20130305Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
P0 BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BAR NO. 6864
7Jft3 MAR 5 AMIU:36
JTlL
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 )
ZAVO GROUP, LLC TO REGISTER AS A ) CASE NO. ZAY-T-12-01
WHOLESALE TELECOMMUNICATIONS )
PROVIDER IN IDAHO. )
) COMMENTS OF THE
) COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities 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. 32746 on February 12, 2013,
in Case No. ZAY-T-12-01, submits the following comments.
BACKGROUND
On December 20, 2012, Zayo Group, LLC ("Company") filed an Application, pursuant to
Procedural Order No. 32277 issued in Case No. GNR-T- 11-01, 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. The Company 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.
STAFF COMMENTS 1 MARCH 5, 2013
STAFF ANALYSIS
This Application is connected to Case No. WFN-T-05-01, filed with the Commission on
December 28, 2012. In that case, the Company and its subsidiary, 360networks (USA) inc.,
notified the Commission that 360networks would be transferring it assets and customers to the
Company. The two companies thus asked the Commission to cancel 360networks' CPCN No.
453. The Commission agreed and cancelled 360networks' CPCN on February 26, 2013. See
Order No. 32753. With this present Application, the Company seeks its own
registration/certificate.
The Company is a Delaware limited liability company and lists its principal place of
business as Louisville, Colorado. Id. at 1. It is registered with the Idaho Secretary of State as a
foreign limited liability company. Id. at 2, Exhibit 2. With its Application, the Company
submitted a Certificate of Conversion of Zayo Bandwidth, Inc. to the Company,' Certificate of
Formation,2 and diagrams of Pre- and Post-Pro Forma Corporate Organizational Structures of the
Company.3 The Company does not maintain an Idaho place of business. It lists CT Corporation
System, 111 W. Jefferson, Suite 530, Boise, Idaho 83702, as its registered agent for service in
Idaho. Id. at 1.
The Application includes a sworn verification that the Company will comply with all
Idaho laws and Commission rules and regulations, including rules regarding the conservation of
telephone numbers. Id. at Exhibit 3. The Company has not yet initiated interconnection
negotiations but intends to do so as necessary and upon being granted authority by the
Commission. Id. at 4.
STAFF RECOMMENDATION
Staff has reviewed the Company's Application to be registered/certified as a wholesale
provider of telecommunications services in Idaho. Based on that review, Staff believes the
Company understands and agrees to comply with the Commission Rules of Procedure 114 and
Id. at Exhibit 1.
2
Id. at Exhibit 3. "The entities listed herein only include [the Company] and those subsidiaries of [the Company]
that (1) hold authorization to provide intrastate, interstate or international telecommunications service or (2) are in the
chain of ownership of those entities."
STAFF COMMENTS 2 MARCH 5, 2013
Commission Order No. 32277. Staff also believes that the Company possesses the requisite
financial, managerial, and technical qualifications necessary to operate as a provider of
telecommunications services. Staff, therefore, recommends that the Commission approve the
Company's Application to be registered/certified as a Wholesale communications provider,
subject to the following conditions:
1.The Company complies with number pooling and reporting requirements of the North
American Numbering Plan Administrator, as set forth in Commission Order No.
30425;
2.The Company provides necessary reports and contributes as appropriate to the Idaho
Universal Service Fund, Idaho Telecommunications Relay System, Idaho
Telecommunications Service Assistance Program; and
3.The Company complies with all future reporting requirements deemed appropriate by
the Commission for competitive telecommunications providers.
Respectfully submitted this - day of March 2013.
IP
For I Neil Price
Deputy Attorney General
Technical Staff: Grace Seaman
i:umise:comments/zayt 12.1 npgs comments
STAFF COMMENTS 3 MARCH 5, 2013
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 5TH DAY OF MARCH 2013,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. ZAY-T-12-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
JEAN L KIDDOO
BRETT P FERENCHAK
BINHAM McCUTCHEN LLP
2020 K ST NW
WASHINGTON DC 20006
SCOTT E BEER
JILL SANDFORD
ZAYO GROUP LLC
400 CENTENNIAL PKWY
STE 200
LOUISVILLE CO 80027
SECRETAR,X
CERTIFICATE OF SERVICE