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HomeMy WebLinkAbout20030310February 26, 2003 Hearing.pdf 1 BOISE, IDAHO, WEDNESDAY, FEBRUARY 26, 2003, 9:30 A. M. 2 3 4 HEARING EXAMINER: Good morning. This is 5 the time and place set for a hearing in an Order to Show 6 Cause and Notice of Hearing in the matter of 26 telephone 7 Title 62 telephone companies' failure to remit the 8 Commission's 2002 regulatory fee pursuant to Idaho Code 9 Section 61-1001 and 62-611. 10 My name is Don Howell. For the record, I'm 11 a duly appointed Hearing Examiner for the Public 12 Utilities Commission and this is the time and place. 13 I'll read the names of the companies, just put them into 14 the record. The first company is American 15 Telecommunications Enterprise; Arrival Communications; 16 Inc.; Colorado River Communications Corporation; Complus 17 L.L.C.; Correctional Communications Systems of Idaho; 18 Cybersentry, Incorporated; Faxnet Corporation, Transtel, 19 Incorporated; GF Enterprises; Ruth and Tara Millward; 20 Miracle Communications, Incorporated; Nexstar 21 Communications; Nor Communications; Overlook 22 Communications International, PTT Telekom, Inc.; I guess 23 it's Quest, Q-u-e-s-t, Telecommunications, Inc.; Smitty's 24 Pub; Telcom Network, Incorporated; Telehub Network 25 Services; Teltrust Communications Services; Touchtone 1 CSB REPORTING COLLOQUY Wilder, Idaho 83676 1 Network, Incorporated; USA Tele Corp.; USBG, 2 Incorporated; Vista Group International; West End 3 Communications; and finally, Western State Pay 4 Telephone. 5 All right, for the record, I would note 6 that it is five after the appointed time for this hearing 7 to begin and the only party appearing in front of me is 8 the Staff of the Public Utilities Commission. For the 9 record, let's take the appearance of Staff's attorney. 10 MS. NORDSTROM: Good morning. My name is 11 Lisa Nordstrom. I'm a Deputy Attorney General and today 12 I'm representing the Staff in this proceeding. 13 HEARING EXAMINER: All right, and, again, 14 for the record, there is no other party present in 15 response to the Order to Show Cause. Before we start, 16 Ms. Nordstrom, are there any preliminary matters that we 17 should take up? 18 MS. NORDSTROM: Yes, Mr. Hearing Examiner. 19 At this time the state and, well, through the Staff would 20 move to remove Arrival Communications and Miracle 21 Communications from this proceeding. Arrival 22 Communications had requested that the Commission remove 23 its price lists and tariffs from its records and we have 24 done so at this point and are not seeking to order them 25 to show cause at this point since they had previously 2 CSB REPORTING COLLOQUY Wilder, Idaho 83676 1 requested that they be taken off from our records. 2 As far as Miracle Communications is 3 concerned, Miracle has since come into compliance with 4 the reporting and assessments requirements of the 5 Commission and for that reason, we are no longer seeking 6 to have them show cause in this proceeding. 7 HEARING EXAMINER: So I take it from your 8 statement that Miracle Communications has paid the 9 regulatory fee? 10 MS. NORDSTROM: Yes, they have. 11 HEARING EXAMINER: All right. Well, then 12 based on your recommendation, I would also in turn then 13 recommend to the Commission that these two companies be 14 deleted from any eventual order issued by this 15 Commission, primarily finding that Arrival Communications 16 has asked that its tariffs and price lists be removed and 17 that Miracle Communications has come into compliance; 18 thereby, negating further proceedings as it relates to 19 those two companies. 20 If there are no other preliminary matters, 21 why don't you present your first witness. 22 MS. NORDSTROM: Thank you. Staff would 23 call as its first witness Christine Adams. 24 25 3 CSB REPORTING COLLOQUY Wilder, Idaho 83676 1 CHRISTINE ADAMS, 2 produced as a witness at the instance of the Staff, 3 having been first duly sworn, was examined and testified 4 as follows: 5 6 HEARING EXAMINER: Ms. Nordstrom. 7 MS. NORDSTROM: Thank you. 8 9 DIRECT EXAMINATION 10 11 BY MS. NORDSTROM: 12 Q Ms. Adams, please state your full name and 13 your last name for the record. 14 A Christine Adams. 15 Q And could you spell your last name? 16 A A-d-a-m-s. 17 Q By whom are you employed and in what 18 capacity? 19 A I'm employed by the Idaho Public Utilities 20 Commission as a financial support technician. 21 Q Are you the same Christine Adams that filed 22 direct testimony on February 25th, 2003? 23 A Yes, I am. 24 Q Do you have any corrections or changes to 25 your testimony? 4 CSB REPORTING ADAMS (Di) Wilder, Idaho 83676 Staff 1 A No, I do not. 2 Q If I were to ask you the questions set out 3 in your prefiled testimony today, would your answers be 4 the same? 5 A Yes, they would. 