HomeMy WebLinkAbout19970918Order No 27137.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF TEL-SAVE, INC. d/b/a THE PHONE COMPANY (TEL-SAVE) FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE SERVICE AS A COMPETITIVE LOCAL CARRIER.
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ORDER NO. 27137
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 a regulated public utility 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, the Commission issued a Notice of Modified Procedure soliciting comments in response to Tel-Saves Application. The only comments filed were submitted by the Commission Staff on June 24, 1997.
Staffs Analysis
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, however, 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 in 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 customers in their bills. 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. Tel-Save subsequently agreed to comply with this rule.
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 of Public Convenience and Necessity.
F I N D I N G S
Order No. 26665, issued in Case No. GNR-T-96-4 sets forth the filing requirements for applicants seeking authority to operate as local exchange carriers within the state of Idaho. As Staff notes, Tel-Save has complied with all of the Commissions filing requirements. Based on the foregoing, and the lack of opposition to Tel-Saves Application, we find that it would be in the public interest to grant Tel-Saves Application and issue it a Certificate of Public Convenience and Necessity. Said Certificate will be issued upon approval by this Commission of Tel-Saves interconnection agreements.
O R D E R
IT IS HEREBY ORDERED that Tel-Saves Application is approved, consistent with the terms and conditions set forth above. Tel-Save will be issued a Certificate of Public Convenience and Necessity upon the filing and approval of Tel-Save interconnection agreements.
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. TSV T 97 1 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. TSV T 97 1 . Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 61 626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of September 1997.
DENNIS S. HANSEN, PRESIDENT
RALPH NELSON, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
vld/O:TSV T 97 1.bp
ORDER NO. 27137 -1-
Office of the Secretary
Service Date
September 18, 1997