20120612Comments.pdf

KARL T. KLEIN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
P0 BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5156
ZUl? JUN 12 AM 8:52
riAH PUBLk: UTILITIES COMMISSION
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
ONVOY, INC. DBA ONVOY VOICE SERVICES ) CASE NO. OVS-T-12-02
FOR A REGISTRATION/ CERTIFICATION AS )
A WHOLESALE PROVIDER OF ) COMMENTS OF THE
TELECOMMUNICATIONS SERVICES. ) COMMISSION STAFF
The Staff of the Idaho Public Utilities Commission comments as follows on Onvoy, Inc. dba
Onvoy Voice Services' April 10, 2012 Application for a registration/certification as a wholesale
provider of telecommunications service in Idaho.
BACKGROUND
On April 10, 2012, Onvoy, Inc. dba Onvoy Voice Services ("Onvoy" or "Company")
applied for a registration/certification as a wholesale provider of telecommunications service in
Idaho pursuant to Commission Order No. 32277 in Case No. GNR-T-11-01, Commission Rule of
Procedure 114 and Title 62 of the Idaho Code. Application at 1. The Company amended its
Application on May 4, 2012, to include additional information about its subsidiaries and to describe
its proposed services. See Amendment to Application.
In Case No. GNR-T-11-01, The Commission determined that it will register a
telecommunications company as a wholesale provider of telecommunications services in Idaho if
the company does not intend to provide basic local exchange service and it completes an application
describing the company's (1) name, address, and form of business; (2) tariff and customer contact
STAFF COMMENTS I JUNE 12, 2012
information; (3) interconnection agreements; and (4) intent to comply with Commission rules
including telephone numbering conservation measures. See Rule 114 Sections 1, 5-8; Order No.
32277.
With this Application, Onvoy seeks registration/certification 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
PM service, direct inward dialing and SS7 services." Id.
STAFF ANALYSIS
Onvoy is a Minnesota corporation and lists its principal business address as 300 South
Highway 169, Suite 700, Minneapolis, Minnesota. Id. at 1. The Company confirms it is registered
with the Idaho Secretary of State as a foreign corporation. Id. Attachment A. Onvoy lists CT
Corporation System, 1111 West Jefferson, Suite 350, Boise, ID 83702 as its Idaho registered agent
for service. Id. at 2. The Company states that it is a wholly owned subsidiary of Zayo Group
Holdings, Inc., a Delaware Corporation, and it outlines its corporate structure and lists information
for its subsidiaries, officers, and directors. Id. at 1-2, Exhibits 1-4; Amended Application.
The Company says it has not yet initiated interconnection negotiations but intends to 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. Id. at 4.
Onvoy 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 Company provides contact information for customer complaints and
for Commission inquiries regarding price lists, tariffs, and general questions. Id. at 3-4.
In Order No. 32277, 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." Order No.
32277 at 8. "Telecommunications companies that do not intend to provide basic local exchange
STAFF COMMENTS 2 JUNE 12, 2012
service, but request Commission registration may file an application pursuant to Rule 114, with
minor modifications to eliminate information required by the Rule relating to retail basis local
exchange service." Id.
STAFF RECOMMENDATION
Staff has reviewed Onvoy's Application for a CPCN and believes the Company understands
and agrees to comply with the Commission rules and requirements. Based on this review, Staff
believes Onvoy's filing fulfills the requirements of the Commission Rule of Procedure 114 and
Order No. 32277. Staff believes that the Company possesses the requisite financial, managerial,
and technical qualifications necessary to operate as a provider of telecommunications services.
Staff, therefore, recommends Commission approval that Onvoy has successfully registered as a
wholesale communications provider subject to the following conditions:
1.Onvoy complies with number pooling and reporting requirements of the North
American Number Plan Administrator, as set forth in Commission Order No. 30425;
2.Onvoy provides necessary reports, and contributes as appropriate to the Idaho
Universal Service Fund, Idaho Telecommunications Relay System, Idaho Telecommunications
Service Assistance Program; and
3.Onvoy complies with all future reporting requirements deemed appropriate by the
Commission for competitive telecommunications providers.
Respectfully submitted this day of June 2012.
Karl T. Klein
Deputy Attorney General
Technical Staff: Grace Seaman
umisc/comments/ovstl 2.2kkgs comments
STAFF COMMENTS 3 JUNE 12, 2012
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 12TH DAY OF JUNE 2012,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN CASE
NO. OVS-T-12-02, BY MAILING A COPY THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
JEAN K KIDDOO SCOTT SAWYER GEN COUNSEL
BRETT P FERENCHACK ONVOY INC
BINGHAM McCUTCHEN LLP 300 SOUTH HIGHWAY 169
2020 K ST NW STE 700
WASHINGTON DC 20006 MINNEAPOLIS, MN 55426
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SECRETARY
CERTIFICATE OF SERVICE