20120619final_order_no_32576.pdf

Office of the Secretary
Service Date
June 19,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF ONVOY,INC.DBA ONVOY VOICE )CASE NO.OVS-T-12-02
SERVICES FOR A REGISTRATION!)
CERTIFICATION AS A WHOLESALE )
PROVIDER OF TELECOMMUNICATIONS )ORDER NO.32576
SERVICES )
On April 10,2012,Onvoy,Inc.dba Onvoy Voice Services (the “Company”)applied
for a registrationlcertification as a wholesale provider of telecommunications service in Idaho.
See Application at 1 (citing Commission Order No.32277 in Case No.GNR-T-1l-01,
Commission Rule of Procedure (“Rule”or “RP”)114,and Title 62 of the Idaho Code).The
Company amended its Application on May 4,2012 to include additional information about its
subsidiaries and proposed services.See Amendment to Application.
On May 22,2012,the Commission issued a Notice of Application and Notice of
Modified Procedure with a 21-day comment period.See Order No.32556.Commission Staff
(“Staff’)was the only party to submit written comments within the established comment period.
With this Order,the Commission approves the Company’s Application.
THE APPLICATION
With this Application,the Company seeks registrationlcertification as a wholesale
telecommunications services provider.The Company describes itself as a “competitive
telecommunications company that intends to offer intrastate telecommunications services for
commercial and wholesale customers statewide.See Amendment to Application.The Company
says “[s]uch services may include,but will not be limited to,wholesale local exchange and long
distance,competitive tandem switching,switched access and other access services,transit,
intrastate PRI service,direct inward dialing and SS7 services.”Id.The Company identifies
itself as a Minnesota corporation,lists its principal business address in Minneapolis,Minnesota,
and says it does not maintain an Idaho place of business.The Company says it is registered with
the Idaho Secretary of State as a foreign corporation.It lists CT Corporation System,1111 West
Jefferson,Suite 350,Boise,ID 83702 as its Idaho registered agent for service.The Company
says it is a wholly owned subsidiary of Zayo Group Holdings,Inc.,a Delaware Corporation,and
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it outlines its corporate structure and lists information for its subsidiaries,officers,and directors.
Id at 1-2,Exhibits 1-4;Amendment to Application.
In the Application,the Company says it has not begun to negotiate any
interconnection agreements,but that it will do so as necessary upon being granted authority by
the Commission.The Company represents that it will seek Commission approval of any ensuing
interconnection agreements.Application at 4.The Company provides contact information for
customer complaints and for Commission inquiries regarding price lists,tariffs,and general
questions.Id at 3-4.
In the Application,the Company agrees to comply with all of the Commission’s rules
and procedures.Id.The Company also acknowledges that “to the extent [it]has telephone
number resources in Idaho,[it]shall be subject to numbering conservation measures including
mandatory one thousand (1,000)block pooling.”Id.at 5.
THE COMMENTS
Staff reviewed the Company’s Application to determine whether the Application
meets the requirements specified in Order No.32277.In that Order,the Commission states that
it will register a telecommunications company as a wholesale provider of telecommunications
services in Idaho fthe company:(1)does not intend to provide basic local exchange service,and
(2)completes an application describing the company’s (a)name,address,and form of business,
(b)tariff and customer contact information,(c)interconnection agreements,and (d)intent to
comply with Commission rules including telephone numbering-conservation measures.See
Order No.32277 (citing RP 114 Sections 1,5-8).
Based on its review,Staff believes that the Company’s Application meets these
requirements.Staff also believes that the Company possesses the requisite financial,managerial,
and technical qualifications necessary to operate as a provider of telecommunications services.
Accordingly,Staff recommended that the Commission approve the Company’s Application,
subject to the following conditions:
1.The Company must comply with all number pooling and reporting
requirements of the North American Numbering Plan Administrator,as set
forth in Commission Order No.30425;
2.The Company must provide all necessary reports and contribute as
appropriate to the Idaho Universal Service Fund,Idaho
ORDER NO.32576
Telecommunications Relay System,and the Idaho Telecommunications
Service Assistance Program;and
3.The Company must comply with all future reporting requirements deemed
appropriate by the Commission for competitive telecommunications
providers.
COMMISSION FINDINGS AND DECISION
In Case No.GNR-T-11-O1,the Commission “opened a docket to investigate whether
some sort of certification process is appropriate for Title 62 telecommunications providers that
do not provide basic local exchange service.”Order No.32277 at 2.The Commission received
written comments from telecommunications providers,Qwest Communications Company,LLC,
36Onetworks (USA),Inc.,AT&T Communications of the Mountain States,Inc.,TWCIS,and
Commission Staff.The parties recommended that the Commission institute a certification or
registration process to allow wholesale telecommunications providers that provide service that
does not meet the definition of basic local exchange service “to be recognized as eligible to
provide services in Idaho.”Id.at 3.
Accordingly,the Commission ruled that “registration or certification of
telecommunications companies that do not provide basic local exchange service,as defined by
state law,is necessary to enable those companies to access important rights or privileges
identified in the federal Telecommunications Act as they enter the telecommunications markets
in Idaho.”Id.at 8.“Telecommunications companies that do not intend to provide basic local
exchange service but request Commission registration may file an application pursuant to Rule
114,with minor modification to eliminate information required by the Rule relating to retail
basic local exchange service.”Id.“A company that completes the application process as
required in Rule 114,Section 1 and Sections 5 through 8,will be recognized by the Commission
as having successfully registered as a wholesale provider of telecommunications services in
Idaho.”Id.
The Commission finds that the Company is a wholesale telecommunications provider
and has demonstrated a willingness and commitment “to adhere to number pooling and reporting
requirements to assist the Commission in preserving numbers.”Order No.32277 at 8.Based
upon our review of the Company’s Application and the record in this case,we find that the
ORDER NO.32576 3
Company’s filing comports with RP 114 and Order No.32277.Therefore,we approve the
Company’s Application,subject to specific conditions more fully described below.
ORDER
IT IS HEREBY ORDERED that the Company’s Application is approved.
IT IS FURTHER ORDERED that the Company’s certification as a wholesale
provider of telecommunications services in Idaho is subject to the following conditions:(1)the
Company must comply with all number pooling and reporting requirements of the North
American Numbering Plan Administrator,as set forth in Commission Order No.30425;(2)the
Company must provide all necessary reports and contribute as appropriate to the Idaho Universal
Service Fund,Idaho Telecommunications Relay System,and the Idaho Telecommunications
Service Assistance Program;and (3)the Company must comply with all future reporting
requirements deemed appropriate by the Commission for competitive telecommunications
providers.
THIS IS A FINAL ORDER.Any person interested in the Order 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.Within seven (7)days after any person has petitioned for
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §61-
626.
ORDER NO.32576 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /7
day of June 2012.
PAUL K LANdIt),PRESIDENT
MACK A.REDFck,COMMISSIONER
/L
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jean D.Jew11
bmmission Secretary
O:OVS-T-1 2-02kk2
ORDER NO.32576 5