20060726Comments.pdf

CECELIA A. GASSNER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BAR NO. 6977
RECEtVED
2606 JUL 26 PH
,:
IDAHO PUBLIC
. UTILITIES COMMISSION
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
YMAX COMMUNICATIONS CORP. FOR
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE SERVICES WITHIN THE STATEOF IDAHO.
CASE NO. YMX-O6-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
attorney of record, Cecelia A. Gassner, Deputy Attorney General, and in response to the Notice
of Application and Notice of Modified Procedure issued in Order No. 30095 on July 7 2006
submits the following comments.
BACKGROUND
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.
STAFF COMMENTS JULY 26, 2006
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 ANALYSIS
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
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 s Application now complies with the
requirements Commission s 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.
STAFF COMMENTS JUL Y 26, 2006
RECOMMENDATION
Based on its review of the Application, Staff recommends approval of the Application for
a Certificate of Public Convenience and Necessity.
Respectfully submitted this t~ day of July.
cece
Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc:comments/yrnxtO6.1 cgch
STAFF COMMENTS JULY 26, 2006
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE 26TH DAY OF JULY 2006 SERVED
THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN CASE
NO. YMX-06-, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
SHARON THOMAS
CONSULTANT
TECHNOLOGIES MGMNT INC
PO DRAWER 200
WINTER PARK FL 32789
b#~
SEC
CERTIFICATE OF SERVICE