20050707Comments.pdf

KIRA DALE PFISTERER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 6571
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, ID 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VYCERA COMMUNCIATIONS, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE SERVICES WITHIN THE STATEOF IDAHO.
CASE NO. VYC- T -05-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Kira Dale Pfisterer, Deputy Attorney General, in response to Order No.
29803, the Notice of Application and Notice of Modified Procedure in Case No. VYC- T -05-
issued on June 16 2005 , and submits the following comments.
BACKGROUND
On April , 2005 , Vycera Communications, Inc. (Vycera) filed an Application for a
Certificate of Public Convenience and Necessity (CPCN) to provide resold local exchange
telecommunications services throughout Qwest's service territory in the State of Idaho. The
Company amended its Application with a revised price list filed with the Commission on June 3
2005.
ST AFF COMMENTS JULY 7, 2005
ST AFF ANALYSIS
Staff has reviewed the Vycera Application and finds that it complies with the
Commission s requirements. Staff reviews all requests for a CPCN certificate pursuant to Idaho
Code 61-526 through -528 IDAPA 31.01.01.111 and 112 (Rules 111 and 112), and
Procedural Order No. 26665. In order to be issued a CPCN, a public utility must provide the
Commission with the following information: (1) name, address, and form of business; (2) the
date on which the applicant proposes to begin construction or anticipates that it will provide
service, including a written description of customer classes and services proposed to be offered;
(3) the proposed service territory; (4) certain financial information; (5) maps regarding the
proposed service area; (6) a proposed initial tariff and price sheets; (7) contact information; (8)
interconnection agreements if any; (9) an agreement to comply with the Commission s Rules;
and (10) an escrow account with a bonded escrow agent if the company requires advanced
deposits from its customers. Order No. 26665.
Vycera s Application includes all of the required information. The Company plans to
provide flat rated local exchange service in combination with long distance packages and other
vertical features to residential customers. Vycera plans to offer these services by reselling Qwest
products. Vycera will obtain these services from Qwest through the purchase of the Qwest
Platform Plus (QPP) product. Qwest offers QPP to replace the unbundled network elements
platform (UNE-P).
Vycera has been in the competitive telecommunications business in California and
Texas since 2000 and is authorized to provide service in other western states. The Application
included audited financial results for 2000 and 2001 and unaudited financial information for
2003 and 2004. The financial information indicates substantial growth.
Staff is satisfied that the Company has the technical, managerial and financial
strength to provide the services identified in the Application. The Application identified the key
individuals responsible for the Company s operations, and information that indicated that each of
these individuals had extensive experience in telecommunications. In addition, Vycera provided
an illustrative tariff with its Application that demonstrates an understanding of tariff
requirements and processes and specifically indicated in its Application it will comply with all
Commission rules.
The Company does not anticipate collecting deposits, and therefore requests a waiver
of that portion of Commission Order No. 26665 that requires an Escrow Account be established.
STAFF COMMENTS JULY 7, 2005
STAFF RECOMMENDATION
Staff finds that the Company s filing complies with the requirements of the Idaho Code
the Commission s rules, and Procedural Order No. 26665. Therefore, Staff recommends that the
Commission approve Vycera s Application for a Certificate of Public Convenience and
Necessity to provide competitive local exchange service in Idaho.
Respectfully submitted this q-"fJ;..day of July 2005.
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Deputy Attorney General
Technical Staff: WaYne Hart
i:umisc/comments/vyctO5.1kdpwh
ST AFF COMMENTS JULY 7, 2005
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 7TH DAY OF JULY 2005 SERVED
THE FOREGOING COMMENTS OF THE COMMISSION STAFF IN CASE
NO. VYC-05-, BY MAILING A COpy THEREOF POSTAGE PREPAID TO THE
FOLLOWING:
DALE DIXON
VYCERA COMMUNICATIONS INC.
SUITE 200
12750 HIGH BLUFF DR
SAN DIEGO CA 92130
f2~-SECRET AR
CERTIFICATE OF SERVICE