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HomeMy WebLinkAbout20080606final_order_no_30569.pdfOffice of the Secretary Service Date June 6, 2008 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ZIAL NETWORKS, INc. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE SERVICES CASE NO. ZIA-08- ORDER NO. 30569 On April 14, 2008 , Zial Networks, Inc. ("Zial") filed an Application for a Certificate of Public Convenience and Necessity pursuant to Idaho Code 99 61-526 through 528, IDAPA 31.01.01.111 and Commission Order No. 26665 to provide facilities-based and resold local exchange telecommunications services to business and residential customers in Idaho. Application at 1. Thereafter, the Commission agreed to process Zial's Application through Modified Procedure and set apart May 23 , 2008 as the deadline for comments regarding Zial' Application. See Order No. 30549. Commission Staff was the only party to submit comments regarding Zial' s Application. THE APPLICATION Zial is an Idaho corporation and lists its principal place of business as Boise, Idaho. Id. at 2. The Company is registered with the Idaho Secretary of State as a limited liability company and lists Chris Adams, 4762 S. Skyridge Way, Boise, Idaho 83709, as its Idaho registered agent for service. Id. at 2. Zial will offer basic local exchange services and custom calling features to business and residential customers.Id. at 4. Initially, the Company "will offer facilities-based local exchange service via commercial wholesale agreements with incumbents.Id. The Company states that it "intends to provide service in the areas served by Qwest (Corporation ("Qwest" and does not plan to provide service in areas of any small or rural local exchange carriers. . . . Id. Zial does not currently own property in Idaho.Id. The Company is currently in the process of negotiating an interconnection agreement with Qwest and "will compete directly with Qwest for the provision of local exchange telecommunications services.Id. at 4 5. The Company has provided the Commission with the appropriate "Financial Information" and "Illustrative Tariff Fillings.See id. at 4, Exhibit B and Exhibit C. ORDER NO. 30569 ST AFF COMMENTS Staff filed comments on May 23 , 2008. Staff reviewed Zial's Application and believes that the Company understands and will comply with the requirements of Procedural Order No. 26665 and IDAP A 31.01.01.111 and 112. Staff believes that the Company possesses the requisite financial, managerial, and technical qualifications necessary to operate effectively as a telecommunications provider within the State of Idaho. Based upon its review, Staff recommends that the Commission approve Zial' s Application for a Certificate of Public Convenience and Necessity. COMMISSION FINDINGS Based upon our review of the filing and the record in this case, the Commission finds that Zial's filing satisfies the requirements of the Commission s Rules and Procedural Order No. 26665. Thus, we approve Zial' s Application for a Certificate of Public Convenience and Necessity to allow the Company to provide local exchange telecommunications services within the state of Idaho. ORDER IT IS HEREBY ORDERED that the Application of Zial Networks, Inc. for a Certificate of Public Convenience and Necessity is granted to enable the Company to provide local exchange telecommunications services within the State of Idaho. 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 9 61- 626. ORDER NO. 30569 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this -tk day of June 2008. ~~SIDENT MARSHA H. SMITH, COMMISSIONER JI MPTON COM ISSIONER ATTEST: Commission Secretary O:ZIA-08-np2 ORDER NO. 30569