20091127Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL

DATE: NOVEMBER 24, 2009

SUBJECT: APPLICATION OF TIME WARNER CABLE INFORMATION
SERVICES (IDAHO), LLC FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY, CASE NO. TIM-T-08-01

On November 14, 2008, Time Warner Cable Information Services (Idaho), LLC
(“TWCIS” or “Company”) filed an Application for a Certificate of Public Convenience and
Necessity (CPCN) pursuant to Idaho Code §§ 61-526 through 528, IDAPA 31.01.01.111 and
Commission Order No. 26665 to provide competitive facilities-based local and interexchange
telecommunications services within the State of Idaho. Staff and representatives of TWCIS
entered into a prolonged period of discussions regarding the Company’s initial Application. On
November 14, 2009, the Company filed a supplement to its Application.
THE APPLICATION AND SUPPLEMENT
TWCIS is a Delaware corporation and lists its principal place of business as: 290
Harbor Drive, Stamford, Connecticut 06902-8700. Application at 2. TWCIS is registered with
the Idaho Secretary of State as a foreign limited liability company and lists CT Corporation
System, 300 N. Sixth Street, Boise, Idaho 83702, as its Idaho registered agent for service. Id. In
its Application, TWCIS states that it is a “competitive telecommunications company” offering
“facilities-based wholesale and retail intrastate telecommunications services” to “commercial
and wholesale customers statewide.” Id. at 2, 5.
TWCIS seeks authority to provide “retail and wholesale facilities-based intrastate
telecommunications services to commercial customers in all existing telephone exchanges in the
state of Idaho.” Id. at 6. The Company will utilize the facilities owned by its cable affiliate, as
DECISION MEMORANDUM 2
appropriate. Id. at 5. The Application also reveals that the Company has not yet identified all of
the facilities required for its services, “as the architecture will depend upon future customer
location, customer demand and the outcome of interconnection agreement (“ICA”) negotiation
with incumbent local exchange carriers (“ILECs”).” Id. at 5-6. TWCIS disclosed in its
Application that it plans to enter into ICAs with Idaho ILECs, Verizon and Qwest. Id. at 7.
In the supplement to its Application, TWCIS reiterated that its “Local Interconnection
Service, described in Section 3.3 of its proposed tariff . . . falls within the parameters of” the
Idaho Code § 62-603(1) definition of “basic local exchange service.” Supplement to Application
at 4-5. The Company also emphasized that granting a CPCN “will be consistent with the
competition objectives embodied in federal and state law. . . .” Id. at 11
STAFF COMMENTS
Staff has reviewed TWCIS’s Application and supplement and recommends that it be
processed through Modified Procedure with a 21-day comment period.
COMMISSION DECISION
Does the Commission wish to process TWCIS’s Application for a Certificate of
Public Convenience and Necessity through Modified Procedure with a 21-day comment period?

M:TIM-T-08-01_np