6 MS. NORDSTROM: I would move that the 7 prefiled direct testimony of Christine Adams be spread 8 upon the record as if read. 9 HEARING EXAMINER: All right, without 10 objection, given the absence of any other party in the 11 room, we'll spread the testimony upon the record. 12 (The following prefiled testimony of 13 Ms. Christine Adams is spread upon the record.) 14 15 16 17 18 19 20 21 22 23 24 25 5 CSB REPORTING ADAMS (Di) Wilder, Idaho 83676 Staff 1 Q. Please state your name and business address 2 for the record. 3 A. My name is Christine Adams and my 4 business address is 472 W. Washington Street, Boise, 5 Idaho. 6 Q. By whom are you employed and in what 7 capacity? 8 A. I am employed as a financial support 9 technician by the Idaho Public Utilities Commission's 10 Fiscal Section. My job responsibilities include setting 11 up and maintaining assessment account files on all utility 12 companies doing business in Idaho that have tariffs or 13 price lists on file with our agency. These account files 14 include: notices of requests for gross intrastate revenue, 15 annual assessment fee billing statements, receipting 16 information, and other correspondence pertaining to gross 17 intrastate revenue and assessment billings. 18 Q. What is the purpose of your testimony? 19 A. I am offering testimony in the proceeding 20 commonly referred to as Case No. GNR-U-03-3. In the Show 21 Cause proceeding I am offering evidence regarding the 22 failure of twenty-four (24) companies named in the Show 23 Cause Order to pay their 2002 regulatory fee. In 24 addition, these companies failed to report their gross 25 operating revenues for the 2001 calendar year as required 6 GNR-U-03-3 ADAMS, C (Di) 1 02/25/03 STAFF 1 by Idaho Code Section 61-1003. 2 THE ANNUAL REGULATORY FEE 3 Q. Please explain the annual regulatory fee. 4 A. Chapter 10 of Title 61 requires that each 5 public utility subject to the jurisdiction of the 6 Commission "shall pay to the commission in each year, a 7 special regulatory fee in such amount as the commission 8 shall find and determine to be necessary . . . to defray 9 the amount to be expended by the commission for expenses 10 in supervising and regulating the public utilities . . ." 11 Idaho Code Section 61-1001. 12 Q. Is this fee applicable to Title 62 13 telecommunications Corporation's identified in this Show 14 Cause case? 15 A. Yes. Idaho Code Section 62-611 State's the 16 telephone Corporation's whose services are subject to the provisions of [Title 62], 17 shall pay to the Commission a special regulatory fee to be determined by the 18 Commission, pursuant to procedures set forth in chapter 10, Title 61, Idaho Code, in such 19 amount as may be necessary to defray the amount to be expended by the Commission for 20 expenses in supervising and regulating telephone Corporation's pursuant to 21 [Chapter 6 of Title 62]. 22 23 24 25 7 GNR-U-03-3 ADAMS, C (Di) 2 02/25/03 STAFF 1 Q. How is the fee calculated and assessed? 2 A. Idaho Code Section 61-1003 requires that 3 each public utility 4 shall file with the Commission a return verified by an officer or agent of the 5 public utilities . . . involved, showing its gross operating revenues from its 6 intrastate utility . . . business in Idaho for the preceding calendar year 7 during which it carried on such intrastate utility or railroad business. 8 9 For purposes of this hearing, twenty-four Title 62 10 companies identified in Case No. GNR-U-03-3 failed to 11 report their intrastate gross operating revenues for the 12 2001 calendar year. 13 Q. What happens after the preceding year's 14 annual revenues are reported? 15 A. Once the utilities report their gross 16 intrastate operating revenues, the Commission determines 17 the proportional assessment that all public utilities must 18 pay based upon the Commission's annual appropriation by 19 the legislature. No later than April 15 of each year, the 20 Commission determines the proportional assessment. This 21 proportional assessment (in the form of a multiplier) is 22 then multiplied by each utility's reported gross operating 23 revenues. Idaho Code Section 61-1004. For the 2002 24 regulatory assessment, the Commission determined that 25 "the proportionate share of each utility's fee is to be 8 GNR-U-03-3 ADAMS, C (Di) 3 02/25/03 STAFF 1 assessed at .2577% (.002577) of each utility's gross 2 intrastate operating revenues. In no case shall the 3 assessed regulatory fee be less than $50.00 Idaho Code 4 Section 61-1004(3)." Order No. 29005. 5 On April 22, 2002, the Commission mailed a 6 statement to each Title 62 utility notifying them of 7 their 2002 annual assessment. 8 Q. How do utilities pay their assessments? 