20150408notice_of_application_order_no_33268.pdf

Office of the Secretary
Service Date
April 8,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF TALK AMERICA )
SERVICES,LLC’S APPLICATION FOR A )CASE NO.TAL-T-14-Ol
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY TO PROVIDE RESOLD )NOTICE OF APPLICATION
LOCAL EXCHANGE AND )
INTEREXCHANGE SERVICES )NOTICE OF
)MODIFIED PROCEDURE
)
_______________________________
)ORDER NO.33268
On September 19,2014,Talk America Services,LLC (Talk America)applied to the
Commission for a Certificate of Public Convenience and Necessity (CPCN)authorizing it to
provide resold local exchange and interexchange telecommunications services in Idaho.With
this Order,the Commission solicits public input on the Application and orders the case be
processed under the Commission’s Rules of Modified Procedure.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Talk America is a Delaware limited liability
company,authorized to do business in Idaho.Application at 5,Exhibit C.Its principal place of
business is in Little Rock,Arkansas.Id.at 5.Talk America is a subsidiary of Communications
Sales &Leasing,Inc.(CSL),a Maryland corporation,which is also Talk America’s sole
member.Id.
YOU ARE FURTHER NOTIFIED that Talk America proposes to “provide resold
local exchange,resold interexchange and broadband telecommunications services to residential
customers”currently subscribed to Windstream Holdings,Inc.(Windstream).Id.at 1-2.
YOU ARE FURTHER NOTIFIED that Talk America’s Application is part of or
related to a corporate transaction involving Windstream and CSL.Id.at 1-2.In that transaction,
Windstream will divide into an operating unit (providing telecommunications and related
services),and a real estate investment trust (holding title to distribution plant assets).Id.at 2.
The investment trust’s assets,which include copper,fiber,and real estate assets,will be
transferred to CSL which will then lease the assets back to Windstream on a long-term basis.Id.
at 2.If the Commission approves Talk America’s Application,Windstream intends to “transfer
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33268 1
all of [its operating unit’s]residential local exchange and long distance customers to [Talk
America].”Id.at 2.
YOU ARE FURTHER NOTIFIED that Talk America seeks authority to provide local
exchange services,and intends to provide interexchange services,to and from all points in the
State of Idaho.Id.at 6.Talk America “will initially only resell the services [offered by
Windstream],and in the future will amend its certification if it decides to offer services as a
facilities based provider.”Id.at 3.Talk America does not intend to construct any new facilities
in Idaho at this time.Id.Its network “will consist of leased facilities provided by other carriers.”
Id.Talk America intends to “provide services at the same rates and under the same terms and
conditions”as they are currently provided by Windstream.Id.at 7,Exhibit E.
YOU ARE FURTHER NOTIFIED that Exhibit A to the Application describes Talk
America’s management team’s background and experience.Talk America also provided its
formation documents.Exhibit B.Talk America asserts that its financial information provided in
Exhibit D is exempt from public disclosure per Commission Rule 67.IDAPA 3 1.01.01.067.
YOU ARE FURTHER NOTIFIED that Talk America “agrees to comply with all
applicable Idaho laws and Commission rules and regulations.”Application at 8,Exhibit F.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is also available on the Commission’s web site at
www,puc.idaho.gov.Click on the “File Room”tab at the top of the page,scroll down to “Open
Telephone Cases,”and then click on the case number TAL-T-l401.
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 3 1.01.01.201 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 by no
later than April 28,2015.The comment must contain a statement of reasons supporting the
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33268 2
comment.Persons desiring a hearing must specifically 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 Jean L.Kiddoo
Idaho Public Utilities Commission Russell M.Blau
P0 Box 83720 Jeffrey R.Strenkowski
Boise,ID 83720-0074 Bingham McCutchen LLP
2020 K Street,N.W.
Street Address for Express Mail:Washington,DC 20006
E-mail:
472 W.Washington Street
Boise,ID 83702-5918 jçffey.strcnkowskijbingçpm
Jeffery W.Small,Senior Vice President
Corporate Development and Operations
Talk America Services,LLC
4001 N.Rodney Parham Road
Little Rock,AR 72212
E-mail:jffçry.w.small(wind stream .coni
These 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 y4c.idahpgpv.Click the “Case Comment Form”
under the “Consumers”tab,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
addresses 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 §62-604,62-615,and 62-622.The Commission may enter any final Order
consistent with its authority under Title 62 and Commission Rule of Procedure 114,IDAPA
3 1.01.01.114.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33268 3
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commissions Rules of Procedure,IDAPA 31.01.01;Idaho Code §62-
619.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure,IDAPA 31.01.01.201 -.204.Persons interested in submitting written comments must
do so by April 28,2015.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of April 2015.
ATTEST:
Qan D.Jewel!
Commission Secretary
O:TAL-T-I 4-O1_djh
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33268
\A1LN
MACK A.REDFO ,COMMISSIONER
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