20130619Comments.pdf

KARL KLEIN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
472 W . WASHTNGTON STREET (83702)
PO BOX 83720
BOISE, IDAHO 83720-0074
Tel: [phone]
Fax: [phone]
Idaho Bar No. 5156
Attorney for the Commission Staff
IN THE MATTER OF TNCI OPERATING
COMPANY LLC'S APPLICATION FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE AND EXCHANGE ACCESS
TELECOMMUNICATIONS SERVICES.
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cAsE NO. TOC-T-13-01
COMMENTS OF THE
COMMISSION STAFF
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BEFORE THE IDAHO PUBLIC UTILTTIES COMMISSION
BACKGROUND
On April 30,2013, TNCI Operating Company LLC ("TNCI-OpCo" or "Company")
applied to the Commission for a Certificate of Public Convenience and Necessity ("CPCN")
authorizing the Company to provide resold and facilities-based local exchange and exchange
access telecommunications services in Idaho. On May 7,2073, the Company amended the
Application by filing revised price lists.r
On May 29,2013, the Commission issued a Notice of Application and Notice of
Modified Procedure that asked interested persons to submit written comments by June 19,2013.
See Order No. 32818. Commission Staff submits these comments pursuant to that Order.
I The Application, as amended by the revised price lists, is referred to in these comments as the "Application."
STAFF COMMENTS JUNE 19,2OI3
STAFF REVIEW
TNCI-OpCo is a Delaware limited liability company that is authorized to do business in
Idaho.2 Its principal place of business is in Santa Barbara, California and its registered agent in
Idaho is listed as the Corporation Service Company located in Boise.3 The Company is wholly
owned and managed by TNCI Holdings LLC. Application at3-4.
TNCI-OpCo states it does not yet provide telecommunications services in Idaho, nor does
it plan to build new facilities, but instead is buying Trans National Communications Inc.'s
("Trans National") bankruptcy assets and will operate that business as configured. Id. at 2.
Trans National is an authorized Competitive Local Exchange Carrier ("CLEC") in Idaho.a
The Company says it has not yet entered into or requested interconnection/resale
agreements in Idaho. But where necessary, the Company has made arrangements with
underlying carriers to assume the existing interconnection/resale agreements of Trans National as
part ofthe bankruptcy process. Id. at6.
The Company asserts that it is financially,s managerially, and technically qualified to
establish and operate its proposed telecommunications operations in Idaho. The Company also
notes that its managers have significant experience in the telecommunications industry, and that
it will share many of Trans National's customer service, technical, operational, and managerial
personnel. Id. at2-3.
The Company states that it will comply with Idaho law and the Commission's rules and
will start providing service consistent with the Commission's approval of the Application. Id. at
4 and 6.
RECOMMENDATION
Staff has reviewed TNCI-OpCo's Application for a CPCN and believes the Company
understands and agrees to comply with the Commission rules and requirements. Based on this
review, Staff believes TNCI-OpCo's filing fulfills the requirements of the Commission Rules
and Procedural Order No. 26665. Staff believes TNCI-OpCo possesses the requisite financial,
managerial, and technical qualifications necessary to operate as a provider of
2 See Exhibit C, Secretary of State's Certificate of Authority of TNCI Operating Company LLC.
3 See Exhibit C, Secretary of State's Application for Certificate of Authority for Foreign Limited Liability Company.
a See Case No. TIN-T-04-01, Commission Order No. 29637 and Certificate No. 438.
' The Company provides pro forma financial information to support its Application.
STAFF COMMENTS JLINE 79,2013
telecommunications services. Staff, therefore, recommends approval of the Application for a
Certificate of Public Convenience and Necessity subject to the following conditions:
l. TNCI-OpCo complies with number pooling and reporting requirements of the North
American Numbering Plan Administrator, as set forth in Commission Order No, 30425;
2. TNCI-OpCo provides necessary reports, and contributions as appropriate to the Idaho
Universal Service Fund,Idaho Telecommunications Relay System, Idaho Telecommunications
Service Assistance Program, and complies with all future reporting requirements deemed
appropriate by the Commission for competitive telecommunications providers;
3. Prior to issuance of the Certificate, TNCI-OpCo files a final price list with all its
rates, terms and conditions with the Commission; and
4. TNCI-OpCo will relinquish its Certificate and all telephone numbers if, within one
year of issuance of a CPCN, the Company is not providing local exchange telecommunications
service in Idaho.
^ 14-
l ol day of June 2013.Respectfully submitted this
Technical Staff: Grace Seaman
i:umisc:comments/toctl3. lkkgs comments
Karl Klein
Deputy Attorney General
STAFF COMMENTS JI.INE 19,2OI3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 19TH DAY OF JUNE 2013,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. TOC-T-13-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
JEAN L KIDDOO
BRETT P FERENCHAK
BINGHAM McCUTCHEN LLP
2O2O K ST NW
WASHINGTON DC 20006-1 806
CERTIFICATE OF SERVICE