9 A. Idaho Code Section 61-1005 requires that, 10 [o]n or before May 1st of each year, the Commission shall notify each public utility 11 . . . by mail, of the amount of its fee for the ensuing physical year... Such fee 12 shall be paid to the commission in equal semiannual installments on or before the 15th 13 day of May and November in each fiscal year. 14 Q. What happens if payments are late? 15 A. Section 61-1005 further provides that, 16 If payment shall not be made on or before said respective dates, the installment so due 17 shall bear interest at the rate of 6 percent (6%) per annum until such time as the full 18 amount of the installment shall have been paid. Upon failure, refusal or neglect of 19 any public utility or railroad corporation to pay such fee the attorney general shall 20 commence an action in the name of the state to collect the same. 21 22 Q. Please describe the procedures used to 23 notify the companies to report their preceding calendar 24 year revenues and to pay their regulatory assessments. 25 9 GNR-U-03-3 ADAMS, C (Di) 4 02/25/03 STAFF 1 A. As previously mentioned, Idaho Code 2 Section 61-1005 requires the Commission to notify each 3 utility of its regulatory fee by mail. According to 4 Commission Title 62 Rule 202 (IDAPA 31.42.01.202.02), 5 each Title 62 corporation is required to provide the 6 Commission with the 7 address of the principle place of business of the telephone corporation, 8 and, if there is a principle place of business in Idaho, the address of the 9 principle place of business in Idaho, [and an] agent in Idaho for service of 10 process by the Commission in the state of Idaho. 11 IDAPA 31.42.01.202.02 (b) and (c). 12 Rule 202.03 also provides that, 13 orders and other documents issued by the 14 Commission may be served by mail on the agent for service of process listed 15 pursuant to Rule 202.01(c) of this Rule. This service constitutes due and timely 16 notice to the telephone corporation, and no further service is necessary to bind 17 the telephone corporation. 18 IDAPA 31.42.01.202.03. 19 Q. How were the Orders to Show Cause in 20 this proceeding served upon the companies? 21 A. Order No. 29185 in Case GNR-U-03-3 was service 22 dated January 27, 2003. Idaho Code Section 62-619 provides 23 that in all matters arising under the Chapter 6 of Title 24 62 that are submitted to the Commission for decision, 25 "shall be governed by the commission's rules of practice 10 GNR-U-03-3 ADAMS, C (Di) 5 02/25/03 STAFF 1 and procedure." Commission Procedural Rule 16 provides 2 that the Commission Secretary shall serve all Orders by 3 mail. IDAPA 31.01.01.16.01. This Rule also requires the 4 Commission Secretary to serve complaints against 5 utilities upon the person designated for that purpose by 6 the utility. Furthermore, 7 All utilities must maintain on file with the Commission Secretary a designation 8 of such a person. Summonses and complaints directed to regulated utilities . . . may be 9 served by registered or certified mail. 10 IDAPA 31.01.01.16.02. Pursuant to Rule 16, the Commission 11 Secretary served the Show Cause Orders by certified mail. 12 Idaho Code Section 61-615 also allows complaints 13 against utilities to be served by registered mail. 14 Q. Please describe the allegations against 15 American Telecommunications Enterprise, Inc., Colorado 16 River Communications Corp., Complus, L.L.C., Correctional 17 Communications Systems of Idaho, L.L.C., Cybersentry, 18 Inc., Faxnet Corporation, Federal Transtel, Inc., GF 19 Enterprises, Ruth & Tara Millward, Nexstar Communications 20 Inc., Nor Communications, Inc., Overlook Communications 21 International Corporation, PTT Telekom, Inc., Quest 22 Telecommunications, Inc., Smitty's Pub, Telecom Network, 23 Inc., Telehub Network Services Corporation, Teltrust 24 Communications Services, Inc., Touchtone Network, Inc., 25 USA Tele Corp., USBG, Inc., Vista Group International, 11 GNR-U-03-3 ADAMS, C (Di) 6 02/25/03 STAFF 1 Inc., West End Communications, Inc., and Western State 2 Pay Phones ordered to Show Cause in Order No. 29185. 3 A. I will address each company individually 4 with the exception of Arrival Communications, Inc. and 5 Miracle Communications, which I recommend be removed from 6 this proceeding. 7 1. American Telecommunications Enterprise, Inc. 8 On February 8, 2002, a letter was mailed to 9 American Telecommunications Enterprise, Inc. asking it to 10 report its gross intrastate revenue on or before April 1, 11 2002. The Company did not timely report its gross 12 intrastate revenue. On April 22, 2002, a statement of 13 their annual assessment fee was mailed. Because the 14 Company initially failed to report its revenues, it was 15 assessed the minimum fee of $50 per Idaho Code Section 16 61-1004(3). This statement also mentioned that the fee 17 may be paid in two equal installments, the first due no 18 later than May 15, 2002, and the second due no later than 19 November 15, 2002. However, the entire fee could be paid 20 no later than the first installment date. The Company 21 did not respond to this statement either. 