20051018Comments.pdf

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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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
RED-BAN COMMUNICATIONS, LLC FOR
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE SERVICES WITHIN THE STATEOF IDAHO.
CASE NO. RDB-O5-
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, and in response to Order No.
29873, the Notice of Application and Notice of Modified Procedure issued on September 27
2005, submits the following comments.
BACKGROUND
On August 15 , 2005 , Red-Ban Communications, LLC ("Red-Ban ) filed an Application
for a Certificate of Public Convenience and Necessity (CPCN) to provide facilities-based local
exchange and resold interexchange services throughout the State of Idaho and specifically within
the Qwest exchanges.
STAFF COMMENTS OCTOBER 18, 2005
APPLICATION
Red-Ban is a Utah limited liability company with its principal office located in Sandy,
Utah. Red-Ban is authorized by the Idaho Secretary of State to transact business within the State
of Idaho and has a registered agent for service in Idaho.
Red-Ban intends to provide local exchange and interexchange servIces mainly to
residential and business customers within the southern Idaho Qwest territories. Initially, Red-
Ban will provide local exchange service, Voice over Internet Protocol (VoIP), and other
information services.The Company indicated that it does not intend to collect advance
payments or deposits and requests a waiver of the escrow account requirement.
ST AFF ANALYSIS
Staff reviews all requests for a CPCN certificate pursuant to Idaho Code ~~ 61-526
through -528, IDAPA 31.01.01.111 and 112 (Rules 111 and 112), and Procedural Order No.
26665. To obtain a CPCN, an Applicant must provide the Commission with the following
information: (1) name, address, and form of business; (2) the date on which the applicant
proposes to begin construction or anticipates that it will provide service, including a written
description of customer classes and services proposed to be offered; (3) the proposed service
territory; (4) certain financial information; (5) maps regarding the proposed service area; (6) a
proposed initial tariff and price sheets; (7) contact information; (8) interconnection agreements if
any; (9) an agreement to comply with the Commission s Rules; and (10) an escrow account with
a bonded escrow agent if the company requires advanced deposits from its customers. Order No.
26665.
Through its review of the Application and numerous discussions with the Company, Staff
has determined that the Company s filing complies with the requirements of the Commission.
Staff believes that the Company understands and agrees to comply with the Commission rules
and requirements. Staff further believes that the Company possesses the requisite financial
managerial and technical qualifications necessary operate provider of
telecommunications services.
STAFF COMMENTS OCTOBER 18 , 2005
RECOMMENDATION
Based on its review of the Application, Staff recommends approval of the Application for
Certificate with a waiver of the escrow account requirement. In the future, should the
Company decide to collect deposits, it must comply with the escrow requirement as well as the
Commission s rules for interest on deposits.
Respectfully submitted this i6~ay of October 2005.
---------- ~~.:--~
Weldon B. Stutzman
Deputy Attorney General
Technical Staff: Carolee Hall
i :umisc :comments/rdbtO5.kpdch
ST AFF COMMENTS OCTOBER 18, 2005
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 18TH DAY OF OCTOBER 2005
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. RDB-05-, BY MAILING A COpy THEREOF POSTAGE PREPAID
TO THE FOLLOWING:
RICH REDMAN
RED-BAN COMMUNICATIONS , LLC
1057 S HWY 77
PO BOX 14
ALBION ID 83311-0014
E-mail: rich~atcnet.net
Jo P~/'--SECRETARY
CERTIFICATE OF SERVICE