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HomeMy WebLinkAbout20170609final_order_no_33767.pdfOffice of the Secretary Service Date June 9,2017 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ) TANAGER TELECOMMUNICATIONS,LLC FOR )CASE NO.TTL-T-09-O1 CANCELLATION OF ITS CERTIFICATE OF ) PUBLIC CONVENIENCE AND NECESSITY NO.488)ORDER NO.33767 ____________________________________________________________________________________________________ ) On April 25,2017,Tanager Telecommunications,LLC (the Company)asked the Commission to cancel the Company’s Certificate ofPublic Convenience and Necessity (CPCN)No. 488,along with the Company’s associated certificates,pricelists and tariffs.In support of its request, the Company stated that it does not currently operate in Idaho,and has no Idaho customers.The Company also indicated it “would be appreciated”if its $50 check for the Company’s 2017 regulatory assessment fee were returned. Commission Staff reviewed the Company’s CPCN cancellation request.Staff recommended that the Commission grant the request,and stated that no customers will be impacted by canceling the CPCN.To the extent the Company intended to object to its regulatory fee,Staff recommended that the fee not be returned.This Commission now grants the Company’s request to cancel CPCN No.488.However,the Company has not articulated a basis upon which we should refund the Company’s statutorily-required fee. COMMISSION FINDINGS As to the request to cancel CPCN No.488,we find that the Company has no Idaho customers and does not operate in Idaho,thus canceling the CPCN would not harm Idaho customers. Accordingly,we find it reasonable and appropriate to cancel the CPCN.along with the Companys pricelists and tariffs on file with the Commission,and grant the requested cancellation.We deny the Company’s request for a refund of its regulatory fee.Idaho Code §61-1007 provides for an objection to regulatory assessment fees if a company asserts that the assessment is erroneous, excessive,unlawful or invalid.Tanager made no such assertion.In fact,Tanager paid the fee when it received its assessment.Consequently,we are aware of no basis to grant reimbursement. Accordingly.the Company’s request for reimbursement is denied. ORDER NO.33767 1 ORDER IT IS HEREBY ORDERED that the Company’s request for cancellation of its CPCN No, 488 is granted.The Company’s CPCN No.488,price lists,and tariffs are canceled and no longer in effect,and the Company is no longer authorized to provide telecommunications services in Idaho. IT IS FURTHER ORDERED that the Company’s request for reimbursement of its 2017 special regulatory fee is denied. THIS IS A FINAL ORDER.Any person interested in this Order or in interlocutory Orders previously issued in this case 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.Within seven (7)days after any person has petitioned for reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §§62-619 and 61-626. DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of June 2017. ATTEST: Diane M.Hanian Commission Secretary bls/O:TTL-T-09-Olsc Cancel ANDERSON,COMMISSIONER ORDER NO.33767 2