22 Q. What happened next? 23 A. On October 1, 2002, a second letter was sent 24 to American Telecommunications Enterprise, Inc. stating 25 that its first half payment of the regulatory fee had not 12 GNR-U-03-3 ADAMS, C (Di) 7 02/25/03 STAFF 1 been received. The amount owed, including calculated 2 interest of 6% per annum, was now $25.57 for the first 3 half due no later than October 15, 2002 or $50.57 for the 4 entire year's assessment. 5 Q. Has the Company paid its 2002 regulatory fee? 6 A. No. As of February 24, 2003, the Commission 7 has not received American Telecommunications Enterprise, 8 Inc.'s 2002 regulatory fee of $51.01 (interest included 9 as of January 15, 2003) and the fee is well past due. 10 Q. Did the Commission attempt to serve a copy 11 of Order No. 29185, directing the Company to appear at 12 the Show Cause Hearing, via certified mail? 13 A. Yes, however, the mail was returned by the 14 Post Office as "not deliverable as addressed, unable to 15 forward." 16 Q. Does American Telecommunications 17 Enterprise, Inc. have a current Certificate of Authority 18 issued by the Secretary of State to do business in Idaho? 19 A. No. On January 15, 2003 I reviewed the 20 Secretary of State's website for the Certificate 21 information pertaining to American Telecommunications 22 Enterprise, Inc. According to the Secretary of State's 23 records, American Telecommunications Enterprise, Inc.'s 24 Certificate was administratively revoked in March 2001. 25 Q. Why is this significant? 13 GNR-U-03-3 ADAMS, C (Di) 8 02/25/03 STAFF 1 A. The Company is not authorized to conduct 2 business in Idaho, even if it had paid this Commission's 3 regulatory fee. 4 Q. Do you believe American Telecommunications 5 Enterprise, Inc. receives mail at the address on file 6 with the Commission Secretary? 7 A. No. All of the correspondence mailed to 8 American Telecommunications Enterprise, Inc. was returned 9 by the Post Office as "unable to forward, box closed." 10 Q. To your knowledge, when was the last time 11 American Telecommunications Enterprise, Inc. communicated 12 with the Commission regarding regulatory assessments? 13 A. The Company has not communicated with the 14 Commission regarding fee assessments since May 8, 2000, 15 when it paid the 2000 regulatory assessment fee of $50. 16 Q. To your knowledge, did the Commission 17 Secretary attempt to serve this Order to Show Cause upon 18 the Company's designated service agent? 19 A. Yes. On January 27, 2003 the Order to Show 20 Cause was sent via certified mail to CT Corporation 21 System at 300 N. 6th St, Boise, ID 83701; J. Hambleton 22 signed the return receipt on January 28, 2003. 23 2. Colorado River Communications Corporation 24 On February 8, 2002, a letter was mailed to 25 Colorado River Communications Corporation asking it to 14 GNR-U-03-3 ADAMS, C (Di) 9 02/25/03 STAFF 1 report its gross intrastate revenue on or before April 1, 2 2002. The Company did not timely report its gross 3 intrastate revenue. On April 22, 2002, a statement of 4 their annual assessment fee was mailed. Because the 5 Company initially failed to report its revenues, it was 6 assessed the minimum fee of $50 per Idaho Code Section 7 (61-1004(3). This statement also mentioned that the fee 8 may be paid in two equal installments, the first due no 9 later than May 15, 2002, and the second due no later than 10 November 15, 2002. However, the entire fee could be paid 11 no later than the first installment date. The Company 12 did not respond to this statement either. 13 Q. What happened next? 14 A. On October 1, 2002, a second letter was 15 sent to Colorado River Communications Corporation stating 16 that its first half payment of the regulatory fee had not 17 been received. The amount owed, including calculated 18 interest of 6% per annum, was now $25.57 for the first 19 half due no later than October 15, 2002 or $50.57 for the 20 entire year's assessment. 21 Q. Has the Company paid its 2002 regulatory fee? 22 A. No. As of February 24, 2003, the 23 Commission has not received Colorado River Communications 24 Corporation's 2002 regulatory fee of $51.01 (interest 25 15 GNR-U-03-3 ADAMS, C (Di) 10 02/25/03 STAFF 1 included as of January 15, 2003) and the fee is well past 2 due. 3 Q. Did the Commission attempt to serve a copy 4 of Order No. 29185, directing the Company to appear at 5 the Show Cause Hearing, via certified mail? 6 A. Yes, however, the mail was returned by the 7 Post Office as "returned to sender, box closed no order." 