20120327Request for Reconsideration.pdf

MAR 27 pj 14: 51
ATTORNEYS AT LAW
Molly O'Leary jOAHO pUBLC it
Tel. [phone] Fax. [phone] UTILITIES (OMM SSlO
[e-mail]
P.O. Box 7218 Boise, ID 83707 - 515 N. 27th St. Boise, ID 83702
27 March 2012
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
RE: CASE NO. TCS-T41-01
REQUEST FOR RECONSIDERATION OR CHANGE OF ORIGINAL ORDER
Dear Ms. Jewell:
Enclosed please find the above referenced REQUEST FOR RECONSIDERATION OR
CHANGE OF ORIGINAL ORDER for filing on behalf of TC Systems, Inc., in the
above-referenced docket. We have enclosed an original and seven (7) copies, as well
as an additional copy for you to stamp for our records.
Ve t ly yours,
C4'
M 'Lea
& O'Leary, PLLC
E cI.
MOLLY O'LEARY [ISB # 49961
Richardson & O'Leary, PLLC
P.O. Box 7218
Boise, ID 83707
Tel: [phone]
Fax: [phone]
molly @richardsonandoleary.com
Attorneys for TC Systems, Inc
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE I CASE NO TCS-T41-01
APPLICATION OF TC SYSTEMS, )
INC TO REGISTER AS A ) PETITION FOR RECONSIDERATION OR, IN THE
WHOLESALE PROVIDER OF ] ALTERNATIVE, REQUEST FOR CLARIFICATION
TELECOMMUNICATIONS ) OR STAY OF ORDER 32480
SERVICES WITHIN THE STATE )
OF IDAHO ]
On November 22, 2011, TC Systems, Inc ("TCS" or "Company") filed an Application,
pursuant to modified Commission Rule 114, IDAPA 31 01 01114, as clarified in Procedural
Order No 32277 in Case No GNR-T-11-01, to be recognized by the Idaho Public Utilities
Commission ("Commission") as a telecommunications company that does not intend to
provide basic local exchange service.
On January 19, 2012, the Commission issued a Notice of Application and Notice of
Modified Procedure establishing a 21-day comment period. See Order No. 32442.
Commission Staff was the only party to submit written comments within the established
comment period
On March 6, 2012, the Commission approved TCS' Application for Certification as a
Wholesale Telecommunication Provider in Idaho Specifically, the Ordering paragraphs state
the following
PETITION FOR RECONSIDERATION,
CLARIFICATION, OR STAY OF ORDER NO 32480
IT IS HEREBY ORDERED that the Application of TC Systems, Inc. for
Certification as a Wholesale Telecommunications Provider in Idaho is approved.
IT IS FURTHER ORDERED that TCS' Certification shall be subject to the following
conditions: (1] TCS shall comply with all number pooling and reporting requirements
of the North American Numbering Plan Administrator, as set forth in Commission
Order No. 30425; (2) TCS shall provide all necessary reports and contribute as
appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay
System, and the Idaho Telecommunications Service Assistance Program; and (3) TCS
shall comply with all future reporting requirements deemed appropriate by the
Commission for competitive telecommunications providers.
THIS IS A FINAL ORDER. Any person interested in the Order 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. Within seven (7] days after any person
has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code §61-626.
On March 8, 2012, TCS submitted a request to the National Exchange Carrier
Association ("NECA"] to receive a Company Code. A Company Code is used to develop an
OCN, which is required to receive numbers from either the North American Numbering
Plan Administrator ["NANPA") or the Number Pooling Administrator ("PA").
On March 9, 2012, NECA rejected TCS's request stating that the "PUC approval
from Idaho cannot be accepted. The authorization must be for the entity to provide
competitive facilities-based local exchange telecommunications service." See Exhibit 1.
On March 27, 2012, TCS sent notice to NECA that it disagrees with its rejection of
its request. Unfortunately, AT&T has been informed that the decision-maker at NECA will
not be able to review AT&T's latest transmittal for a day or two.
Out of an abundance of caution, TCS is filing this request with the Commission to
amend the Ordering Paragraphs in Order No. 32480, released March 6, 2012, to specify that
PETITION FOR RECONSIDERATION,
CLARIFICATION, OR STAY OF ORDER NO. 32480 -2
TCS will provide wholesale local exchange service in Idaho. In support of this request, TCS
provides the following:
1.TCS will provide wholesale facilities based local exchange
transport services to one of its affiliate, AT&T Corp., which will allow AT&T
Corp. to provide business voice over internet protocol ("BVoIP"] service in
Idaho.
2.TCS will provide wholesale local exchange transport service to
its affiliate. In addition, TCS will provide telephone numbers, as well as both
direct inward dialing service and direct outward dialing service which facilitates
the connection of calls between the public switched telephone network and
the between the public switched network and its affiliate.
3.TCS has no further changes to the Application that it submitted
on November 22, 2011.
WHEREFORE, TC Systems, Inc., requests that the Commission amend the ordering
paragraphs in Order No. 32480 to clarify that it will be registered as a wholesale provider of
telecommunications service in Idaho pursuant to Commission Rule 114, IDAPA 3 1.01.01.114.,
as clarified in Procedural Order No. 32277 in Case No. GNR-T-11-01, and that it will offer
facilities-based local exchange service or, in the alternative, stay its order pending clarification
from NECA regarding its interpretation of the Commission's order.
RESPECTFULLY SUBMITTED this 27th day of I
By:
PETITION FOR RECONSIDERATION,
CLARIFICATION, OR STAY OF ORDER NO. 32480-3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 27th day of March, 2012, I caused a true and correct
copy of the foregoing to be hand delivered upon the following individual(s)
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83702-5918
Neil Price
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83702-5918
PETITION FOR RECONSIDERATION,
CLARIFICATION, OR STAY OF ORDER NO. 32480-4
EXHIBIT I
PETITION FOR RECONSIDERATION,
CLARIFICATION, OR STAY OF ORDER NO. 32480-5
ONO, JANICE L
From: Cooper, Aifreda [[e-mail] ]
Sent: Friday, March 09, 2012 10:22 AM
To: LOPER, LISA A
Subject: RE: IC Systems, INC. - ID --- OCN Request
Lisa,
This PUC approval from Idaho cannot be accepted. The authorization must be for the entity to provide
competitive facilities-based local exchange telecommunications service.
A lf reda
Original Message-----
From: LOPER, LISA A [mailto:[e-mail]
Sent: Thursday, March 08, 2012 12:59 PM
To: Cooper, Aifreda
Subject: TC Systems, INC. - lb --- OCN Request
A If reda,
Attached is the supporting documentation for my new OCN request.
I did not receive a receipt/return email from the system.
Could you possibly please send me one.
If you have any questions, comments or concerns, please contact me.
Lisa Loper
Code Administration
Network Methods & Support - LFO
AT&T Operations Inc.
One AT&T Way - 3b142C
Bedminster, NJ 07921
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