20120731final_order_no_32602.pdf

Office of the Secretary
Service Date
July 31,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF SPECTROTEL,INC.DBA ONE TOUCH )CASE NO.SPE-T-I1-Ol
COMMUNICATIONS AND DBA TOUCH )
BASE COMMUNICATIONS FOR A )
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY TO PROVIDE LOCAL )ORDER NO.32602
EXCHANGE TELECOMMUNICATIONS )
SERVICES IN IDAHO )
_____________________________________________________________________________
)
On October 17,2011,Spectrotel,Inc.dba One Touch Communications and dba
Touch Base Communications (“Spectrotel”or the “Company”)filed its initial Application
requesting the Commission issue a Certificate of Public Convenience and Necessity (CPCN)to
provide facilities-based and resold local exchange services within Idaho.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 31.01.01.114.
On June 19,2012,the Commission issued a Notice of Application and Notice of
Modified Procedure soliciting public comment on the Application.Commission Staff filed the
only comments in the case and supported the Company’s Application.As set out in greater
detail below,we conditionally grant the amended Application.
THE APPLICATION
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.Although it
has no Idaho offices,the Company states that it is authorized by the Idaho Secretary of State to
conduct business in Idaho.
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 is requesting authority to provide local exchange service throughout Idaho in all
exchanges not exempt from competition.Initially,the Company intends to offer services in the
geographic areas currently served by Qwest Corporation dba CenturyLink.Spectrotel’s local
ORDER NO.32602 1
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 (IJNE-P)facilities and resale arrangements with ILECs)
Spectrotel does not intend to provide operator assistance 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.
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 1 14.07.
Spectrotel will not require advanced payments or deposits;therefore,no escrow account is being
filed with this Application.
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.
STAFF COMMENTS
Staff reviewed Spectrotel’s Application as amended for compliance with applicable
legal requirements for acquiring a CPCN,including the requirements contained in Rule 114 and
Procedural Order No.26665.Based upon its review,Staff believes that Spectrotel understands
the Commission’s rules and requirements related to the provision of local telecommunications
services in Idaho.Staff also believes that Spectrotel possesses the requisite financial,
managerial,and technical qualifications necessary to provide such services.Consequently,Staff
recommended the Commission issue a CPCN to Spectrotel,subject to the following conditions:
1.The Company must comply with all number pooling and reporting
requirements of the North American Number Plan Administrator.See
Commission Order No.30425;
2.The Company must comply with all reporting and contribution
requirements as prescribed by the Idaho Universal Service Fund (Idaho
On June 6,2012,Spectrotel filed a notice withdrawing its proposed access tariff,Idaho Tariff No.2,which was
previously submitted.The Company stated that it does not anticipate billing for intrastate switched access services
in Idaho in the near future.
ORDER NO.32602 2
Code §62-610;IDAPA 31.46.01),Idaho Telecommunications Relay
System (Idaho Code §61-1304;IDAPA 31.46.02),Idaho
Telecommunications Service Assistance Program (Idaho Code §56-904);
and
3.The Company must comply with all future reporting requirements deemed
appropriate by the Commission for competitive telecommunications
providers.
DISCUSSION AND FINDINGS
Based upon our review of the record,including the Company’s Application as
amended and Staff’s comments,we find that the Company’s Amended Application meets the
requirement of Rule 114,IDAPA 31.01.01.114.Consequently,we approve the Company’s
Application for a CPCN to provide local exchange telecommunications services in Idaho subject
to the conditions set forth below.
ORDER
IT IS HEREBY ORDERED that Spectrotel,Inc.dba One Touch Communications
and dba Touch Base Communications’Application (as amended)for a Certificate of Public
Convenience and Necessity is granted as conditioned below.
IT IS FURTHER ORDERED that Spectrotel:(1)shall comply with all number
pooling and reporting requirements of the North American Number Plan Administrator
consistent with Commission Order No.30425;(2)shall comply with all reporting and
contribution requirements as prescribed by the Idaho Universal Service Fund and its
Administrator,Idaho Telecommunications Relay System and its Administrator,Idaho
Telecommunications Service Assistance Program;(3)shall comply with all future reporting
requirements deemed appropriate by the Commission for competitive telecommunications
providers;and (4)shall relinquish its certificate and all telephone numbers if,within one year of
the issuance of the CPCN,the Company is not providing local exchange telecommunications
services in Idaho.
THIS IS A FINAL ORDER.Any person interested in this Order (or in issues finally
decided by this Order)or in interlocutory Orders previously issued in this Case No.SPE-T-l1-0l
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 or in interlocutory Orders previously issued in
ORDER NO.32602 3
this case.Within seven (7)days after any person has petitioned for reconsideration,any other
person may cross-petition for reconsideration.See Idaho Code §61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of July 2012.
PAUL KJELLA ER,SIDENT
MACK A.REDFOR ,COMMISSIONER
U LL_!
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jean D JewelJ
Commission Secretary
bls/O:SPE-T-I 1-Oldh2
ORDER NO.32602 4