20110830final_order_no_32339.pdf

Oftce of the Secretary
Service Date
August 30,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
WINDSTREAM NUVOX,INC.FOR A )CASE NO.WNV-T-l1-Ol
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY TO PROV1DE LOCAL )
EXCHANGE TELECOMMUNICATIONS )ORDER NO.32339
SERVICES )
On February 18,2011,Windstream NuVox,Inc.(“Windstrearn”or “Company”)filed
an Application,including a copy of its illustrative tariff,for a Certificate of Public Convenience
and Necessity (“CPCN”),pursuant to Idaho Code §sS 61-526 through -528,’LDAPA
31.01.01.111 (Rule 111),and Procedural Order No.26665,to provide resold and facilities-based
local exchange telecommunications services in Idaho.Application at I.
On June 23,2011,the Commission issued a Notice of Application and Modified
Procedure with a 21-day comment period.Commission Staff was the only party to submit
written comments regarding Windstream’s Application.See Order No.32270.
THE APPLICATION
Windstream is a Delaware corporation and lists its principal place of business as
Little Rock,Arkansas.Id.at 2.Windstream is registered with the Idaho Secretary of State as a
foreign corporation and lists CT Corporation System,1111 West Jefferson,Suite 530,Boise,
Idaho 83702,as its Idaho registered agent for service.Id.at 3,Exhibit 2.In its Application,
Windstream provided a copy of its Certificate of Authority from the Idaho Office of the
Secretary of State to transact business as a foreign corporation.Id.An SEC Form 10-K for
Windstream Corporation was provided as financial background.Id.at 4.
In its Application,Windstream states the following regarding the telecommunications
services it seeks to provide in Idaho:
[Windstream]proposes to provide wireline local telecommunications service-
specifically,local exchange service (including,among other things,access to
emergency services,access to operator services,access to interexchange
service,access to directory assistance,toll limitation for qualifying low-
income consumers,and any other ancillary functionalities that [Windstream]
must provide pursuant to applicable statutes and regulations)and exchange
access service.
Pursuant to the Idaho Telecommunications Act of 1988,specifically Idaho Code §62-604(l)(a),Windstream is
exempt from Title 61 regulation.
ORDER NO.32339 1
Id.at 1.Windstream states that it “may also provide facilities-based services.”Id.at 2.“Such
facilities-based local exchange service may be provided via (1)facilities ...leased from other
carriers,(2)[Windstream’s]own facilities,or (3)a combination thereof.”Id.Windstream
agrees to “comply with all Commission rules and regulations in marketing its services in the
State of Idaho.”Id.
Currently,Windstream is authorized to provide telecommunications services in the
following states:Alabama,Florida,Georgia,Kentucky,Louisiana,Mississippi,North Carolina,
South Carolina and Tennessee.Id.In addition to requesting a CPCN to provide
telecommunications services in Idaho,the Company is “in the process of requesting authority to
provide telecommunications services in Arizona,California,Connecticut,Colorado,Idaho,
Maine,Montana,Nevada,New Hampshire,New Jersey,New Mexico,Oregon,Rhode Island,
Utah,Vermont and Wyoming.”Id.
STAFF COMMENTS AND RECOMMENDATIONS
Staff reviewed Windstream’s Application and believes the Company understands and
has agreed to follow the Commission’s rules and procedures.According to Staff,the Company’s
filing comports with the requirements of the Commission Rules and Procedural Order No.
26665.Staff believes that Windstream possesses the requisite financial,managerial,and
technical qualifications necessary to operate as a provider of telecommunications services.
Therefore,Staff recommended approval of Windstream’s Application for a Certificate of Public
Convenience and Necessity subject to the following conditions:
1.The Company complies with number pooling and reporting requirement of
the North American Numbering Plan Administrator,as set forth in
Commission Order No.30425;
2.The Company provides all necessary reports and makes appropriate
contributions to the Idaho Universal Service Fund (IUSF),Idaho
Telecommunications Relay System (TRS),Idaho Telecommunications
Service Assistance Program (ITSAP),and complies with all future
reporting requirements deemed appropriate by the Commission for
competitive telecommunications providers;
3.Prior to issuance of the Certificate,Windstream files a final price list with
all rates,terms,and conditions with the Commission;and
ORDER NO.32339 2
4.Windstream agrees to relinquish its Certificate and all telephone numbers
if,within one year of issuance of a CPCN,the Company is not providing
local exchange telecommunications services in Idaho as defined by Idaho
Code §62-603(1).
COMMISSION FINDINGS AND DECISION
Based upon our review of Windstream’s Application and the record in this case,
including Staffs comments,the Commission finds that Windstream’s filing comports with the
Commission’s Rules and Procedural Order No.26665.Thus,we approve Windstream’s
Application for a Certificate of Public Convenience and Necessity,subject to certain conditions
more fully described below,to allow the Company to provide local exchange
telecommunications services in the State of Idaho.
ORDER
IT IS HEREBY ORDERED that the Application of Windstream NuVox,Inc.for a
Certificate of Public Convenience and Necessity to provide local exchange telecommunications
services within the State of Idaho is granted.
IT IS FURTHER ORDERED that Windstream’s Certificate of Public Convenience
and Necessity shall be subject to the following conditions:(1)compliance with the Number Pool
Administrator and Order No.30425 mandating number resource utilization forecast (NRUF)
reporting;(2)contribution to the Idaho Universal Service Fund,Idaho Telecommunications
Relay System (TRS),Idaho Telephone Assistance Program (ITSAP)and any future reporting
requirements deemed appropriate for competitive telecommunication providers;(3)filing a final
and complete price list with the Commission containing all of its rates,terms and conditions;and
(4)the Company shall relinquish its Certificate and any telephone numbers if,within one year of
the issuance of a CPCN in this case,the Company is not offering local exchange
telecommunications services in Idaho..
THIS IS A FINAL ORDER.Any person interested in the Order 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,Within seven (7)days after any person has petitioned for
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §61-
626.
ORDER NO.32339 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of August 2011
ATTEST:
MACK A.REDFORD,COMMISSIONER
ARSHA H.SMITH,COMMISSIONER
1;II
Jean ft JewelI)
Commission Secretary
O:WNV-T-1 1-OInp2
ORDER NO.32339 4