8 Q. Does Colorado River Communications 9 Corporation have a current Certificate of Authority 10 issued by the Secretary of State to do business in Idaho? 11 A. No. On January 15, 2003 I reviewed the 12 Secretary of State's website for the Certificate 13 information pertaining to Colorado River Communications 14 Corporation. According to the Secretary of State's 15 records, Colorado River Communications Corporation's 16 Certificate was administratively revoked in November 17 2000. 18 Q. Why is this significant? 19 A. The Company is not authorized to conduct 20 business in Idaho, even if it had paid this Commission's 21 regulatory fee. 22 Q. Do you believe Colorado River 23 Communications Corporation receives mail at the address 24 on file with the Commission Secretary? 25 16 GNR-U-03-3 ADAMS, C (Di) 11 02/25/03 STAFF 1 A. No. All of the correspondence mailed to 2 Colorado River Communications Corporation was returned by 3 the Post Office as "box closed no order." 4 Q. To your knowledge, when was the last time 5 Colorado River Communications Corporation communicated 6 with the Commission regarding regulatory assessments? 7 A. The Company has not communicated with the 8 Commission regarding fee assessments since August 24, 9 1999, when it paid the 1999 regulatory assessment fee of 10 $50. 11 Q. To your knowledge, did the Commission 12 Secretary attempt to serve this Order to Show Cause upon 13 the Company's designated service agent? 14 A. Yes. On January 27, 2003 the Order to Show 15 Cause was sent via certified mail to Prentice-Hall Corp. 16 System, 200 N 23rd St, Boise, ID 83702; Luella Lee signed 17 the return receipt on January 28, 2003. 18 3. Complus, L.L.C. 19 On February 8, 2002, a letter was mailed to 20 Complus, L.L.C. asking it to report its gross intrastate 21 revenue on or before April 1, 2002. The Company did not 22 timely report its gross intrastate revenue. On April 22, 23 2002, a statement of their annual assessment fee was 24 mailed. Because the Company initially failed to report 25 its revenues, it was assessed the minimum fee of $50 per 17 GNR-U-03-3 ADAMS, C (Di) 12 02/25/03 STAFF 1 Idaho Code Section (61-1004(3). This statement also 2 mentioned that the fee may be paid in two equal 3 installments, the first due no later than May 15, 2002, 4 and the second due no later than November 15, 2002. 5 However, the entire fee could be paid no later than the 6 first installment date. The Company did not respond to 7 this statement either. 8 Q. What happened next? 9 A. On October 1, 2002, a second letter was sent 10 to Complus, L.L.C. stating that its first half payment of 11 the regulatory fee had not been received. The amount 12 owed, including calculated interest of 6% per annum, was 13 now $25.57 for the first half due no later than October 14 15, 2002 or $50.57 for the entire year's assessment. 15 Q. Has the Company paid its 2002 regulatory fee? 16 A. No. As of February 24, 2003, the Commission 17 has not received Complus, L.L.C.'s 2002 regulatory fee of 18 $51.01 (interest included as of January 15, 2003) and the 19 fee is well past due. 20 Q. Did the Commission attempt to serve a copy 21 of Order No. 29185, directing the Company to appear at 22 the Show Cause Hearing, via certified mail? 23 A. Yes, however, the mail was returned by the 24 Post Office as "returned to sender, forwarding order 25 expired." 18 GNR-U-03-3 ADAMS, C (Di) 13 02/25/03 STAFF 1 Q. Does Complus, L.L.C. have a current 2 Certificate of Authority issued by the Secretary of State 3 to do business in Idaho? 4 A. No. On January 15, 2003 I reviewed the 5 Secretary of State's website for the Certificate 6 information pertaining to Complus, L.L.C. According to 7 the Secretary of States' records, Complus, L.L.C.'s 8 Certificate was administratively cancelled in February 9 2000. 10 Q. Why is this significant? 11 A. The Company is not authorized to conduct 12 business in Idaho, even if it had paid this Commission's 13 regulatory fee. 14 Q. Do you believe Complus, L.L.C. receives mail 15 at the address on file with the Commission Secretary? 16 A. No. All of the correspondence mailed to 17 Complus, L.L.C. was returned by the Post Office as 18 "forwarding order expired." 19 Q. To your knowledge, when was the last time 20 Complus, L.L.C. communicated with the Commission 21 regarding regulatory assessments? 22 A. The Company has never communicated with the 23 Commission regarding fee assessments since filing their 24 price list in March 1999. 25 19 GNR-U-03-3 ADAMS, C (Di) 14 02/25/03 STAFF 1 Q. To your knowledge, did the Commission 2 Secretary attempt to serve this Order to Show Cause upon 3 the Company's designated service agent? 