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HomeMy WebLinkAbout20240708Final_Order_No_36248.pdf Office of the Secretary Service Date July 8,2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF BARR TELL USA, ) INC.'S APPLICATION FOR A ) CASE NO. BTL-T-23-01 CERTIFICATE OF PUBLIC CONVENIENCE ) AND NECESSITY TO PROVIDE RESOLD ) ORDER NO. 36248 AND FACILITIES-BASED LOCAL ) EXCHANGE TELECOMMUNICATIONS ) SERVICES ) On December 22, 2023, Barr Tell USA, Inc. ("Company") applied to the Idaho Public Utilities Commission ("Commission") and requested the issuance of a Certificate of Public Convenience and Necessity("CPCN")authorizing the Company to offer local telecommunication exchange services in Idaho pursuant to IDAPA 31.01.01.114. The Company's Application included exhibits in support of its request. On April 5, 2024, the Commission issued a Notice of Application and set deadlines for public and Commission Staff("Staff') comments and the Company's reply. Staff filed comments to which the Company did not reply. No other comments were received. Having reviewed the record,we now issue this Order approving the Company's request for a CPCN subject to the conditions outlined below. THE APPLICATION The Company is incorporated in the State of Idaho and plans to offer communications service to businesses that want hosted voice services. The Company added that it would also resell internet bandwidth enabling it to offer several different telecom services to customers including basic telephone service. The Company asserted that it already has interconnection agreements with large incumbent providers in other states and will quickly seek such agreements in Idaho. The Application included a customer contact for complaints and inquiries. The Company also filed financial statements. The Company asserted it would comply with Commission rules and orders. The Company acknowledged that it would have certain obligations related to conserving telephone numbers. ORDER NO. 36248 1 STAFF COMMENTS Staff reviewed the record and recommended approval of the Company's Application subject to certain conditions discussed below. Staff believed that the Company understood its legal obligations and that its Application met the requirements set forth in Commission Rule of Procedure 114, IDAPA 31.01.01.114, and Order No. 26665. Staff also believed that the Company had the ability and financial capacity necessary to provide telecommunication services within the State of Idaho. For these reasons, Staff recommended approval of the Company's Application subject to the following conditions: 1. The Applicant complies with number pooling and reporting requirements of the North American Numbering Plan Administrator, as outlined in Commission Order No. 30425; 2. The Applicant provides necessary reports and contributions appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay Services, and Idaho Telecommunications Service Assistance Program, and complies with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers; 3. Prior to issuance of the CPCN certificate, the Applicant files a final price list outlining all its rates, terms, and conditions with the Commission; 4. The Applicant provides three reports to the Commission indicating the number of basic local exchange customers it has and the services being offered. These reports will be due as follows: a. August 26, 2024; b. December 26, 2024; and c. April 25, 2025. If the Applicant fails to provide the three reports, the Applicant shall relinquish its CPCN certificate and all telephone numbers it has been assigned or the Commission will by its order revoke the Company's CPCN certificate; and 5. If the Applicant is not providing basic local exchange service by the time the third report is due, the Commission, by its order, will revoke the Company's CPCN certificate. Staff Comments at 2-3. ORDER NO. 36248 2 COMMISSION FINDINGS AND DECISION Based on our review of the record,we find that the Company's Application complies with the requirements to obtain a CPCN in Idaho. Rule of Procedure 114 sets the requirements that competitive local exchange carriers—such as the Company—must satisfy to obtain a CPCN. IDAPA 31.01.01.114. We End that the Company has satisfied Rule 114. Excepting those items enumerated above, the Company has provided all necessary information in its Application— including financial information. Likewise,the Commission trusts that the Company has reviewed, and agreed to comply with, this Commission's rules. We thus find it reasonable to approve the Company's Application for a CPCN, subject to all the conditions set forth in Staffs Comments. ORDER IT IS HEREBY ORDERED that the Company's Application for a CPCN is granted subject to the conditions outlined in Staff s Comments. 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 about 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.Idaho Code §§ 61-626. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 8th day of July 2024. F_( 4&� J4.,, ERIC ANDERSON, PRESIDENT J R. HAMMOND JR., COMMISSIONER G EDWARD LODGE, CO AA ISSIONER ATTEST: Mo Vct-rervi J L&SA z Commission Secretary I:\Legal\TELECOM\BTLT2301\BTLT2301_Final_md.docx ORDER NO. 36248 3