20040123Final Order No 29421.pdf

Office of the Secretary
Service Date
January 23, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VOLO COMMUNICATIONS OF IDAHO, INC. FOR
A CERTIFICATE OF PUBLIC CONVENIENCE AND)
NECESSITY TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
CASE NO. VOL-O3-
ORDER NO. 29421
On November 17, 2003, Yolo Communications of Idaho, Inc. ("Volo" or
Company ) filed an Application for a Certificate of Public Convenience and Necessity to
provide facilities-based and resold competitive local exchange and interexchange services within
the State of Idaho. In the Notice of Application and Modified Procedure issued December 15
2003 , the Commission solicited comments regarding Yolo s Application. Order No. 29400. No
comments were received other than those submitted by Commission Staff. Based on the
comments, the law and the record, the Commission grants V 010 ' s Application.
THE APPLICATION
Principally located in Altamonte Springs, Florida, V 010 is a subsidiary of V 010
Communications, Inc., which is a wholly owned subsidiary of Caerus, Inc. V 010 is incorporated
in the State of Delaware. V 010 requests authority to provide competitive local exchange carrier
CLEC") services through a combination of facilities owned by it and the resale of exchange
services of other carriers in the service territories of Qwest and Verizon. According to its
Application, V 010 has completed interconnection agreement negotiations with BellSouth, Sprint
and is currently completing negotiations with Verizon. V 010 plans to offer both voice and data
communications services to carrier and business customers in select Idaho locations, although
the Company s initial marketing efforts will be focused on the carrier market.
ST AFF COMMENTS
In its comments filed July 2, 2003, Staff observed that the parent company, Yolo
Communications, is a relatively new business that began operation in March 2002. The
Application included confidential unaudited financial information for V 010 Communications for
January through August 2003. As expected for a company in the early stages of start-up, this
information did not indicate a strong financial position. However, the risk to any individual
basic local exchange customer would be limited to the cost of one, and possibly two months
ORDER NO. 29421
worth of service, which Staff believes is minimal. Therefore, Staff finds that the benefits of a
bond or other financial security instrument would be outweighed by the cost of distributing the
proceeds and other administrative functions. Therefore, Staff does not recommend imposing a
financial security requirement.
Volo specifically indicated in its Application it will comply with all Commission
rules. It has provided an illustrative tariff that demonstrates an understanding of tariffing
requirements and processes. Staff believes the Company has demonstrated sufficient managerial
and technical expertise for the types of services it intends to provide. Therefore, Staff
recommends that a Certificate of Public Convenience and Necessity to provide competitive local
exchange service be issued to V 010 Communications of Idaho, Inc.
COMMISSION FINDINGS
Based on the comments, the law and the record, the Commission grants the
Application. When considering an application for a Certificate, the Commission must determine
if the applicant has the necessary qualifications to provide service while still fostering
competition in the local telecommunications market. Based upon our review of the filing and the
record in this case, the Commission finds that Yolo s filing satisfies the requirements of the
Commission s Rules and Procedural Order No. 26665.Id.Thus, we approve Yolo
Application for a Certificate of Public Convenience and Necessity to allow the Company to
provide telecommunications services statewide. This is consistent with our previous Orders
granting statewide authority to provide telecommunications services to carriers meeting the
established requirements. Because V 010 will not require advance payments or deposits, the
Commission finds it reasonable to waive the requirement for V 010 to maintain an escrow
account.
ORDER
IT IS HEREBY ORDERED that Volo Communications of Idaho, Inc. is granted a
Certificate of Public Convenience and Necessity to provide basic local exchange services within
the state of Idaho.
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
ORDER NO. 29421
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 ,;J.~ NR.
day of January 2004.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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ORDER NO. 29421