20170602Decision Memo.pdf

DECISION MEMORANDTTM
TO COMMISSIOI\IER KJELLAI\DER
COMMISSIOI\IER RAPER
COMMISSIONER AIIDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM: SEAII COSTELLO, DEPUTY ATTORNEY GEI\ERAL
DATE: JIINE 1,2017
STiBJECT: TANAGER TELECOMMTTNICATIONS, LLC's RBQUEST TO CAI\CEL
CERTIFICATE NO.488; CASE NO. TTL-T-09-01.
At its May ll, 2017, decision meeting, the Commission orally approved a request by Tanager
Telecommunications, LLC (the Company) to cancel its Certificate of Public Convenience and Necessity
(CPCN) No. 488 because the Company does not currently operate or have customers in Idaho. However,
as part the Company's April 25,2017, request for cancellation, it also requested a refund of its 2017 $50.00
special regulatory fee. This request was inadvertently omitted from Staff s decision memorandum and thus
not specifically addressed at the Miy 11,2017 meeting. At its May 30,2017, decision meeting, the
Commission orally approved a refund of the $50.00 special regulatory fee. However, the question placed
before the Commission for a vote was framed in an uncleax manner, and the decision before the
Commission needs to be clarified.
STAFF RECOMMEI\DATION
The Company was registered with the Commission to provide basic local exchange
telecommunications services in Idaho n 2016. The 2017 special regulatory fee, assessed to all entities
falling within the Commission's jurisdiction, was assessed retroactively for calendar year 2016 in April
2017. See ldaho Code S 6l-1004. Typically this fee is based on a utility's gross revenues, but "[i]n no
case shall be less than fifty dollars ($50.00)." Idaho Code $ 61-1004(4).
Although the Company stated that it conducted no business in Idaho in 2016, it was actively
registered with the Commission to conduct business, and, therefore, subject to its jurisdiction, including the
statutorily prescribed special regulatory fee. Accordingly, Staffbelieves the Company remains responsible
for the 2017 baseline $50.00 special regulatory fee, and should not be refunded the amount.
COMMISSION DECISION
l. Does the Commission wish to approve or deny the Company's requested refund of the
$50.00 special regulatory fee?
L
Sean Costello
Deputy Attomey General
M:TTL-T-09-01 sc2