20060807final_order_no_30110.pdf

Office of the Secretary
Service Date
August 7 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
YMAX COMMUNICATIONS CORP. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE SERVICES WITHIN THE STATEOF IDAHO
CASE NO. YMX-06-
ORDER NO. 30110
On March 21 , 2006, YMax Communications Corp. ("YMax" or "Company ) filed an
Application for a Certificate of Public Convenience and Necessity with the Commission. In its
Application, YMax states that it is requesting authority to provide basic resold and facilities-
based local exchange services and resold interexchange service to both residential and business
customers by combining unbundled network elements and reselling services obtained from
incumbent local exchange carriers in Idaho pursuant to interconnection agreements. YMax
requests a certificate for all Idaho exchanges not exempt from competition.
On July 7, 2006, the Commission issued a Notice of Application and Modified
Procedure requesting comments from interested parties. Order No. 30095. The only comments
received were submitted by the Commission Staff.
THE APPLICATION
YMax is a Delaware corporation with a primary place of business in Palm Beach
Florida. The Company has a Certificate of Authority to do business in the State of Idaho issued
by the Idaho Secretary of State on March 10, 2006. The Company has provided financial
information and the appropriate contact information for its registered agent for service of process
within Idaho. The Company also filed an illustrative tariff (and revisions thereto on June 28
2006).
STAFF COMMENTS
Staff reviews all requests for a Certificate of Public Convenience and Necessity
(CPCN) pursuant to Idaho Code ~~ 61-526 through -528, IDAPA 31.01.01.111 and 112 (Rules
111 and 112), and Procedural Order No. 26665. To obtain a CPCN, an applicant 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
ORDER NO. 30110
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.
Following discussions with the Company s consultant, Staff received updated
financial data with a letter of credit from the principal owner of the Company. The Company
also complied with requests from Staff to remove certain terms contained within its price list that
did not comport with Commission rules and requirements. Through its review of these
documents and those originally filed, Staff believes that the Company understands and agrees to
comply with Commission rules and requirements. Staff further believes that the Company
possesses the requisite financial, managerial, and technical qualifications necessary to operate as
a provider of telecommunications services.
Based on its review of the Application, Staff recommended approval of the
Application for a Certificate of Public Convenience and Necessity.
COMMISSION FINDINGS
This Commission has jurisdiction to grant a Certificate of Public Convenience and
Necessity pursuant to Idaho Code ~ 61-526. Based upon our review of the filing and the record
in this case, the Commission finds that YMax s filing satisfies the requirements of the
Commission s Rules and Procedural Order No. 26665. Thus, we approve YMax s Application
for a Certificate of Public Convenience and Necessity to allow the Company to provide basic
resold and facilities-based local exchange services and resold interexchange service to residential
and business customers. We further waive the requirement for YMax to possess an escrow
account until such time as it begins to collect deposits from its customers.
ORDER
IT IS HEREBY ORDERED that YMax Communications Corp. is granted a
Certificate of Public Convenience and Necessity to provide basic resold and facilities-based local
exchange services and resold interexchange service to both residential and business customers by
combining unbundled network elements and reselling services obtained from incumbent local
exchange carriers in Idaho pursuant to interconnection agreements.
ORDER NO. 30110
IT IS FURTHER ORDERED that the requirement to possess an escrow account is
waived until such time as the Company begins to collect deposits from its customers.
THIS IS A FINAL ORDER. Any person interested in this 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.
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this '1'~
day of August 2006.
~~
1J
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Jean
!)'
CommIssion Secretary
O:YMX-06-cg2
ORDER NO. 30110