20090731Comments.pdf

KRISTINE A. SASSER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BARNO. 6618
RECE D
2809 JUL 31 AM II: 39
IDAHO PU8L1C
UTILITIES COMMiSSI
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
VELOCITY THE GREATEST PHONE )
COMPANY EVER, INC. FOR A CERTIFICATE )
OF PUBLIC CONVENIENCE AND NECESSITY )
TO PROVIDE LOCAL EXCHANGE )
TELECOMMUNICATIONS SERVICES. )
)
CASE NO. VGP- T -09-01
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Kristine A. Sasser, Deputy Attorney General, and in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 30854 on July 10,2009, in Case
No. VGP-T-09-01, submits the following comments.
BACKGROUND
On June 4,2009, Velocity The Greatest Phone Company Ever, Inc. (Velocity) fied an
Application for a Certificate of Public Convenience and Necessity (CPCN) to provide resold local
exchange telecommunications services in the State of Idaho. The Application states that the
Company proposes to provide resold local exchange services throughout the areas served by Qwest
North, Qwest South, and Verizon. The Company curently has no plans to install facilties in Idaho.
STAFF COMMENTS 1 JUL Y 3 i, 2009
Velocity is incorporated in Delaware, with authorization from the Secretary of State to
transact business in the State of Idaho. Although the Company does not have an office located in
Idaho, its registered agent for service of process is listed as TCS Corporate Services, Inc. in Boise.
STAFF ANALYSIS
In its Application, Velocity states that it intends to provide all forms of intrastate and
interexchange telecommunications services including local exchange services, interexchange
switched and dedicated services, 1+ and 101XXXX outbound dialing, callng cards, directory
assistace, frame relay, and other data services.
Velocity seeks authority to resell local exchange services to residential and business
customers throughout the State of Idaho using facilties provided by incumbent LECs (Qwest North,
Qwest South, and Verizon).
With its Application, Velocity provided copies of profit and loss statements and balance
sheets for 2006, 2007 and 2008.
The Company affirms that it has reviewed the rules and regulations governing local exchange
telecommuncations services in Idaho and wil comply with all Commission laws, rules, and
regulations to the extent they are not preempted by the Federal Act. Application at 7.
Velocity states it has not yet initiated resale negotiations.
STAFF RECOMMENDATION
Staff has reviewed the Application by Velocity and believes the Company understands and
agrees to comply with Commission Rules of Procedure i i 1 (IDAPA 3 1.01.01.111) and Procedural
Order No. 26665. Staff believes that the Company possesses the requisite financial, managerial, and
technical qualifications necessary to operate as a provider of telecommunications services. Staff,
therefore, recommends Commission approval of the Application for a Certificate of Public
Convenience and Necessity subject to the following conditions:
1. Compliance with the Number Pool Administration and Idaho Commission Order No. 30425
mandating number resource utilzation forecast (NRUF) reporting requirements;
2. Contribution to the Idaho Universal Service Fund (USF), Idaho Telecommunications Relay
Service (TRS), Idaho Telephone Service Assistance Program (ITSAP), and any future
reporting requirements deemed appropriate for competitive telecommunications providers;
STAFF COMMENTS 2 JULY 31, 2009
3. Upon approval of this Application, Velocity will issue a final price list under Case No.
VGP-T-09-01; at which time a certificate will be issued; and
4. The Company agrees that it wil relinquish its certificate and any telephone numbers if it is
not doing business within one year of its issuance of a CPCN.
"2 \c:tRespectfully submitted this ':J.P day of July 2009.
~,a. ~AWKr ~ ASser
Deputy Attorney General
Technical Staff: Grace Seaman
i:umisc: commentsttlt09, i ksgs comments, doc
STAFF COMMENTS 3 JULY 31, 2009
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 31ST DAY OF JULY 2009,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. VGP-T-09-01, BY MAILING A COpy THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
LANCE J M STEINHART PC
ATTORNEY
1720 WINDWARD CONCOURSE
STE 115
ALPHARTTA GA 30005
~~
SECRETAR
CERTIFICATE OF SERVICE