth below.
THE APPLICATION
In its Application,the Company says it is a New Jersey corporation that is authorized
to do business in Idaho.Its principal place of business is in Bedminster,New Jersey.The
Company is wholly owned by Telecom Acquisition Company,LLC.Application at 2-3.
The Company proposes to provide resold and facilities-based local exchange services
throughout Idaho in the territories of Qwest.The Company has no plans to build facilities.It
will market services to business and residential customers,and it intends to provide those
services using other facilities-based carriers’services and facilities or by obtaining access to
incumbent local exchange carriers’UNE-Platform.The Company would offer services
including,without limitation,two-way local lines/trunks,direct inward/outward dialing options,
local calling,and access to 911 emergency services.Id.at 1.It proposes to offer all forms of
intrastate telecommunications services including:(1)basic residential exchange services (local
This Order refers to the Company’s Application,as supplemented,as the “Application.”
ORDER NO.32955 1
exchange flat rate,measured rate service,and operator assistance);(2)residential custom class
features (call waiting,Caller ID,call forwarding,etc.);(3)adjunct provider features (voice
message,etc.);and (4)residential ancillary services (911,directory listing,directory assistance,
etc.).The Company will provide a toll-free customer service telephone number Monday-Friday
from 8 a.m.to 6 p.m.Id.at 4.
The Company says it owns no property related to the services it would offer in Idaho.
It intends to offer service in the geographic areas currently served by Qwest Communications,
and it will mirror the basic local calling areas of the incumbent local exchange companies.The
Company proposes to provide resold and facilities-based local exchange services through a
combination of its own facilities or leased facilities,or both,and the resale of other carriers’
facilities and network elements.It would compete with other certificated local competitive local
exchange carriers in Idaho.Id.at 5.
The Company plans to enter interconnection and service arrangements with Qwest
Corporation or other certificated facilities-based carriers.Id.at 4.It has not yet started to
negotiate these agreements but intends to start them with Qwest in the near future.Id.at 6.The
Company says it would offer service upon certification and approval of the interconnection
agreements.Id.at 5.
The Company’s Application describes its management team’s background and
experience.The Company also provides financial information to support its Application.
Proposed tariffs are also included.
The Company says it has reviewed and will comply with the Commission’s rules.Id.
at6.
THE COMMENTS
Staff reviewed the Company’s Application to ensure it satisfied the requirements for
obtaining a CPCN,including RP 114 (specifying the information to be included in a CPCN
application).Based on that review,Staff believes the Company’s filing satisfies the
Commission’s requirements for the issuance of a CPCN.Staff believes the Company
understands and will 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.Staff thus recommended the
Commission issue a CPCN to the Company,subject to the following conditions:
ORDER NO.32955 2
1.The Company must comply with the number pooling and reporting
requirements of the North American Numbering Plan Administrator
(NANPA).2
2.The Company must comply with all reporting and contribution
requirements of Idaho’s Universal Service Fund (USF;Idaho Code §62-
610;IDAPA 31.46.01),Telecommunications Relay Services (TRS)
program (Idaho Code §61-1304;IDAPA 31.46.02);and
Telecommunications Service Assistance (TSA)program (Idaho Code §
56-904);
3.The Company must comply with all future reporting requirements that the
Commission deems appropriate for competitive telecommunications
providers;
4.The Company must file a final price list with all its rates,terms,and
conditions with the Commission before the CPCN will issue;and
5.The Company must relinquish its CPCN and all telephone numbers if,
within one year of the issuance of a CPCN,the Company is not providing
basic local exchange service in Idaho.4
DISCUSSION AND FINDINGS
Based on our review of the record,including the Company’s Application and Staffs
comments,we find the Company’s Application complies with RP 114.We thus approve the
Company’s Application for a CPCN to provide local exchange telecommunications services in
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 that the Commission deems
appropriate for competitive telecommunications providers;(4)the Company must file a final
price list with all its rates,terms,and conditions before the CPCN will issue;and (5)the
Company must relinquish its CPCN and all telephone numbers if the Company is not providing
local exchange telecommunications services in Idaho within one year after the CPCN issues.
2 See Commission Order No.30425.
See Commission Order Nos.32637,32524,and 32526.
“‘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 §62-603(1).
ORDER NO.32955 3
ORDER
IT IS HEREBY ORDERED that the Company’s Application is approved and the
Company shall be issued a CPCN 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 §61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of December 2013.
JELLA’R,PRESIDENT
MACK A.REDFOaD,CO1MISSIONER
J
MARSHA H.SMITH,COMMISSIONER
ATTEST:
11L 4
/hn D.Jew
Commission Secretary
O:NUI-T-1 3-OIkk2
ORDER NO.32955 4