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HomeMy WebLinkAbout20190412final_order_no_34308.pdfOffice of the Secretary Service Date April 12,2019 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION )CASE NO.TML-T-19-01 OF TDS METROCOM,LLC FOR A )CERTIFICATE OF PUBLIC CONVENIENCE ) AND NECESSITY )ORDER NO.34308 On February 1,2019,TDS Metrocom,LLC (the Company)applied for a Certificate of Public Convenience and Necessity (CPCN)allowing it to provide telecommunications service in Idaho.The Company amended its application on February 6,2019 to include a new price list.I The Commission issued a Notice of Application and Notice of Modified Procedure setting an April 9,2019 comment deadline and an April 16,2019 reply deadline.Order No.34279. The Commission's Staff filed the only comments,and recommended the Commission approve the Company's Application and issue a CPCN subject to certain conditions.The Company then filed correspondence stating it agreed with Staff's comments and would not be filing a reply. Having reviewed the record,the Commission issues this Order approving the Company's Applicationas follows. THE APPLICATION The Company is a Delaware corporation authorized to do business in Idaho.The Company is wholly-ownedby TDS Long Distance Corporation.TDS Long Distance Corporation is wholly-ownedby TDS Telecommunications LLC (TDS Telecom),which is wholly-ownedby Telephone &Data Systems,Inc.(TDS).The Company is affiliated with Potlatch Telephone Company dba TDS Telecom and TDS Long Distance Corporation,which have operated in Idaho for years. The Company would provide facilities-based competitive telecommunications service through its own loop and switching and transport facilities and through agreements with other carriers.Services would include transport and termination of interexchange toll services to be provided via the Company's network and through use of other long distance carriers. The Company initially would serve residences and businesses near Coeur d'Alene, Hayden,Post Falls,and Rathdrum,Idaho,but it requested a CPCN that would allow it to provide 'In this Order,the Commission refers to the application and amended pricelist together as the "Application." ORDER NO.34308 1 access to resold and facilities-based local and interexchange services throughout Idaho.The Company expects to compete with Time Warner,Charter,and Frontier.The Company has not started to negotiate interconnection agreements,but it would do so shortlyafter the Application is approved.The Company represented it would not require customers to pay advance deposits.The Company agreed to comply with the Commission's rules. STAFF COMMENTS Staff reviewed the Company's Application for compliance with the requirements to obtain a CPCN,and confirmed the Company has satisfied those requirements.Staff believes the Company understands and will comply with the Commission's rules and requirements.Staff also believes the Company has the financial,managerial,and technical qualifications to provide telecommunications services.Staff thus recommended the Commission issue the Company a CPCN on condition that the Company must comply with (1)the number pooling and reporting requirements of the North American Number Plan Administrator (NANPA);(2)the reporting and contribution requirements for Idaho's Universal Service Fund (USF),Telecommunications Relay Services (TRS)program,and Idaho Telecommunications Service Assistance program (ITSAP); and (3)future reporting requirements as may be imposed by the Commission. DISCUSSION AND FINDINGS Based on our review of the record,we find that the Company's Application complies with the requirements to obtain a CPCN.Rule of Procedure 114 sets the requirements that competitive local exchange carriers-such as the Company-mustsatisfy to obtain a CPCN. IDAPA 31.01.01.114.We find that the Company has satisfied Rule 114.The Company has provided all needed information in its Application,includingfinancial information.The Company also has the financial,managerial,and technical qualifications needed to operate as a telecommunications service provider,and it has reviewed and agreed to comply with this Commission's rules.We thus find it reasonable to approve the Company's Application for a CPCN,subject to these conditions: 1.The Company must comply with the NANPA's number pooling and reporting requirements.See Rule 114.08 and Commission Order No.30425. 2.The Company must comply with all reporting and contribution requirements for the ITSAP,USF,and TRS program.See Idaho Code §§56-904,61-1304, and 62-610;IDAPA 31.46.01 and 31.45.02;and Commission Order Nos. 32637,32524,and 32526. ORDER NO.34308 2 3.The Company must comply with all future reporting requirements that the Commission deems appropriatefor competitive telecommunications providers. ORDER IT IS HEREBY ORDERED that the Company's Application for a CPCN is granted subject to the conditions outlined above. 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.Within seven (7) days after any person has petitioned for reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §62-619. DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /Z day of April,2019. PAUL KJELLA ,PRESIDENT KRIŠTINERAPER,CCCMISSIONER ERIC ANDERSON,COMMISSIONER Diane M.Hanian Commission Secretary I:\Legal\TELEPHONE\TML-T-19-Ol\orders\TMLTl901fmalorder_kk ORDER NO.34308 3