20120710Comments.pdf

DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
P0 BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3366
RECEIVED
2012JUi 10 PM 2:23
;DAHC JT1UT1E61 COMMS3
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 )
SPECTROTEL, INC. DBA ONE TOUCH ) CASE NO. SPE-T-11-01
COMMUNICATIONS AND DBA TOUCH BASE )
COMMUNICATIONS FOR A CERTIFICATE OF)
PUBLIC CONVENIENCE AND NECESSITY TO COMMENTS OF THE
PROVIDE LOCAL EXCHANGE ) COMMISSION STAFF
TELECOMMUNICATIONS SERVICES IN )
IDAHO )
The Staff of the Idaho Public Utilities Commission, by and through its Attorney of Record,
Donald L. Howell II, Deputy Attorney General, submits the following comments.
BACKGROUND
On October 17, 2011, Spectrotel, Inc. dba One Touch Communications and dba Touch
Base Communications ("Spectrotel" or the "Company") filed its initial 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 31.01.01.114.
STAFF COMMENTS 1 JULY 10, 2012
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 basic resold and facilities-based local exchange services
throughout the state of 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. 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.
On June 6, 2012, Spectrotel requested to withdraw its proposed access tariff, Idaho Tariff
No. 2, which was previously submitted in this proceeding. The Company does not anticipate
billing for intrastate switched access services in Idaho in the near future.
STAFF ANALYSIS
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.
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 911 emergency agency.
Spectrotel states that it 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,
IDAPA 31.01.01.114.07. 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,
it asserts that its Application for a Certificate is in the public interest.
STAFF COMMENTS 2 JULY 10, 2012
STAFF RECOMMENDATION
Staff has reviewed Spectrotel's Application and believes the Company understands the
Commission's rules and requirements related to the provision of telecommunication services in
Idaho. The Company asserts it will comply with all applicable rules, requirements and Orders.
Rule 114.07, IDAPA 31.01.01.114.07. Based on this review, Staff also believes that Spectrotel
possess the requisite financial, managerial, and technical qualifications necessary to provide
telecommunications services. Therefore, Staff recommends that 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 and Rule
114.08;
2.The Company must comply with all reporting and contribution requirements as
prescribed by the Idaho Universal Service Fund, Idaho Telecommunications Relay System,
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.
Respectfully submitted this /Ciay of July 2012.
Deputy Attorney General
Technical Staff: Carolee Hall
U:Chall/comments/spetl 1.1 dhch comments
STAFF COMMENTS 3 JULY 10, 2012
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 10 TH DAY OF JULY 2012,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. SPE-T-1 1-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID, TO
THE FOLLOWING:
SHARON THOMAS CONSULTANT
TECHNOLOGIES MANAGEMENT INC
STE 300
2600 MAITLAND CENTER PKWY
MAITLAND FL 32751
SECRETARY
CERTIFICATE OF SERVICE