4 A. Yes. On January 27, 2003, the Order to 5 Show Cause was sent via certified mail to National 6 Registered Agents, Inc. 1423 Tyrell Lane, Boise, ID 7 83706; Sharon Spangle signed the return receipt on 8 January 28, 2003. NRAI has notified the Commission that 9 Complus, L.L.C. is no longer their client. 10 4. Correctional Communications Systems of Idaho, L.L.C. 11 On February 8, 2002, a letter was mailed to 12 Correctional Communications Systems of Idaho, L.L.C. 13 asking it to report its gross intrastate revenue on or 14 before April 1, 2002. The Company did not timely report 15 its gross intrastate revenue. On April 22, 2002, a 16 statement of their annual assessment fee was mailed. 17 Because the Company initially failed to report its 18 revenues, it was assessed the minimum fee of $50 per Idaho 19 Code Section (61-1004(3). This statement also mentioned 20 that the fee may be paid in two equal installments, the 21 first due no later than May 15, 2002, and the second due 22 no later than November 15, 2002. However, the entire fee 23 could be paid no later than the first installment date. 24 The Company did not respond to this statement either. 25 Q. What happened next? 20 GNR-U-03-3 ADAMS, C (Di) 15 02/25/03 STAFF 1 A. On October 1, 2002, a second letter was 2 sent to Correctional Communications Systems of Idaho, 3 L.L.C. stating that its first half payment of the 4 regulatory fee had not been received. The amount owed, 5 including calculated interest of 6% per annum, was now 6 $25.57 for the first half due no later than October 15, 7 2002 or $50.57 for the entire year's assessment. 8 Q. Has the Company paid its 2002 regulatory fee? 9 A. No. As of February 24, 2003, the Commission 10 has not received Correctional Communications Systems of 11 Idaho, L.L.C.'s 2002 regulatory fee of $51.01 (interest 12 included as of January 15, 2003) and the fee is well past 13 due. 14 Q. Did the Commission attempt to serve a copy 15 of Order No. 29185, directing the Company to appear at 16 the Show Cause Hearing, via certified mail? 17 A. Yes, however, the certified mail was 18 returned by the Post Office as "not deliverable as 19 addressed, unable to forward." 20 Q. Does Correctional Communications Systems of 21 Idaho, L.L.C. have a current Certificate of Authority 22 issued by the Secretary of State to do business in Idaho? 23 A. No. On January 15, 2003 I reviewed the 24 Secretary of State's website for the Certificate 25 information pertaining to Correctional Communications 21 GNR-U-03-3 ADAMS, C (Di) 16 02/25/03 STAFF 1 Systems of Idaho, L.L.C. According to the Secretary of 2 State's records, Correctional Communications Systems of 3 Idaho, L.L.C.'s Certificate was administratively canceled 4 in February 1999. 5 Q. Why is this significant? 6 A. The Company is not authorized to conduct 7 business in Idaho, even if it had paid this Commission's 8 regulatory fee. 9 Q. Do you believe Correctional Communications 10 Systems of Idaho, L.L.C. receives mail at the address on 11 file with the Commission Secretary? 12 A. No. All of the correspondence mailed to 13 Correctional Communications Systems of Idaho, L.L.C. was 14 returned by the Post Office as "attempted, not known, not 15 deliverable as addressed, unable to forward." 16 Q. To your knowledge, when was the last time 17 Correctional Communications Systems of Idaho, L.L.C. 18 communicated with the Commission regarding regulatory 19 assessments? 20 A. The Company has not communicated with the 21 Commission regarding fee assessments since September 2, 22 1997, when it paid the 1997 regulatory assessment fee of 23 $50.54. 24 25 22 GNR-U-03-3 ADAMS, C (Di) 17 02/25/03 STAFF 1 Q. To your knowledge, did the Commission 2 Secretary attempt to serve this Order to Show Cause upon 3 the Company's designated service agent? 4 A. Yes. On January 27, 2003 the Order to Show 5 Cause was sent via certified mail to John G. Grant, 2710 6 Sunrise Rim Suite 240, Boise, ID 83705. The certified 7 mail was returned by the Post Office as "undeliverable as 8 addressed, no forwarding order on file." 9 4. Cybersentry, Inc. 10 On February 8, 2002, a letter was mailed to 11 Cybersentry, Inc. asking it to report its gross intrastate 12 revenue on or before April 1, 2002. The Company did not 13 timely report its gross intrastate revenue. On April 22, 14 2002, a statement of their annual assessment fee was 15 mailed. Because the Company initially failed to report 16 its revenues, it was assessed the minimum fee of $50 per 17 Idaho Code Section (61-1004(3). This statement also 18 mentioned that the fee may be paid in two equal 19 installments, the first due no later than May 15, 2002, 20 and the second due no later than November 15, 2002. 21 However, the entire fee could be paid no later than the 22 first installment date. The Company did not respond to 23 this statement either. 