20110714Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BARNO. 6864
RECElVED
ZOIL JUL 14 AM 10: 24
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
WINDSTREAM NUVOX, INC. FOR A ) CASE NO. WNV-T-ll-Ol
CERTIFICATE OF PUBLIC CONVENIENCE )AND NECESSITY )
) COMMENTS OF THE
) COMMISSION STAFF
)
COMES NOW the Staff of the Idaho Public Utilties Commission, by and through its
attorney of record, Neil Price, Deputy Attorney General, and in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 32270 on June 23, 2011, in
Case No. WNV-T-II-0l, submits the following comments.
BACKGROUND
On February 18,2011, Windstream NuVox, Inc. ("Windstream" or "Company") fied an
Application, including a copy of its ilustrative tariff, for a Certificate of Public Convenience and
Necessity ("CPCN"), pursuant to Idaho Code §§ 61-526 through -5281, IDAPA 31.01.01.111
i Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code § 62-604(l)(a), Windstream is
exempt from Title 6 i regulation.
STAFF COMMENTS 1 JULY 14,2011
(Rule 111), and Procedural Order No. 26665, to provide resold and facilities-based local
exchange telecommunications services in Idaho. Application at 1.
Windstream proposes to provide wireline local telecommunications service in the
territories curently served by Verizon (SIC) and Qwest (SIC). Once authorized by the
Commission, the Company wil provide 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
ancilary functionalities that Windstream must provide pursuant to applicable statutes and
regulations and exchange access service. Id.
Windstream is authorized to provide telecommunications services in the following states:
Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and
Tennessee. 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, Maine, Montana, Nevada, New Hampshire, New
Jersey, New Mexico, Oregon, Rhode Island, Utah, Vermont and Wyoming. Id. at 2
STAFF ANALYSIS
Windstream is incorporated under the laws of the State of Delaware and headquarered in
Little Rock, Arkansas. Id. at 2. The Company is wholly owned by Windstream Corporation. Id.
at 3
Included in the Application, Windstream provided a copy of the Certificate of Authority to
transact business as a foreign corporation from the Idaho Secretary of State's Office. The
Company does not have a principal place of business in Idaho and lists its registered agent in
Idaho as CT Corporation. Id. An SEC Form 10-K for Windstream Corporation was provided as
financial background. Id. at 4.
The Company does not currently plan to construct facilities, but seeks facilties-based
authority so that it can provide services over its own or leased facilities to business customers as
market condition permit. Id. The Company has not initiated interconnection negotiations, but
intends to do so, as applicable, and upon being granted authority by the Commission. Id. at 7.
Windstream included a sworn verification that it wil comply with all Commission rules
and regulations in marketing its services in the State of Idaho. Id. Attachment.
STAFF COMMENTS 2 JULY 14,2011
STAFF RECOMMENDATION
Staff has reviewed the Application submitted by Windstream, and believes the Company
understands and agrees to comply with the Commission rules and requirements. Based on this
review, the Company's filing fulfills 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.
Staff, therefore, recommends approval of the 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. Windstream provides necessar reports and contributes as appropriate to the Idaho
Universal Service Fund (IUS F), Idaho Telecommunications Relay System (TRS), Idaho
Telecommunications Service Assistance Program (lTSAP), and complies with all future
reporting requirements deemed appropriate by the Commission for competitive
telecommunications providers;
3. Prior to issuance of the Certificate, Windstream fies a final price list with all rates, terms,
and conditions with the Commission; and
4. Windstream wil 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 § 62-03(1).2
Respectfully submitted this I tf~ay of July 2011.
,~N,i(£~
Neil Price
Deputy Attorney General
Technical Staff: Grace Seaman
i:umisc:commentswnvtI I.npgs comments
2 "Basic local exchange service" means the provision of access lines to residential and small business customers with
the associated transmission of two-way interactive switched voice communications within a local exchange calling
area.
STAFF COMMENTS 3 JULY 14,2011
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 14TH DAY OF JULY 2011,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. WNV-T-II-0l, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
JEAN L KIDDOO
BRETT P FRENCHAK
KIMBERLY A LACEY
BINGHAM McCUTCHEN LLP
2020 K STREET NW
WASHINGTON DC 20006
E-MAIL: jean.kiddoo(fbingham.com
brett.ferenchak(fbingham.com
Kimberly.lacey(fbingham.com
i if\, ao
SECRETARY~
CERTIFICATE OF SERVICE