HomeMy WebLinkAbout20050602Comments.pdfKIRA DALE PFIS TERER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
(208) 334-0357
IDAHO BAR NO. 6571
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, ID 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
TAMARACK VIDEO & TELECOM LLC FOR A )
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE AND TOLL SERVICES WITHINTHE STATE OF IDAHO.
CASE NO. T AM- T -05-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Kira Dale Pfisterer, Deputy Attorney General, in response to Order No. 29783
the Notice of Application and Notice of Modified Procedure in Case No. TAM-05-1 issued on May
, 2005 , and submits the following comments.
BACKGROUND
On March 15, 2005 , Tamarack Video & Telecom LLC filed an Application for a Certificate
of Public Convenience and Necessity (CPCN) to provide local exchange and toll services within the
State of Idaho. Tamar~ck Video & Telecom filed an Amended Application for Certification on April
2005.
. STAFF COMMENTS JUNE 2, 2005
Tamarack Resort is an all-season resort located approximately 90 miles north of Boise in
Donnelly, Idaho. Tamarack Video & Telecom, wholly owned by Tamarack Resort LLC, will provide
certain telecommunications services to the resort.
Tamarack Video & Telecom is installing a fiber-to-the-premises (FTTP) network and plans to
offer voice over Internet Protocol (VoIP). The Company also intends to offer "Triple Play" services.
The "Triple-Play" service offering will provide voice, video and data as a bundled service.
During the week of March 22, 2005 , the Commission began receiving calls from some the
Company s customers who were concerned about the Company s offerings. Some of the concerns
focused on the packages offered, prices charged for the special phones required for the VoIP services
and the inability to obtain plain old telephone service (POTs) from the Company or Frontier, the
Incumbent Local Exchange (ILEC) Service Provider in the Donnelly area.
STAFF ANALYSIS
When Staff learned that the Company was offering local telephone service without a valid
certificate or price list, Staff called the Company and arranged a meeting with the Company and its
Attorney on March 29, 2005. Issues discussed during the meeting included: the requirement of a
certificate, completion and filing of a price list, unbundling services, and allowing customers to
obtain POTs. The Company revealed its business plan and provided further explanation as to what
services it would be offering. Ultimately, the Company clarified some of the issues raised by Staff
and assured Staff that it would address the remaining issues raised by the various inquiries and
complaints received by the Commission.
Following the meeting, Staff received the revised Application along with the Company
Illustrative Price List. Staff has been working very closely with the Company to bring its price list
into compliance with Commission s rules and Idaho Statute.On May 4, 2005 , the Company
provided Staff with its corrected Illustrative Tariff, which comports with all Commission Rules and
Idaho Statutes. Nevertheless, the price of stand-alone telephone service, which includes a rental fee
for the required telephone, is $75., which Staff considers quite high.
Additional issues Staff worked out with the Company subsequent to the meeting are the
provision of POTs and the scope of the Company s intended service area. The Company has notified
Staff that, upon approval of its Certificate and price list, it will offer stand-alone telephone service
which addresses certain consumer concerns. In addition, although the Application requests authority
ST AFF COMMENTS JUNE 2, 2005
for Valley and Adams Counties, the Company provides that current business plan is to focus on
services within the Tamarack Resort.
Another issue that Staff and the Company are continuing to work through is 911 Service.
According to the Company, Valley County currently does not have an Enhanced 911 (E911) service
available. The Company receives its direct inward dialing (DID) numbers from Frontier; therefore
Frontier provides the Public Service Answering Point (PSAP) the location identifier for Tamarack
resort. As a result, while the Company s customers can contact emergency services, the call does not
include sufficiently specific information to locate the customer within the Tamarack Resort.
The Company is currently working with Valley County and Frontier to clarify a system that
will locate and identify those customers who have stand-alone addresses within the resort area. Staff
will continue to monitor this process to ensure the public safety is being addressed and that the resort
is in compliance with the new FCC guidelines for VoIP providers.
CO MMENTS
On May 19 2005 the Commission received an electronic comment from a customer who is in
support of this Application. This support is based on the belief that competition will drive Frontier
charges down.
On May 31 , 2005 , the Commission received a comment from a customer who is opposed to
the Company s Application, as well as the Commission s decision to process the Application under
Modified Procedure. Staff does not believe that this comment raises significant issues that would
affect the Commission s decision on how the Application is processed and the comment does not
change Staffs recommendation vis-a-vis the Company s Application.
The comment states that Modified Procedure is inappropriate, because there are material
issues of fact that have been misstated in the Company s Application. However, Staff has read the
customer s comment and the Company s Application and does not see a material issue of fact to be
determined by the Commission at a hearing. While it is unfortunate that the Company initially
provided local telephone service without a CPCN, the Company and Staff are working together to get
the Company into regulatory compliance. Further, while Frontier may not currently provide
telephone service in the Tamarack Resort, the Resort is in Frontier s service territory and the
Company and Frontier are currently in discussions to seek ways that Frontier can directly serve
customers in the resort.
STAFF COMMENTS JUNE 2, 2005
STAFF RECOMMENDATION
Staff believes that Tamarack Video & Telecom has been very responsive and eager to meet all
of its regulatory obligations and has, in fact, met all obligations necessary to obtain a CPCN.
addition, the Company is engaged in working out solutions to address customer concerns and the 911
safety issues. Therefore, Staff recommends approval of this Application, despite the high cost of
stand-alone telephone service.
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wlfRespectfully submitted this .::/1 day of June 2005.
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Kira Dale Pfistere
Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc/comments/tamtO5.1kdpch
STAFF COMMENTS JUNE 2, 2005
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 2ND DAY OF JUNE 2005 SERVED
THE FOREGOING COMMENTS OF THE COMMISSION ST AFF IN CASE
NO. TAM-05-, BY MAILING A COpy THEREOF POSTAGE PREPAID TO THE
FOLLOWING:
SHELBY WEIMER
TAMARACK VIDEO & TELECOM LLC
SUITE 100
960 BROADWAY AVE
BOISE ID 83706
CERTIFICATE OF SERVICE