29095_errata.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE VOLUNTARY CANCELLATION OF TSUNAMI COMMUNICATIONS, INC.’S CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NO. 365. )
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) CASE NO. TSU-T-02-01

CERTIFICATE NO. 365

ORDER NO. 29095

On July 29, 2002, Tsunami Broadband, Inc. notified the Commission that it desired to discontinue providing local exchange service to its Idaho customers effective July 31, 2002. On July 9, 2002, Tsunami issued a notice to its customers advising them that their telephone service would be transferred to Qwest Corporation but that Tsunami will continue to provide internet and digital satellite cable services. Tsunami resells local telephone service (from Qwest) and has approximately 200 end-user customers. Customers were instructed to contact Qwest to transfer their service. Qwest will waive the conversion charge and customers may retain their current telephone number.
Tsunami also requested its Certificate of Public Convenience and Necessity No. 365, be withdrawn. Tsunami had previously received a certificate from the Commission authorizing it to provide prepaid local service pursuant to Order No. 28584. This Order also required that Tsunami acquire an indemnity bond in the amount of $40,000.
DISCUSSION
The Commission Staff reported that only 35 of the 200 Tsunami customers have transferred their local service to Qwest. Staff requested and Tsunami agreed to continue providing local service until August 10, 2002, so that local service could be converted without disruption. Qwest is concerned that it might not receive the individual authorization from all customers to switch their service before August 10. Consequently, Qwest requests that the Commission issue a directive that Qwest may provide local service via the primary lines for the unswitched Tsunami’s customers to avoid a disruption in service.
Idaho Code § 62-612 provides that a telephone corporation providing basic local exchange service may not discontinue such service unless there are “alternative” companies providing local service. This section also provides that a company proposing to discontinue local service must first notify the Commission. In this case the Commission was notified a mere two days before the service was proposed to be terminated. Service is now scheduled to be terminated on August 10 but many customers have not contacted Qwest (the underlying carrier) or apparently selected another carrier for local service.
To avoid the impending disruption of local service, we find that it is reasonable in this instance to permit Qwest to provide local service to those former Tsunami customers that have not changed to another local carrier. This conversion shall be without charge and customers may later select another local carrier if they desire to do so.
Based upon the request of the Company, the Commission finds that it is appropriate to cancel Tsunami Communications’ Certificate of Public Convenience and Necessity No. 365. Order No. 28584 approving Tsunami’s Application to conduct business also required the Company to acquire an indemnity bond in the amount of $40,000. Given the request to withdraw its Certificate and Staff’s recommendation, we further find that the bond may be terminated 90 days from the date of this Order.
O R D E R
IT IS HEREBY ORDERED that Tsunami’s request to withdraw its Certificate of Public Convenience and Necessity is granted. The Commission hereby cancels Certificate No. 365 granted to Tsunami Communications, Inc. The Commission Secretary also may cancel Tsunami’s Idaho tariffs.
IT IS FURTHER ORDERED that Tsunami’s indemnity bond required per Order No. 28584 may be canceled 90 days from the date of this Order.
IT IS FURTHER ORDERED that Qwest shall provide local service to those former Tsunami customers that have not selected another local carrier. Qwest shall notify the converted customers of the service transfer and that customers may chose another local carrier, if available.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. TSUT0201 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 No. TSU-T-02-01. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61-626 and 62-619.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of August 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

vld/O:GNRT0031_dh

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE VOLUNTARY CANCELLATION OF TSUNAMI COMMUNICATIONS, INC.’S CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NO. 365. )
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CASE NO. TSU-T-02-1

ERRATA TO
ORDER NO. 29095
On August 8, 2002, IPUC Order No. 29095 was issued by this Commission. The following change should be made to that Order:

Any reference to:
“Certificate No. 365”

Should Read:
“Certificate No. 385”

DATED at Boise, Idaho this day of August 2002.

Jean D. Jewell
Commission Secretary

bls/O:TSUT0201_errata

ORDER NO. 29095 2

Office of the Secretary
Service Date
August 8, 2002

Office of the Secretary
Service Date
August 13, 2002