24 Q. What happened next? 25 A. On October 1, 2002, a second letter was sent to Cybersentry, Inc. stating that its first half payment 23 GNR-U-03-3 ADAMS, C (Di) 18 02/25/03 STAFF 1 of the regulatory fee had not been received. The amount 2 owed, including calculated interest of 6% per annum, was 3 now $25.57 for the first half due no later than October 4 15, 2002 or $50.57 for the entire year's assessment. 5 Q. Has the Company paid its 2002 regulatory fee? 6 A. No. As of February 24, 2003, the 7 Commission has not received Cybersentry, Inc.'s 2002 8 regulatory fee of $51.01 (interest included as of January 9 15, 2003) and the fee is well past due. 10 Q. Did the Commission attempt to serve a copy 11 of Order No. 29185, directing the Company to appear at 12 the Show Cause Hearing, via certified mail? 13 A. Yes, however, the certified mail was 14 returned by the Post Office as "return to sender, unable 15 to forward." 16 Q. Does Cybersentry, Inc. have a current 17 Certificate of Authority issued by the Secretary of State 18 to do business in Idaho? 19 A. No. On January 15, 2003 I reviewed the 20 Secretary of State's website for the Certificate 21 information pertaining to Cybersentry, Inc. According to 22 the Secretary of State's records, Cybersentry, Inc.'s 23 Certificate was administratively revoked in November 24 2001. 25 Q. Why is this significant? 24 GNR-U-03-3 ADAMS, C (Di) 19 02/25/03 STAFF 1 A. The Company is not authorized to conduct 2 business in Idaho, even if it had paid this Commission's 3 regulatory fee. 4 Q. Do you believe Cybersentry, Inc. receives 5 mail at the address on file with the Commission 6 Secretary? 7 A. No. All of the correspondence mailed to 8 Cybersentry, Inc. was returned by the Post Office as 9 "return to sender, unable to forward." 10 Q. To your knowledge, when was the last time 11 Cybersentry, Inc. communicated with the Commission 12 regarding regulatory assessments? 13 A. The Company has never communicated with the 14 Commission regarding fee assessments since filing their 15 price list in July 2000. 16 Q. To your knowledge, did the Commission 17 Secretary attempt to serve this Order to Show Cause upon 18 the Company's designated service agent? 19 A. Yes. On January 27, 2003 the Order to Show 20 Cause was sent via certified mail to National Registered 21 Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon 22 Spangle signed the return receipt on January 28, 2003. 23 NRAI has notified the Commission that Cybersentry, Inc. 24 is no longer their client. 25 25 GNR-U-03-3 ADAMS, C (Di) 20 02/25/03 STAFF 1 5. Faxnet Corporation 2 On February 8, 2002, a letter was mailed to 3 Faxnet Corporation asking it to report its gross 4 intrastate revenue on or before April 1, 2002. The 5 Company did not timely report its gross intrastate 6 revenue. On April 22, 2002, a statement of their annual 7 assessment fee was mailed. Because the Company initially 8 failed to report its revenues, it was assessed the minimum 9 fee of $50 per Idaho Code (61-1004(3). This statement 10 also mentioned that the fee may be paid in two equal 11 installments the first due no later than May 15, 2002, 12 and the second due no later than November 15, 2002. 13 However, the entire fee could be paid no later than the 14 first installment date. The Company did not respond to 15 this statement either. 16 Q. What happened next? 17 A. On October 1, 2002, a second letter was sent 18 to Faxnet Corporation stating that its first half payment 19 of the regulatory fee had not been received. The amount 20 owed, including calculated interest of 6% per annum, was 21 now $25.57 for the first half due no later than October 22 15, 2002 or $50.57 for the entire year's assessment. 23 Q. Has the Company paid its 2002 regulatory fee? 24 A. No. As of February 24, 2003, the Commission 25 has not received Faxnet Corporation's 2002 regulatory fee 26 GNR-U-03-3 ADAMS, C (Di) 21 02/25/03 STAFF 1 of $51.01 (interest included as of January 15, 2003) and 2 the fee is well past due. 3 Q. Did the Commission attempt to serve a copy 4 of Order No. 29185, directing the Company to appear at 5 the Show Cause Hearing, via certified mail? 6 A. Yes, however, the certified mail was 7 returned by the Post Office as "return to sender, 8 attempted unknown, forward expired." 9 Q. Does Faxnet Corporation have a current 10 Certificate of Authority issued by the Secretary of State 11 to do business in Idaho? 12 A. No. On January 15, 2003 I reviewed the 13 Secretary of State's website for the Certificate 14 information pertaining to Faxnet Corporation. According 15 to the Secretary of State's records, Faxnet Corporation's 16 Certificate was administratively revoked in October 2000. 17 Q. Why is this significant? 