HomeMy WebLinkAbout20220615Final_Order_No_35430.pdfORDER NO. 35430 1
Office of the Secretary
Service Date
June 15, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
On January 18, 2022, Oregon Telephone Corporation (“Company”) applied for a
Certificate of Public Convenience and Necessity (“CPCN”) to provide wholesale transport, retail
broadband, Voice over Internet Protocol (“VoIP”) service, and local exchange services in Idaho.
On February 11, 2022, the Company filed an Amended Application (“Amended
Application”) to provide more information not included in its initial application.
On March 9, 2022, the Commission issued Notice of Application and Notice of
Modified Procedure and set deadlines for public comments and for the Company to reply.
On March 30, 2022, Staff filed the only comments in this case.
On April 21, 2022, the Company filed a Supplement to its Amended Application which
included a copy of its Idaho Foreign Registration filing, and an Oregon Supplemental Articles of
Incorporation Certificate.
On June 6, 2022, the Company filed a Supplemental Filing which included a map of its
proposed service area in Idaho along with a short narrative regarding the service offering and
service territory proposed by the Company.
Having reviewed the record, the Commission issues this Order approving the
Company’s Application as follows.
THE AMENDED APPLICATION
The Company is an Oregon corporation authorized to do business in Idaho as a foreign
corporation. Application at 1; Exhibit 2. The Company planned to “provide wholesale transport
along with retail broadband and local exchange services” throughout Idaho. Id. at 1-3. The
Company filed confidential financial statements. Id. at 3; Exhibit 3. The Company stated it would
file a proposed price list but that broadband services and VoIP services would be provided on a
de-tariffed basis with rates, and terms and conditions posted on its website (otcconnections.net).
Id. at 3. The Company asserted it would comply with all applicable Commission rules. Id.
IN THE MATTER OF OREGON
TELEPHONE CORPORATION’S
APPLICATION FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
TO PROVIDE LOCAL EXCHANGE
SERVICES WITHIN THE STATE OF IDAHO
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CASE NO. ORT-T-22-01
ORDER NO. 35430
ORDER NO. 35430 2
STAFF COMMENTS
Staff recommended the Commission approve the Amended Application. After
reviewing the Company’s Application and Amended Application, Staff believed the Company
possessed the requisite financial, managerial, and technical qualifications to provide
telecommunication services, and believed the Company understood the Commission’s rules and
requirements related to the provision of telecommunication services in Idaho. Therefore, Staff
recommended approval of the Amended Application, subject to five conditions. The Company
must: 1) comply with the North American Number Plan Administrator requirements; 2) comply
with all reporting and contribution requirements prescribed by the Idaho Universal Service Fund,
Idaho Telecommunications Relay System, and Idaho Telecommunications Service Assistance
Program, and all future reporting requirements deemed appropriate by the Commission for
competitive telecommunications providers; 3) file with the Commission a final price list outlining
its rates, terms, and conditions before issuance of its CPCN; 4) provide the Commission with three
reports during the next twelve months, indicating the number of basic local exchange customers it
has and the services being offered; and 5) recognize that if the Company is not providing basic
local exchange service by the time the third report is due, the Commission by its own motion will
revoke the Company’s CPCN.
DISCUSSION AND FINDINGS
Based on our review of the record, we find that the Company’s Amended Application
complies with the requirements to obtain a CPCN. Rule 114 sets the requirements that competitive
local exchange carriers—such as the Company—must satisfy to obtain a CPCN. IDAPA
31.01.01.114. We find that the Company has satisfied Rule 114. The Company has provided all
needed information in its Amended Application, including financial information. The Company
also has the financial, managerial, and technical qualifications needed to operate as a
telecommunications service provider, and it has reviewed and agreed to comply with this
Commission’s rules. We thus find it reasonable to approve the Company’s Amended Application
for a CPCN, subject to these conditions:
1) The Company must comply with North American Number Plan Administrator
requirements, as outlined in Commission Order No. 30425.
2) The Company must comply with all reporting and contribution requirements
prescribed by the Idaho Universal Service Fund, Idaho Telecommunications Relay
ORDER NO. 35430 3
Services, and Idaho Telecommunications Service Assistance Program, and all
future reporting requirements deemed appropriate by the Commission for
competitive telecommunications providers.
3) Before issuance of its CPCN, the Company must file with the Commission a final
price list outlining its rates, terms, and conditions.
4) The Company must provide three reports to the Commission indicating the number
of basic local exchange customers it has and the services being offered. These
reports will be due on: October 3, 2022; February 1, 2022; and June 1, 2023. If the
Company fails to timely provide any of these reports, the Company shall relinquish
its CPCN and all telephone numbers it has been assigned or the Commission will
by its own motion revoke the Company’s CPCN.
5) If the Company is not providing basic local exchange service by the time the third
report is due, the Commission by its own motion will revoke the Company’s CPCN.
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ORDER NO. 35430 4
O R D E R
IT IS HEREBY ORDERED that the Company’s Amended Application for a CPCN is
granted subject to the conditions outlined above.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of 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 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 15th day
of June 2022.
ERIC ANDERSON, PRESIDENT
JOHN CHATBURN, COMMISSIONER
JOHN R. HAMMOND JR., COMMISSIONER
ATTEST:
Jan Noriyuki
Commission Secretary
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