20040607Final Order No 29516.pdf

Office of the Secretary
Service Date
June 7, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF ORBITCOM, INC. FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND
NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS SERVICES.
CASE NO. ORB-O3-
ORDER NO. 29516
On November 24, 2003 , OrbitCom, Inc. filed an Application for a Certificate of
Public Convenience and Necessity to provide facilities-based local exchange and interexchange
telecommunications services within the State of Idaho. OrbitCom is a privately held corporation
formed under the laws of the State of South Dakota and operates from its headquarters in that
State. On May 11 2004, the Commission issued a Notice of Application and Notice of Modified
Procedure to process OrbitCom s Application.
Staff reviewed the Application filed by OrbitCom and filed written comments. Staff
noted that OrbitCom intends to provide local exchange service and long-distance services only to
areas served by Qwest Corporation. OrbitCom has been granted authority to provide local
services in other states including Colorado, Wyoming and Montana. Staff reviewed the financial
information provided by the Company and believes the Company is solvent. Staff stated the
Company s filing satisfies the requirements of the Commission s Rules and Procedural Order
No. 26665 that sets forth the filing requirements for a CPCN for competitive local exchange
carriers. Staff recommended the Commission approve the Application of OrbitCom, Inc. for a
Certificate of Public Convenience and Necessity.
Written comments were also filed by the Idaho Telephone Association. As it has in
other cases where CLECs are requesting authority to provide services throughout the state, ITA
recommended the Order approving the Certificate to QCC recognize the exemption of rural
telephone carriers from the obligations of incumbent local exchange carriers under Section
251(c) of the 1996 Telecommunications Act.
The Commission finds that OrbitCom has satisfied all the requirements of the
Commission s Rules and Procedural Order No. 26665 setting forth the requirements for an
application for a Certificate of Public Convenience and Necessity. The Commission therefore
ORDER NO. 29516
approves the Application of OrbitCom, Inc. If the Company makes a bona fide request for
interconnection with rural telephone company, Section 251(f)(1 )(B) of the
Telecommunications Act requires that notice of its request be submitted to the Commission.
ORDER
IT IS HEREBY ORDERED that the Application of OrbitCom, Inc. for a Certificate
of Public Convenience and Necessity is granted to enable the Company to provide basic local
exchange services within the State of Idaho. Furthermore, this grant of a CPCN to OrbitCom is
subject to the exemption of rural telephone carriers, if applicable, from the obligations of
incumbent local exchange carriers under Section 251 (c) of the 1996 Act, until such time as the
requirements for lifting the exemption have been met.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. ORB- T -03-
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 or in interlocutory Orders previously issued in
this Case No. ORB- T -03-1. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code g 61-
626.
ORDER NO. 29516
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this -fA
day of June 2004.
MARSHA H. SMITH, COMMISSIONER
, COMMISSIONER
ATTEST:
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bls/O:ORBTO301 ws2
ORDER NO. 29516