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Home My WebLink About20111130Comments.pdfNEIL PRICE DEPUTY ATTORNEY GENERAL IDAHO PUBLIC UTILITIES COMMISSION PO BOX 83720 BOISE, IDAHO 83720-0074 (208) 334-0314 BARNO. 6864 RECE imi NO\! 30 Pt\ 3: 0' Street Address for Express Mail: 472 W. WASHINGTON BOISE, IDAHO 83702-5918 Attorney for the Commission Staff BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ) TIME WARNER CABLE INFORMATION ) CASE NO. TIM-T-ll-OlSERVICES (IDAHO), LLC FOR ) CERTIFICATION AS A WHOLESALE ) COMMUNICATIONS PROVIDER IN IDAHO ) COMMENTS OF THE ) COMMISSION STAFF ) ) COMES NOW the Staff of the Idaho Public Utilties Commission, by and through its attorney of record, Neil Price, Deputy Attorney General, and in response to the Notice of Application and Notice of Modified Procedure issued in Order No. 32396 on November 9,2011, in Case No. TIM-T-11-01, submits the following comments. BACKGROUND On September 29,2011, Time Warer Cable Information Services (Idaho), LLC ("TWCIS" or "Company") fied an Application for a Registration/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. STAFF COMMENTS 1 NOVEMBER 30,2011 TWCIS is a competitive telecommunications company that intends to offer intrastate telecommunications services for commercial and wholesale customers statewide. Such services may include point-to-point, private line, access and transport services. On August 27,2010, the Commission issued Order No. 32059 in Case No. TIM-T-08-01. The Order denied a request by TWCIS for a Certificate of Public Convenience and Necessity (CPCN) that would authorize it to provide telecommunications service in Idaho because the Company was not planing to offer "basic local exchange service" as defined in Title 61, Idaho Code. The Commission stated in the Order that it no longer issues CPCNs to telephone corporation under Idaho Code § 61-526, and instead it "registers" new competitive local exchange cariers (CLECs) by issuing a "Certificate" under Commission Rule 114, IDAPA 31.01.01.114. Order No. 32059, p. 7. The Commission furher stated that it "is taking appropriate steps to verify that Title 62 Certificates are issued to carriers providing basic local exchange service," and that the Commission intends to investigate all holders of Title 62 CPCNs to ensure they are providing basic local exchange service." Order No. 32059, p.12. Thi'S investigation resulted in the issuance of Commission Order No. 32277 that states telecommunications companes that do not intend to provide basic local exchange service and who complete the application process as required in Commission Rule of Procedure i 14, Section 1 and Sections 5 through 8, will be recognized by the Commission as having successfully registered as a wholesale provider of telecommunications service in Idaho. IDAPA 31.01.01.114. STAFF ANALYSIS TWCIS is wholly owned by TWC Digital Phone, LLC, a subsidiary of Time Warer Cable Inc., a Delaware corporation located in New York, New York. With the Application, TWCIS provided a copy of the Delaware Secreta of State's Certificate of Good Stading, Idaho Secretar of State's Registration of Foreign Limited Liabilty Company, and a Certificate of Assumed Business Name to do business as Time Warer Cable. The Company's registered agent for service in Idaho is CT Corporation System. The Company has an interconnection agreement with Frontier Communications Nortwest, Inc. TWCIS affirms it has reviewed all of the Commission's rules and agrees to comply with these rules. Further, the Company acknowledges that non-paging telecommunications carriers with telephone numbering resources in Idaho shall be subject to STAFF COMMENTS 2 NOVEMBER 30, 2011 numbering conservation measures, including mandatory one thousand (1,000) block pooling pursuant to Commission Rule of Procedure 114.08 and Commission Order No. 30425. STAFF RECOMMENDATION Staffhas reviewed the Application by TWCIS for compliance with applicable legal requirements to be registered as a wholesale provider of telecommunications services in Idaho and believes the Company understads and agrees to comply with Commission Rules of Procedure 114 and Commission Order No. 32277. Staff believes that the Company possesses the requisite financial, managerial, and technical qualifications necessar to operate as a provider of telecommunications services. Staff, therefore, recommends Commission approval that TWCIS has successfully registered as a Wholesale communications provider subject to the following conditions: 1. The Company complies with number pooling and reporting requirements of the North American Numbering Plan Administrator, as set forth in Commission Order No. 30425; and 2. Time Warer provides necessar reports and contributes as appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay System, Idaho Telecommuncations Service Assistace Program, and complies with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers. Respectfully submitted this 7Ð~day of November 2011. //...~eiPri~ Deputy Attorney General Technical Staff: Grace Seaman i:umisc:commentstimtl L lnpgs comments STAFF COMMENTS 3 NOVEMBER 30, 2011 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I HAVE THIS 30TH DAY OF NOVEMBER 2011, SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN CASE NO. TIM-T-11-01, BY EMAILING AND MAILING A COPY THEREOF, TO THE FOLLOWING: STACY HANNAH SENIOR MGR REGULATORY TIME WARNER CABLE INFORMATION SERVICES (Idaho), LLC 13820 SUNRISE VALLEY DR HERNDON VA 20171 E-MAIL: twc. phone.complaints(ftwcable.com JOHN R HAMMOND JR BATT FISHER PUSCH & ALDERMAN LLP PO BOX 1308 BOISE ID 83701 E-MAIL: jrh(fbattfisher.com Ji~SECRET Y.. - CERTIFICATE OF SERVICE