20101014notice_of_application_order_no_32089.pdf

Office of the Secretary
Service Date
October 14 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF TRIARCH MARKETING, INc. FOR CASE NO. TRI-IO-
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO NOTICE OF APPLICATION
PROVIDE LOCAL EXCHANGE
TELECOMMUNCATIONS SERVICES.NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 32089
On February 24, 2010, Triarch Marketing, Inc. filed an Application for a Certificate
of Public Convenience and Necessity (CPCN) to provide resold and facilities-based local
exchange telecommunications services in Idaho.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Triarch seeks authority to provide all forms of
intrastate local exchange and interexchange telecommunications services. The Company has no
current plans to install its own facilities in Idaho.
YOU ARE FURTHER NOTIFIED that the Company s Application states that it
intends to provide resold and facilities-based local exchange service utilizing unbundled network
elements in areas currently served by Qwest North, Qwest South, and Verizon. Triarch has not
yet initiated interconnection negotiations with incumbent local exchange carriers (ILECs) in
Idaho.
YOU ARE FURTHER NOTIFIED that the Company s Application states it will not
require customers to submit advance payments or deposits in exchange for service; therefore, no
escrow account is necessary.
YOU ARE FURTHER NOTIFIED that Triarch is incorporated under the laws of
Louisiana. A Certificate of Authority to transact business was issued by the Idaho Office of the
Secretary of State in January 2010. Triarch lists Incorp Services, Inc. as its Idaho registered
agent for service of process.
YOU ARE FURTHER NOTIFIED that Triarch states that it has reviewed the laws
and regulations of this Commission governing local exchange telecommunications services in
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32089
Idaho and agrees to provide service in accordance with the laws, rules and regulations to the
extent they are not preempted by the federal Act.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has preliminarily
determined that the public interest may not require a formal hearing in this matter and will
proceed under Modified Procedure pursuant to the Commission s Rules of Procedure 201
through 204, IDAP A 31.01.01.20 I through .204. The utilization of Modified Procedure and
written comments have proven to be an effective means for obtaining public input and
participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21) days from the service date of this Notice. The comment must contain a
statement of reasons supporting the comment. Persons desiring a hearing must specifically
request a hearing in their written comments. Written comments concerning this Application
shall be mailed to the Commission and the Applicant at the addresses reflected below:
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Lance J.M. Steinhart
Lance lM. Steinhart, P.
1720 Windward Concourse, Suite 115
Alpharetta, GA 30005
E-mail: Isteinhart(fYtelecomcounsel.com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5918
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission s home page located at www.puc.idaho.gov. Click the "Comments and Questions
icon and complete the comment form using the case number as it appears on the front of this
document. These comments must also be sent to the Applicant at the e-mail address listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set, the Commission will consider this matter on its merits and
enter its Order without a formal hearing. If written comments are received within the time limit
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUREORDER NO. 32089
set, the Commission will consider them and, in its discretion, may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application and supporting workpapers
have been filed with the Commission and are available for public inspection during regular
business hours at the Commission offices. The Application and other workpapers are also
available on the Commission s web site at www.puc.idaho.gov by clicking on "File Room" and
then "Telephone Cases.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Title 61 and 62 of the Idaho Code and specifically Idaho Code ~~ 61-526
through 62-615. The Commission may enter any final Order consistent with its authority under
Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that the Application of Triarch Marketing, Inc. be
processed by Modified Procedure. Persons interested in submitting written comments regarding
this case or protesting the use of Modified Procedure should do so no later than twenty-one (21)
days from the service date of this Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32089
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this tf fA
day of October 2010.
ATTEST:
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32089
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JIM D. KEMPTON, PRESIDENT
MARSHA H. SMITH, COMMISSIONER