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HomeMy WebLinkAbout20120619notice_of_application_order_no_32565.pdfOffice of the Secretary Service Date June 19,2012 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF SPECTROTEL,INC.DBA ONE TOUCH )CASE NO.SPE-T-ll-O1 COMMUNICATIONS AND DBA TOUCH ) BASE COMMUNICATIONS FOR A )NOTICE OF APPLICATION CERTIFICATE OF PUBLIC CONVENIENCE ) AND NECESSITY TO PROVIDE LOCAL )NOTICE OF EXCHANGE TELECOMMUNICATiONS )MODiFIED PROCEDURE SERVICES IN IDAHO ) _________________________________ )ORDER NO.32565 On October 17,2011,Spectrotel,Inc.dba One Touch Communications and dba Touch Base Communications (“Spectrotel”or the “Company”)filed an Application requesting that the Commission issue a Certificate of Public Convenience and Necessity (CPCN)to provide facilities-based and resold local exchange services within Idaho.Spectrotel also declared that it intends to resell interexchange telecommunications services to Idaho customers.On November 10,2011,and again on May 2,2012,Spectrotel amended its Application and model tariff pages to comply with the filing requirements set out in Rule 114,IDAPA 3 1.01.01.114. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that Spectrotel proposes to provide facilities-based and resold local exchange services through the combination of its facilities and the resale of other carriers’facilities and network elements to business and residential customers throughout Idaho.The Company is principally located in Neptune,New Jersey and is incorporated in Delaware.Application at 3.The Company states that it is authorized by the Idaho Secretary of State to conduct business in Idaho. YOU ARE FURTHER NOTIFIED that the Company intends to begin offering its services once the Commission has issued a CPCN and approved Spectrotel’s interconnection agreement(s)with other carriers.Id.Spectrotel intends to offer services in the geographic areas currently served by Qwest Corporation dba CenturyLink.The Company’s local exchange service will mirror the basic local calling areas of the incumbent local exchange carrier (ILEC), CenturyLink.Spectrotel intends to provide service via unbundled network element platforms (UNE-P)facilities and resale arrangements with ILECs. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32565 1 YOU ARE FURTHER NOTIFIED that Spectrotel does not intend to provide operator assistant services itself.It intends to rely upon the underlying carrier to “handle calls that require operator assistance.”Amended Application at 1.In addition,Spectrotel does not intend to route or handle 911 emergency calls;such calls will be routed through the underlying carrier to the appropriate emergency agency. YOU ARE FURTHER NOTIFIED that Spectrotel has reviewed the Commission’s rules applicable to local exchange service providers in Idaho and agrees to provide service in accordance with all laws,rules and Orders to the extent they are not preempted by the federal Telecommunications Act.Rule 114.07.Spectrotel will not require advanced payments or deposits;therefore,no escrow account is being filed with this Application. YOU ARE FURTHER NOTIFIED that Spectrotel asserts that it possesses the experience and financial ability to provide local and long-distance services within Idaho.The Company maintains that the services it proposes to provide will increase the competitive choices available to customers within Idaho.Consequently,its Application for a Certificate is in the public interest. YOU ARE FURTHER NOTIFIED that the Application and supporting tariffs have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.The Application and tariffs are also available on the Commission’s web site at www.puc.idaho.gov by clicking on “File Room”and then “Telephone Cases.” NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules of Procedure,IDAPA 31.01.01.201 through .204.The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within twenty-one (21)days from the service date of this Notice.The comment must contain a statement of reasons supporting the comment.Persons desiring a hearing must specifically NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32565 2 request a hearing in their written comments.Written comments concerning this Application shall be mailed to the Commission and the Applicant at the addresses reflected below: Commission Secretary Sharon Thomas Idaho Public Utilities Commission Consultant to Spectrotel/One TouchlTouch Base P0 Box 83720 Technologies Management,Inc. Boise,ID 83720-0074 2600 Maitland Center Parkway,Suite 300 Maitland,FL 32751 Street Address for Express Mail:E-Mail:sthomas(tminc.com 472 W.Washington Street Boise,ID 83702-5918 All comments should contain the case caption and case number shown on the first page of this document.Persons desiring to submit comments via e-mail may do so by accessing the Commission’s home page located at www.puc.idaho.gov.Click the “Comments and Questions” icon and complete the comment form using the case number as it appears on the front of this document.These comments must also be sent to the Applicant at the e-mail address listed above. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set,the Commission will consider this matter on its merits and enter its Order without a formal hearing.If written comments are received within the time limit set,the Commission will consider them and,in its discretion,may set the same for formal hearing. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission’s jurisdiction under Title 62 of the Idaho Code and specifically Idaho Code §61-619,61-622(2),and Rule 114.The Commission may enter any final Order consistent with its authority under Title 62. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure,IDAPA 31.01.01.000 et seq. ORDER IT IS HEREBY ORDERED that the Application of Spectrotel,Inc.dba One Touch Communications and dba Touch Base Communications for a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services be processed by Modified NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32565 3 Procedure.Persons interested in submitting written comments in this matter must do so no later than 21 days from the service date of this Order. DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of June 2012. 7 7 4’1 4)N I ,iL-_ N MACK A.REDFQR ,COMMISSIONER £ MARSHA H.SMITH,COMMI STONER ATTEST: /1 ( Jean D Jewel! Commission ecretary bls/O:SPE-T-1 1-Oldh NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32565 4