20040520Comments.pdf

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WELDON B. STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3283
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UTiliTIES CO~1r~1!SSION
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
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-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Weldon B. Stutzman, Deputy Attorney General, in response to Order No.
29492, the Notice of Application and Notice of Modified Procedure in Case No. ORB-03-
issued on May 11 , 2004, and submits the following comments.
BACKGROUND
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
telecommunication 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. OrbitCom has filed a copy of its Certificate of Authority issued by the Idaho Secretary of
State.
STAFF COMMENTS MAY 20, 2004
The Company does not maintain an office in Idaho, but it does have a registered in-state
agent. OrbitCom submitted financial statements for the period ending September 2003. Staff has
reviewed these documents and believes the Company is solvent.
With this Application OrbitCom proposes to provide local exchange service and long
distance services focusing on business customers in areas served by Qwest Corporation. The
Company has not yet obtained an Idaho interconnection agreement with Qwest. OrbitCom did not
submit a service area map as part of its Application but asked that the Commission reference
Qwest's service area maps already on file at the Commission. OrbitCom s Application further
states that it will bill its customers directly with the Company name and contact information on
each invoice.
OrbitCom has been granted authority to provide local exchange service in several other
states including Colorado, Wyoming and Montana. The Company asserts that granting its
Application for a Certificate is in the public interest because OrbitCom s entry into the local
telecommunications services market will enhance competition in Idaho. OrbitCom also states that
it has reviewed the rules of this Commission and affirms its commitment to abide by them.
STAFF RECOMMENDATION
Staffhas reviewed the Application submitted by OrbitCom, Inc. and believes the Company
understands and agrees to comply with the Commission s rules and requirements. Based on this
review of OrbitCom s Application, Staff believes that the Company s filing has satisfied all the
requirements of the Commission s Rules and Procedural Order No. 26665. Therefore, Staff
recommends approval of the Application for Certificate of Public Convenience and Necessity.
Respectively submitted this 'l-o-tt--- day of May 2004.
Weldon B. ~tzman
Deputy Attorney General
Technical Staff: Doug Cooley
i:umisc/comments/orbtO3.1 wsdc
ST AFF COMMENTS MAY 20, 2004
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 20TH DAY OF MAY 2004
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. ORB-03-, BY MAILING A COpy THEREOF POSTAGE PREPAID, TO
THE FOLLOWING:
BRAD V ANLEUR
ORBITCOM INC
1701 N LOUISE AVE
SIOUX FALLS SD 57107
SECRET Ai
CERTIFICATE OF SERVICE