20130321final_order_no_32765.pdf

Office of the Secretary
Service Date
March 21,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF ZAVO GROUP,LLC FOR )CASE NO.ZAY-T-12-O1
REGISTRATION AS A WHOLESALE )
TELECOMMUNICATIONS PROVIDER IN )ORDER NO.32765
IDAHO )
On December 20,2012,Zayo Group,LLC (“Zayo”or “Company”)filed an
Application,pursuant to Procedural Order No.32277 issued in Case No.GNR-T-1 1-01,IDAPA
31.01.01.114 and Title 62 of the Idaho Code,with the Idaho Public Utilities Commission
(“Commission”)for a Registration/Certification as a wholesale provider of telecommunications
service in the State of Idaho.Application at 1.
On February 12,2013,the Commission issued a Notice of Application and Modified
Procedure with a 21-day comment period.See Order No.32746.Commission Staff (“Staff’)
was the only party to submit written comments.
THE APPLICATION
Zayo is a Delaware corporation and lists its principal place of business as Louisville,
Colorado.Id.Zayo is registered with the Idaho Secretary of State as a foreign corporation and
lists CT Corporation System,111 West Jefferson,Suite 530,Boise,Idaho 83702,as its Idaho
registered agent for service.Id.at 2,Exh.2.
In its Application,Zayo states that it “seeks authority to provide other
telecommunications services to wholesale customers,including switched access services,so that
it has flexibility in the types of services it will offer its customers.”Id.at 3.Zayo “has not yet
initiated interconnection negotiations but intends to do so as necessary and upon being granted
authority by the Commission.”Id.at 4.The Company “agrees to comply with all Idaho laws
and Commission rules and regulations”and is committed to “numbering conservation measures
including mandatory one thousand (1,000)block pooling.”Id.at 4-5.
STAFF COMMENTS AND RECOMMENDATION
Staff reviewed Zayo’s Application for compliance with the applicable legal
requirements to be registered as a wholesale provider of telecommunications services in Idaho.
Staff believes that the Company understands and agrees to comply with Commission Rules of
Procedure 114 and Commission Order No.32277.Staff also believes that the Company
ORDER NO.32765 1
possesses the requisite financial,managerial,and technical qualifications necessary to operate as
a provider of telecommunications services.
Staff recommended the Commission approve Zayos Application to register as a
wholesale telecommunications provider in Idaho,subject to the following conditions:
1.Zayo should comply with all number pooling and reporting requirements
of the North American Numbering Plan Administrator,as set forth in
Commission Order No.30425;
2.Zayo should provide all necessary reports and contribute as appropriate to
the Idaho Universal Service Fund,Idaho Telecommunications Relay
System,and the Idaho Telecommunications Service Assistance Program;
and
3.Zayo agrees to comply with all future reporting requirements deemed
appropriate by the Commission for competitive telecommunications
providers.
COMMISSION FINDINGS AND DECISION
In GNR-T-11-01,the Commission “opened a docket to investigate whether some sort
of certification process is appropriate for Title 62 telecommunications providers that do not
provide basic local exchange service.”Order No.32277 at 2.The Commission received written
comments from several telecommunications companies operating in Idaho.The parties
recommended that the Commission institute a certification or registration process to allow
wholesale telecommunications providers that provide service that does not meet the definition of
basic local exchange service “to be recognized as eligible to provide services in Idaho.”Id.at 3.
The Commission ultimately ruled that “registration or certification of
telecommunications companies that do not provide basic local exchange service,as defined by
state law,is necessary to enable those companies to access important rights or privileges
identified in the federal Telecommunications Act as they enter the telecommunications markets
in Idaho.”Id.at 8.“Telecommunications companies that do not intend to provide basic local
exchange service but request Commission registration may file an application pursuant to Rule
114,with minor modification to eliminate information required by the Rule relating to retail
basic local exchange service.”Id.“A company that completes the application process as
required in Rule 114,Section 1 and Sections 5 through 8,will be recognized by the Commission
ORDER NO.32765 2
as having successfully registered as a wholesale provider of telecommunications services in
Idaho.”Id.
The Commission finds that Zayo is a wholesale telecommunications provider and has
demonstrated a willingness and commitment ‘to adhere to number pooling and reporting
requirements to assist the Commission in preserving numbers.”Order No.32277 at 8.Based
upon our review of Zayo’s Application and the record in this case,the Commission finds that
Zayo’s filing comports with Commission Rule of Procedure 114 and Order No.32277.
Therefore,the Commission approves Zayo’s Application for Certification as a Wholesale
Telecommunications Provider in Idaho,subject to specific conditions more fully described
above.
ORDER
IT IS HEREBY ORDERED that the Application of Zayo Group,LLC for
Certification as a Wholesale Telecommunications Provider in Idaho is approved.
IT IS FURTHER ORDERED that Zayo’s Certification shall be subject to the
following conditions:(1)comply with all number pooling and reporting requirements of the
North American Numbering Plan Administrator,as set forth in Commission Order No.30425;
(2)provide all necessary reports and contribute as appropriate to the Idaho Universal Service
Fund,Idaho Telecommunications Relay System,and the Idaho Telecommunications Service
Assistance Program;and (3)comply with all future reporting requirements deemed appropriate
by the Commission for competitive telecommunications providers.
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.32765 3
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