20120327Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
P0 BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BAR NO. 6864
RECEV
7012 MNR 21 PF 3: 16
I 1t
UT'JTE COMM
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF OPTIX MEDIA L.L.C. FOR A ) CASE NO. OML-T-12-01
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY )
) COMMENTS OF THE
) COMMISSION STAFF
)
The Staff of the Idaho Public Utilities Commission, comments as follows on Optix Media
L.L.C.'s Application for a Certificate of Public Convenience and Necessity ("CPCN").
BACKGROUND
On January 26, 2012, Optix Media applied for a CPCN pursuant to Idaho Code § § 61-
526 through -528 1 , IDAPA 31.01.01.111 (Rule 111), and Procedural Order No. 26665, to
provide competitive local exchange services in Idaho. Optix Media is an Idaho limited liability
company and lists its principal place of business as Chubbuck, Idaho. Optix Media 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. Application at 2.
Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code § 62-604(1 )(a), Optix Media is
exempt from Title 61 regulation.
STAFF COMMENTS 1 MARCH 27, 2012
STAFF ANALYSIS
In the Application, Optix Media says 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, d/b/a Big Dog Internet. Id. at 2.2 Optix Media plans to collocate in
the CenturyLink Pocatello Central Office to gain access to copper circuits to supply ADSL,
SDSL, and Ti's. Id. at 3. Further deployment will involve remote terminals throughout the
initial service territory of Pocatello, Blackfoot, Idaho Falls and Rexburg, Idaho. Id.
Optix Media says it and HJ LLC are separate companies with common ownership. Id. at
2. Optix Media is a new company and, therefore, includes the financial statements for HJ LLC.
Optix Media says it has reviewed the Commission's rules governing telecommunications
services in Idaho and commits to providing service in accordance with these rules. Id. at 4.
STAFF RECOMMENDATION
Staff has reviewed Optix Media's Application for a CPCN, and believes the Company
understands and agrees to comply with the Commission rules and requirements. Based on this
review, Staff believes Optix Media's filing fulfills the requirements of the Commission Rules
and Procedural Order No. 26665. Staff believes Optix Media possesses the requisite financial,
managerial, and technical qualifications necessary to operate as a provider of
telecommunications services. Staff, therefore, recommends approval of the Application for a
Certificate of Public Convenience and Necessity subject to the following conditions:
1.Optix Media complies with number pooling and reporting requirements of the North
American Numbering Plan Administrator, as set forth in Commission Order No. 30425;
2.Optic Media provides necessary reports, and contributes as appropriate to the Idaho
Universal Service Fun, Idaho Telecommunications Relay System, Idaho Telecommunications
Service Assistance Program, and complies with all future reporting requirements deemed
appropriate by the Commission for competitive telecommunications providers;
2 The Application mistakenly lists the affiliate as "MJ" LLC. Application Exhibit B shows the affiliate is "HJ" LLC.
STAFF COMMENTS 2 MARCH 27, 2012
3.Prior to issuance of the Certificate, Optic Media files a final price list with all its
rates, terms and conditions with the Commission;
4.Optic Media will relinquish its Certificate and all telephone numbers if, within one
year of issuance of a CPCN, the Company is not providing local exchange telecommunications
service in Idaho.
Respectfully submitted this 2 day of March 2012.
Neil PricePrice
Deputy Attorney General
Technical Staff: Grace Seaman
i:umise:comments/omlt 12.1 npgs comments
STAFF COMMENTS 3 MARCH 27, 2012
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 27TH DAY OF MARCH 2012,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. OML-T-12-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
BRAD McSPADDEN
OPTIX MEDIA LLC
4978 RAINBOW LANE
CHUBBUCK ID 83202
E-MAIL: [e-mail]
ji o
SECRETARY(
CERTIFICATE OF SERVICE