20190510final_order_no_34332.pdf

Office of the Secretary
Service Date
May 10,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )CASE NO.TLX-T-18-01
TELIAX,INC FOR REGISTRATION AS A )
RETAIL AND WHOLESALE )TELECOMMUNICATIONS PROVIDER IN )ORDER NO.34332
IDAHO )
On November 21,2018,Teliax,Inc.("Teliax"or "Company")filed an Application
with the Commission for certification as a retail and wholesale provider of telecommunications
service in Idaho.On March 26,2019,the Commission issued a Notice of Application and Notice
of Modified Procedure.Order No.34288.Commission Staff filed the only comments.The
Commission now issues this Order approving the Application subject to stated conditions.
THE APPLICATION
Teliax is a provider of telecommunications services incorporated in the State of
Colorado and with its principal place of business in Denver,Colorado.Application at 2.Teliax
proposes to offer wholesale and retail competitive telecommunications service,including local
exchange and exchange access services within the State of Idaho using its own facilities and
services available from other facilities-based carriers.Id While Teliax is requesting statewide
authority,it intends to initiallyprovide service in areas where CenturyLinkis the incumbent local
exchange carrier.Id The Company intends to utilize its own switching facilities,as well as leased
and resold transport facilities and services from other carriers.Id
Teliax provided its current profit and loss statements with its Application.Id,Ex.D.It
also provided a copy of its switched access service tariff and a website link to its rates,terms,and
conditions.Id,Ex.E.On March 11,2019,Teliax provided an updated version of its switched
access service tariff.
Teliax provided a contact for tariff and price list questions,as well as customer
complaints and inquiries.Id On March 8,2018,Idaho's Secretary of State certified that Teliax is
authorized to transact business in Idaho.Id.,Ex.A.Teliax stated that it will comply with all Idaho
laws and Commission Rules and Regulations and acknowledges that if it obtains numbering
ORDER NO.34332 1
resources in Idaho,it will be subject to numbering conservation,pooling,and utilization measures.
Id.at 3.
THE COMMENTS
Staff filed the only comments in this matter and recommends Commission approval of
the Application.Staff believes Teliax understands the requirements of Commission Rule of
Procedure 114 and Commission Order No.32277,and that it possesses the requisite financial,
managerial,and technical qualifications necessary to provide telecommunications services in
Idaho.
COMMISSION FINDINGS AND DECISION
Based on our review of the record,including Teliax's Application and Staff's
comments,we find that the Application complies with the requirements of Commission Rule of
Procedure 114 and Commission Order No.32277.We find that Teliax has provided all needed
information in its Application,including financial information,and that Teliax possesses the
requisite financial,managerial,and technical qualifications needed to operate as a
telecommunications service provider.We also find that Teliax is aware of and has agreed to
comply with this Commission's rules.For these reasons,we approve Teliax's Application for a
Certificate of Public Convenience and Necessity (CPCN)subject to the followingconditions:
1.Teliax shall comply with all number pooling and reporting requirements of the North
American Number Plan Administrator,as set forth in Commission Order No.30425
and Rule l 14.08;
2.Teliax shall complywith all reporting and contribution requirements as prescribed by
the IdahoUniversal Service Fund,IdahoTelecommunications Relay System,and Idaho
Telecommunications Service Assistance Program;
3.Teliax shall complywith all future reporting requirements deemed appropriateby the
Commission for competitive telecommunications providers;and
4.Teliax shall provide a report to the Commission within one year of issuance of the
CPCN demonstrating Teliax is providing local exchange telecommunications services
in Idaho.'The report shall state how many and what percentage of Teliax's Idaho
i The Commission has no jurisdiction to certify an entity that does not provideswitched-based telecommunications
services in Idaho.For example,the Commission does not regulate fiber optic companies that providededicated private
line circuits or dark fiber layers who seek to avail themselves of an incumbent local exchange carrier's poles and
conduits.Teliax thus must show it is providing switched telecommunications services subject our jurisdiction.
ORDER NO.34332 2
customers are receiving local exchange telecommunications services.The report shall
also state how many of the customers receiving local exchange telecommunications
services are residential customers and how many are small business customers.2
Teliax fails to provide such report within one year,Teliax shall relinquish its CPCN
and all telephone numbers it has been assigned.
ORDER
IT IS HEREBY ORDERED that Teliax's Application for a CPCN is granted subject to
the above-stated conditions.
THIS IS A FINAL ORDER.Any person interested in this 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-
626,62-619.
2 Idaho Code §62-603(l1)defines small business customers as "a business entity,whether an individual,partnership,
corporation or any other business form,to whom telecommunication services are furnished for occupational,
professional or instructional purposes,and which business entity does not subscribe to more than five (5)access lines
which are billed to a single billing location."
ORDER NO.34332 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /
day of May 2019.
PAUL KJELL I kÀRESIDENT
KRISÌINERAPER,C MISSIONER
ÈRIC ANDERSON,COMMISSIONER
ATTEST:
Diane M.Hanian
Commission Secretary
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ORDER NO.34332 4