HomeMy WebLinkAbout20110617Decision Memo.pdfDECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL
DATE: JUNE 9, 2011
SUBJECT: APPLICATION OF WINDSTREAM NUVOX, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, CASE
NO. WNV-T-11-01
On February 18, 2011, Windstream NuVox, Inc. (“Windstream” 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 §§ 61-526 through -528,1 IDAPA
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 1.
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 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.
1 Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code § 62-604(1)(a), Windstream is
exempt from Title 61 regulation.
DECISION MEMORANDUM 2
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 RECOMMENDATION
Staff has reviewed Windstream’s Application and other supporting documentation
and recommends that the Application be processed through Modified Procedure with a
corresponding 21-day comment period.
COMMISSION DECISION
Should Windstream’s Application for a Certificate of Public Convenience and
Necessity be processed through Modified Procedure with a corresponding 21-day comment
period?
M:WNV-T-11-01_np