HomeMy WebLinkAbout19970730Decision Memo.doc DECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER NELSON
COMMISSIONER SMITH
MYRNA WALTERS
STEPHANIE MILLER
DAVE SCHUNKE
DON HOWELL
BRAD PURDY
JOE CUSICK
BILL EASTLAKE
WAYNE HART
BIRDELLE BROWN
BEVERLY BARKER
DAVID SCOTT
TONYA CLARK
WORKING FILE
FROM: CAROLEE HALL
DATE: JULY 30, 1997
RE: TEL-SAVE, INC., D.B.A. THE PHONE COMPANY (TEL-SAVE) CASE NO. TSV-T-97-01 APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE SERVICE AS A COMPETITIVE LOCAL CARRIER.
BACKGROUND
On April 29, 1997, Tel-Save, Inc. d/b/a The Phone Company (Tel-Save) filed an Application for a Certificate of Public Convenience and Necessity (CPCN) in compliance with the Commissions Rules of Procedures, IDAPA 31.01.01.111 and Procedural Order No. 26665. Tel-Save is seeking the Commissions approval to provide basic local exchange services as regulated under Title 61, Idaho Code, and as authorized by the Federal Telecommunications Act of 1996. Tel-Save is currently authorized to provide long distance telecommunications services within the State of Idaho under the authority of Title 62, Idaho Code. Tel-Save intends to offer services on a resale basis within the U S WEST and GTE regions. As yet, Tel-Save has not completed interconnection agreements with either local exchange carrier. On June 3, 1997, a Notice of Modified Procedure was issued. There were no other comments filed except for those submitted by Staff on June 24, 1997.
DISCUSSION
Staff has reviewed the information provided by Tel-Save with its Application and finds that overall, it meets the requirements of the Commissions Procedural Order No. 26665. Tel-Save has agreed to comply with the Commissions rules and regulations as set forth in the Rules of Procedure (IDAPA 31.01.01). Tel-Save has requested certain waivers from Rules 503 and 102.03 pertaining to Repair Service Standards and Press Release for Rate Increases respectively.
Rule 503 states that if a telephone company does not restore service within the times and conditions required by the rule, the telephone company must credit the customers account for an amount equal to the monthly rate for one (1) month of basic local exchange service.
Following Staffs comments submitted on June 24, 1997 and after reviewing Tel-Saves acceptance of Staffs comments, Tel-Save has agreed to comply with this rule. Tel-Save currently does not have any plant facilities and is aware that this issue must be addressed its interconnection agreements with the incumbent local exchange companies. Tel-Save has indicated in its letter to Staff that it is willing to accept the Commissions authority and operate in accordance with Rule 503.
Rule 102.03 requires that a local exchange company requesting a rate change send a press release containing, at minimum, the same information presented to the customer in their bill. The notices are to be sent to all newspapers and radio and television stations listed on the Commissions news organization list for that company. The press releases are to be mailed or delivered simultaneously with the filing of the Application. A copy of the press release is to be filed with the Application for change in rates as well.
Staff reviewed Tel-Saves request for a waiver from that portion of the rule that requires television and radio medias and found it to be reasonable and is willing to recommend approval.
STAFF RECOMMENDATION
Staff has reviewed the Application from Tel-Save and the Companys July 9, 1997 letter as well. Tel-Save has accepted Staffs recommendations and fulfilled all the requirements as set forth in Commission Rules of Procedure, IDAPA 31.01.01.111 and Procedural Order No. 26665. Staff finds Tel-Save to be in compliance with all Commission requirements for the issuance of a Certificate of Public Convenience and Necessity. Staff recommends approval of Tel-Saves Application and the issuance of a Certificate.
COMMISSION DECISION
Does the Commission wish to grant Tel-Save, Inc. d/b/a The Phone Company a Certificate of Public Convenience and Necessity?
Carolee Hall
corresp\dmemos\tsv-t-97.wpd
DECISION MEMORANDUM 1 JULY 30, 1997