20040601Comments of ITA.pdf

Conley E. Ward (ISB #1683)
Michael C. Creamer (lSB #4030)
GIVENS PURSLEY LLP
601 West Bannock Street
O. Box 2720
Boise, Idaho 83701-2720
Telephone: [phone]
Facsimile: 208-388-1300
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S:\CLIENTS\1233\188\Comments on OrbitCom Application.DOC
Attorneys for Idaho Telephone Association
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-03-
COMMENTS OF IDAHO TELEPHONE
ASSOCIATION
Idaho Telephone Association ("ITA"), through its attorneys Givens Pursley LLP, on
behalf of its member independent local exchange carriers, and pursuant to IDAP A 31.01.01.203
and Commission Order 29492, hereby submits Comments on the above-captioned Application of
OrbitCom, Inc. ("OrbitCom
CO MMENTS
The independent local exchange carries on whose behalf IT A submits these
Comments currently are the exclusive providers of basic local exchange service within their
respective service areas pursuant to Certificates of Public Convenience and Necessity issued by
the Idaho Public Utilities Commission ("Commission
OrbitCom s Application proposes to offer facilities-based local and long distance
telecommunications services to customers in Idaho via unbundled network elements, specifically
the unbundled network elements platform, and resold service of incumbent local exchange
carriers. OrbitCom intends to market all forms of switched and dedicated telecommunications
COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 1
services, including data and Internet services. OrbitCom intends to initiate an interconnection
agreement with Qwest Corporation.
Each of ITA's member local exchange carriers meet the definitions of a
Common Carrier
" "
Telecommunications Carrier" and "Rural Telephone Carrier" under the
Federal Telecommunications Act of 1996 ("1996 Act"
OrbitCom has not made a bona fide request to ITA's members for
interconnection, services or network elements.
Although OrbitCom s Application indicates that the initial scope of its Idaho
operations will be pursuant to its interconnection with Qwest, it also recites OrbitCom s intent to
provide competitive local exchange services statewide. Therefore, any grant of certificate
authority to OrbitCom should be made expressly subject to the exemption of ITA members from
the obligations of incumbent local exchange carriers under section 251 (c) of the 1996 Act, until
such time as the requirements for lifting such exemption contained in section 251 (f) of the 1996
Act have been met.
Respectfully submitted this 1 st day of June 2004.
Conley E. Ward
Michael C. Creamer
Attorneys for Idaho Telephone
Association
COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 2
CERTIFICATE OF SERVICE
I hereby certify that on this 1 st day of June 2004, I caused to be served a true and correct
copy of the foregoing by the method indicated below, and addressed to the following:
s. Mail
pcsimile
Hand Delivery
Overnight Mail
~S. Mail
Facsimile
Hand Delivery
Overnight Mail
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83720-5983
Brad VanLeur
OrbitCom, Inc.
1701 N. Louise Avenue
Sioux Falls, SD 57107
Michael C. Creamer
COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 3