20120411final_order_no_32516.pdf

Office of the Secretary
Service Date
April 11,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF OPTIX MEDIA L.L.C.FOR A )CASE NO.OML-T-12-O1
CERTIFICATE OF PUBLIC )
CONVENIENCE AND NECESSITY )ORDER NO.32516
_____________________________________________________________________________________
)
On January 26,2012,Optix Media L.L.C.(“Optix Media,”or “Company”)filed an
Application,including a copy of its illustrative tariff,for a Certificate of Public Convenience and
Necessity (“CPCN”),pursuant to Idaho Code §61-526 through -528,1 IDAPA 3 1.01.01.111
(Rule 111),and Procedural Order No.26665,to provide competitive local exchange
telecommunications services in Idaho.
On March 6,2012,the Commission issued a Notice of Application and Modified
Procedure with a 21-day comment period.See Order No.32475.Commission Staff (“Staff’)
was the only party to submit written comments regarding Optix Media’s Application.
THE APPLICATION
Optix Media is an Idaho limited liability company organized on December 19,2011.
The Company lists its principal place of business as Chubbuck,Idaho.The Company is
registered with the Idaho Secretary of State and lists Brad McSpadden,7964 Prospector Hollow,
Pocatello,Idaho 83201,as its Idaho registered agent for service.
Optix Media states that it will operate as a facilities-based competitive local exchange
carrier (“CLEC”)and plans to negotiate an interconnection agreement with CenturyLink to
market services in conjunction with complementary services offered by its affiliate company HJ
LLC dba Big Dog Internet (“HJ”).
The Company indicates that it will initially offer optically-based dedicated point-to
point and point-to-multipoint services including Tl and Ethernet-based services to business class
customers.The Company plans to collocate in the CenturyLink Pocatello Central Office to gain
access to copper circuits to supply ADSL,SDSL,and Ti ‘s.Further deployment will involve
remote terminals throughout the initial service territory of Pocatello,Blackfoot,Idaho Falls,and
Rexburg.
ORDERNO.32516 1
STAFF COMMENTS AND RECOMMENDATION
Staff reviewed Optix Media’s Application and believes the Company understands and
has agreed to follow the Commission’s rules and procedures.According to Staff,the Company’s
filing comports with the requirements of the Commission Rules and Procedural Order No.
26665.Staff believes that Optix Media possesses the requisite financial,managerial,and
technical qualifications necessary to operate as a provider of telecommunications services.
Therefore,Staff recommended approval of Optix Media’s Application for a Certificate of Public
Convenience and Necessity subject to the following conditions:
1.The Company complies with number pooling and reporting requirement of
the North American Numbering Plan Administrator,as set forth in
Commission Order No.30425;
2.The Company provides all necessary reports and makes appropriate
contributions to the Idaho Universal Service Fund (IUSF),Idaho
Telecommunications Relay System (TRS),Idaho Telecommunications
Service Assistance Program (ITSAP),and complies with all future
reporting requirements deemed appropriate by the Commission for
competitive telecommunications providers;
3.Prior to issuance of the Certificate,Optix Media files a final price list with
all rates,terms,and conditions with the Commission;and
4.Optix Media agrees to relinquish its Certificate and all telephone numbers
if,within one year of issuance of a CPCN,the Company is not providing
local exchange telecommunications services in Idaho as defined by Idaho
Code §62-603(1).
COMMISSION DECISION
Based upon our review of Optix Media’s Application and the record in this case,
including Staff’s comments,the Commission finds that Optix Media’s filing comports with the
Commission’s Rules and Procedural Order No.26665.Thus,we approve Optix Media’s
Application for a Certificate of Public Convenience and Necessity,subject to certain conditions
more fully described below,to allow the Company to provide local exchange
telecommunications services in the State of Idaho.
ORDERNO.32516 2
ORDER
IT IS HEREBY ORDERED that the Application of Optix Media L.L,C,for a
Certificate of Public Convenience and Necessity to provide local exchange telecommunications
services within the state of idaho is granted.
IT IS FURTHER ORDERED that Optix Media’s Certificate of Public Convenience
and Necessity shall be subject to the following conditions:(1)compliance with the Number Pool
Administrator and Order No.30425 mandating number resource utilization forecast (NRUF)
reporting;(2)contribution to the Idaho Universal Service Fund,Idaho Telecommunications
Relay System (TRS),Idaho Telephone Assistance Program (ITSAP)and any future reporting
requirements deemed appropriate for competitive telecommunication providers;(3)filing a final
and complete price list with the Commission containing all of its rates,terms and conditions;and
(4)the Company shall relinquish its certificate and any telephone numbers if within one year of
the issuance of a CPCN in this case,the Company is not offering local exchange
telecommunications services in Idaho..
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.
ORDER NO.32516 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 1/
day of April 2012.
ATTEST:
JLi
MACK A.REDFORD,1MSIONER
MARSHA H.SMITH,COMMISSIONER
Jan D.Jewef
COmmission Secretary
O:OML-T-1 1-Olnp2
ORDER NO.32516 4