20111216final_order_no_32417.pdf

Office of the Secretary
Service Date
December 16,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF TIME WARNER CABLE )CASE NO.TIM-.T-11-O1
INFORMATION SERVICES IDAHO),LLC )
FOR CERTIFICATION AS A WHOLESALE )
COMMUNICATIONS PROVIDER IN )ORDER NO.32417
IDAHO )
______________________________________________________________________________
)
On September 29,2011,Time Warner Cable Information Services (Idaho),LLC
(“TWCIS”or “Company”)filed an Application for Certification as a wholesale communications
provider in Idaho pursuant to Commission Order No.32277 in Case No.GNR-T-11-01,
Commission Rule of Procedure 114 and Title 62 of the Idaho Code.Application at 1.
On November 9,2011,the Commission issued a Notice of Application and Notice of
Modified Procedure with a 21-day comment period.See Order No.32396.Commission Staff
(“Staff’)was the only party to submit written comments within the established comment period.
THE APPLICATION
TWCIS is a Delaware corporation and lists New York City,New York as its principal
place of business.Id.at 1-2.TWCIS is registered with the Idaho Secretary of State as a foreign
corporation and lists CT Corporation System,300 N.6th Street,Boise,Idaho 83702,as its Idaho
registered agent for service.Id.at 2,Exhibits 2(a-c).
In its Application,TWCIS stated that the Company “intends to offer intrastate
telecommunications services for commercial and wholesale customers statewide.”Id.at 1.
“Such services may include point to point,private line,access and transport services.”Id.
TWCIS has signed an interconnection agreement with Frontier Communications
Northwest,Inc.Id.at 4.The Company “acknowledges that [‘pursuant to Commission Rule of
Procedure 114.08 and Commission Order No.30425,]non-paging telecommunications carriers
with telephone numbering resources in Idaho shall be subject to numbering conservation
measures,including mandatory one thousand (1,000)block pooling.”Id.The Company agrees
to comply with all of the Commission’s Rules and Procedures.Id.
ORDER NO.32417 1
STAFF COMMENTS
Staff reviewed TWCIS’Application for compliance with the applicable legal
requirements to become a certified wholesale provider of telecommunications services in Idaho.
Staff believes that the Company understands and agrees to comply with Commission Rules of
Procedure 114 and Commission Order No.32277.Staff also believes that the Company
possesses the requisite financial,managerial,and technical qualifications necessary to operate as
a provider of telecommunications services.
Staff recommended Commission approval of TWCIS’Application for Certification as
a wholesale communications provider in Idaho,subject to the following conditions:
1.TWCIS should comply with all number pooling and reporting
requirements of the North American Numbering Plan Administrator,as set
forth in Commission Order No.30425;
2.TWCIS should 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.TWCIS should comply with all future reporting requirements deemed
appropriate by the Commission for competitive telecommunications
providers.
COMMISSION FINDINGS AND DECISION
In Case No.GNR-T-11-01,the Commission “opened a docket to investigate whether
some sort of certification process is appropriate for Title 62 telecommunications providers that
do not provide basic local exchange service.”Order No.32277 at 2.The Commission received
written comments from telecommunications providers,Qwest Communications Company,LLC,
360networks (USA),Inc.,AT&T Communications of the Mountain States,Inc.,TWCIS,and the
Commission Staff.The parties recommended that the Commission institute a certification or
registration process to allow wholesale telecommunications providers that provide service that
does not meet the definition of basic local exchange service “to be recognized as eligible to
provide services in Idaho.”Id.at 3.
Accordingly,the Commission ruled that “registration or certification of
telecommunications companies that do not provide basic local exchange service,as defined by
state law,is necessary to enable those companies to access important rights or privileges
ORDERNO.32417 2
identified in the federal Telecommunications Act as they enter the telecommunications markets
in Idaho.”Id.at 8.“Telecommunications companies that do not intend to provide basic local
exchange service but request Commission registration may file an application pursuant to Rule
114,with minor modification to eliminate information required by the Rule relating to retail
basic local exchange service.”Id.“A company that completes the application process as
required in Rule 114,Section 1 and Sections 5 through 8,will be recognized by the Commission
as having successfully registered as a wholesale provider of telecommunications services in
Idaho.”Id.
The Commission finds that TWCIS is a wholesale telecommunications provider and
has demonstrated a willingness and commitment “to adhere to number pooling and reporting
requirements to assist the Commission in preserving numbers.”Order No.32277 at 8.Based
upon our review of TWCIS’Application and the record in this case,the Commission finds that
TWCIS’filing comports with Commission Rule of Procedure 114 and Order No.32277.
Therefore,the Commission approves TWCIS’Application for Certification as a wholesale
communications provider in Idaho,subject to specific conditions more fully described below.
ORDER
IT IS HEREBY ORDERED that the Application of Time Warner Cable Information
Services (Idaho),LLC for Certification as a wholesale communications provider in Idaho is
approved.
IT IS FURTHER ORDERED that TWCIS’Certification as a wholesale
communications provider shall be subject to the following conditions:(1)TWCIS 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)TWCIS 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)TWCIS 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
ORDERNO.32417 3
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of December 2011.
PAUL KJ LAND.PRESIDENT
.....
MACK A.REDFORD,COMMiSSIONER
j71 /1
MARSHA H.SMITH,COMMISSIONER
ATTEST:
7]j.
//
JIan D.JewelL
Commission Secretary
O:TIM-T-1 I -02np2
ORDER NO.32417 4