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HomeMy WebLinkAbout20041122Final Order No 29637.pdfOffice of the Secretary Service Date November 22, 2004 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF TRANS NATIONAL COMMUNICATIONS INTERNATIONAL, INC. FOR A CERTIFICATE 0 F PURL I C CO NVENIEN CE AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECO MMUNI CA TI 0 NS SER VI CES. ORDER NO. 29637 CASE NO. TIN-O4- On July 1 , 2004, Trans National Communications International, Inc. ("Trans National" or "Company ) filed an Application for a Certificate of Public Convenience and Necessity to provide basic local exchange telecommunications service throughout the State Idaho in the areas in which Qwest Corporation is the incumbent local exchange carrier. In the Notice of Application and Modified Procedure issued October 19 , 2004, the Commission solicited comments regarding Trans National's Application. Order No. 29616. No comments were received other than those submitted by Commission Staff. Based on the comments, the law and the record, the Commission grants Trans National's Application. THE APPLICATION Trans National is a Delaware corporation and is authorized to transact business in the State of Idaho as a foreign corporation. The Company is currently authorized to and is providing resold interexchange service in the contiguous 48 states and Hawaii. The Company also has authority to provide local exchange service in 18 states, and is in the process of obtaining authority in 13 additional states. Trans National intends to provide all forms of local exchange services using resold facilities-based unbundled network elements to business and residential customers in Idaho. These resold services include two-way local lines/trunks, Centrex, ISDN and DSL services. Trans National also proposes to provide associated local calling (usage) for these access lines including message rate service for business customers and the required calling options for residential customers. It will offer, also on a resold basis, operator assistance services, lifeline hearing impaired services, directory assistance and directories, free 900 prefix call blocking and switched access services. It will also offer intraLATA and interLATA toll services on a 1+ and 0+ basis. ORDER NO. 29637 Trans National will serve the exchanges as mapped and described by Qwest Corporation. The local calling area for Trans National's customers will be the same as the incumbent carrier s existing exchange boundaries. This means that Trans National's customers will have the same local calling area as if they remained customers of the incumbent carrier. Trans National understands that it will automatically mirror any future modifications to these exchange boundaries or legal description of these boundaries on a going forward basis. If not mirrored, new detailed maps and legal descriptions, on an individual exchange basis, will be filed with the Commission for approval. According to its Application, Trans National will implement the procedures necessary to prevent deceptive and unfair marketing practices, and will comply with applicable Commission service and billing standards. Trans National also intends to comply with the applicable intraLA T A access requirements of incumbent local exchange telephone companies. Furthermore, the Company agrees to comply with the applicable provisions and all rules regulations, and laws applicable to it, unless it has requested and received a waiver from the Commission. To the extent economically and technically feasible, Trans National is willing and able to provide service to all customers in the same service classification in its designated geographical service areas in accordance with its tariff offerings. Trans National asserts it is financially, managerially, and technically qualified to possess authority to provide local exchange service. In particular, the Company states it has access to the financing and capital necessary to conduct its telecommunications operations as specified in its Application. The Company asserts that its senior management has extensive experience in management and telecommunications service. Because Trans National will be providing local exchange service initially through resale only, the Company will also rely upon the managerial and technical expertise of the incumbent local exchange carriers that have been certified and deemed technically and managerially able to provide local exchange service by the Commission. Trans National argues that granting its Application is in the pubic interest because it will provide Idaho consumers with an enhanced range of telecommunications services, will increase customer choice, will encourage carriers to provide more efficient service at lower prices, will provide users with greater reliability, and will create competitive pressure on carriers to provide more responsive customer service. Trans National submits that its entry will bolster ORDER NO. 29637 competition for the provision of local telecommunications services, which is essential to the state s continued economic health and well being. STAFF COMMENTS Trans National has provided Staff with financial sheets for quarters ending December , 2002 and 2003 and appropriate contact information for its registered agent for service of process within Idaho. Staff has reviewed the Application submitted by Trans National and believes the Company understands and agrees to comply with the Commission rules and requirements. Based on this review, the Company s filing fulfills the requirements of the Commission Rules and Procedural Order No. 26665. The Staff believes that the Company possesses the requisite financial, managerial, and technical qualifications necessary to operate as a provider of telecommunications services.Therefore, Staff recommends approval of the Application for a Certificate of Public Convenience and Necessity. COMMISSION FINDINGS Based on the comments, the law and the record, the Commission grants the Application. When considering an application for a Certificate, the Commission must determine if the applicant has the necessary qualifications to provide service while still fostering competition in the local telecommunications market. Based upon our review of the filing and the record in this case, the Commission finds that Trans National's filing satisfies the requirements of the Commission s Rules and Procedural Order No. 26665. Id. Thus, we approve Trans National's Application for a Certificate of Public Convenience and Necessity (and requested waivers) to allow the Company to provide telecommunications services statewide. This is consistent with our previous Orders granting statewide authority to provide telecommunications services to carriers meeting the established requirements. ORDER IT IS HEREBY ORDERED that Trans National Communications International, Inc. is granted a Certificate of Public Convenience and Necessity to provide basic local exchange services within the State of Idaho. THIS IS A FINAL ORDER. Any person interested in this Order or in interlocutory Orders previously issued in this case 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 or in interlocutory Orders previously issued in this case. Within seven (7) days after any person has ORDER NO. 29637 petitioned for 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 November 2004. MARSHA H. SMITH, COMMISSIONER ATTEST: J 4 D. Jeweli CCffi1mission Secretary O:TINT0401 In2 ORDER NO. 29637