18 A. The Company is not authorized to conduct 19 business in Idaho, even if it had paid this Commission's 20 regulatory fee. 21 Q. Do you believe Faxnet Corporation receives 22 mail at the address on file with the Commission Secretary? 23 A. No. All of the correspondence mailed to 24 Faxnet Corporation was returned by the Post Office as 25 "return to sender, attempted unknown, forward expired." 27 GNR-U-03-3 ADAMS, C (Di) 22 02/25/03 STAFF 1 Q. To your knowledge, when was the last time 2 Faxnet Corporation paid its regulatory assessment? 3 A. The Company last paid the annual $50 4 regulatory assessment fee on June 14, 2000. 5 Q. To your knowledge, did the Commission 6 Secretary attempt to serve this Order to Show Cause upon 7 the Company's designated service agent? 8 A. Yes. On January 27, 2003 the Order to Show 9 Cause was sent via certified mail to CT Corporation 10 System at 300 N. 6th St, Boise, ID 83701; J. Hambleton 11 signed the return receipt on January 28, 2003. 12 6. Federal Transtel, Inc. 13 On February 8, 2002, a letter was mailed to 14 Federal Transtel, Inc. asking it to report its gross 15 intrastate revenue on or before April 1, 2002. The 16 Company did not timely report its gross intrastate 17 revenue. On April 22, 2002, a statement of their annual 18 assessment fee was mailed. Because the Company initially 19 failed to report its revenues, it was assessed the 20 minimum fee of $50 per Idaho Code Section (61-1004(3). 21 This statement also mentioned that the fee may be paid in 22 two equal installments, the first due no later than May 15, 23 2002, and the second due no later than November 15, 2002. 24 However, the entire fee could be paid no later than the 25 28 GNR-U-03-3 ADAMS, C (Di) 23 02/25/03 STAFF 1 first installment date. The Company did not respond to 2 this statement either. 3 Q. What happened next? 4 A. On October 1, 2002, a second letter was 5 sent to Federal Transtel, Inc. stating that its first 6 half payment of the regulatory fee had not been received. 7 The amount owed, including calculated interest of 6% per 8 annum, was now $25.57 for the first half due no later 9 than October 15, 2002 or $50.57 for the entire year's 10 assessment. 11 Q. Has the Company paid its 2002 regulatory fee? 12 A. No. As of February 24, 2003, the 13 Commission has not received Federal Transtel, Inc.'s 2002 14 regulatory fee of $51.01 (interest included as of January 15 15, 2003) and the fee is well past due. 16 Q. Did the Commission attempt to serve a copy 17 of Order No. 29185, directing the Company to appear at 18 the Show Cause Hearing, via certified mail? 19 A. Yes, however, the certified mail was 20 returned by the Post Office as "moved left no address, 21 unable to forward, return to sender." 22 Q. Does Federal Transtel, Inc. have a current 23 Certificate of Authority issued by the Secretary of State 24 to do business in Idaho? 25 29 GNR-U-03-3 ADAMS, C (Di) 24 02/25/03 STAFF 1 A. No. On January 15, 2003 I reviewed the 2 Secretary of State's website for the Certificate 3 information pertaining to Federal Transtel, Inc. 4 According to the Secretary of State's records, Federal 5 Transtel, Inc.'s Certificate was withdrawn in December 6 1998. 7 Q. Why is this significant? 8 A. The Company is not authorized to conduct 9 business in Idaho, even if it had paid this Commission's 10 regulatory fee. 11 Q. Do you believe Federal Transtel, Inc. receives 12 mail at the address on file with the Commission Secretary? 13 A. No. The October 1, 2002 letter mailed to 14 Federal Transtel, Inc. was returned by the Post Office as 15 "return to sender, moved left no address, unable to 16 forward." 17 Q. To your knowledge, when was the last time 18 Federal Transtel, Inc. communicated with the Commission 19 regarding regulatory assessments? 20 A. The Company has not communicated with the 21 Commission regarding fee assessments since July 3, 2001, 22 when it paid the 2001 regulatory assessment fee of $50. 23 Q. To your knowledge, did the Commission 24 Secretary attempt to serve this Order to Show Cause upon 25 the Company's designated service agent? 30 GNR-U-03-3 ADAMS, C (Di) 25 02/25/03 STAFF 1 A. Yes. On January 27, 2003, the Order to 2 Show Cause was sent via certified mail to National 3 Registered Agents, Inc. 1423 Tyrell Lane, Boise, ID 4 83706; Sharon Spangle signed the return receipt on 5 January 28, 2003. NRAI has notified the Commission that 6 Federal Transtel, Inc. is no longer their client. 7 7. GF Enterprises 8 On February 8, 2002, a letter was mailed to GF 9 Enterprises asking it to report its gross intrastate 10 revenue on or before April 1, 2002. The Company did not 11 timely report its gross intrastate revenue. On April 22, 12 2002, a statement of their annual assessment fee was 13 mailed. Because the Company initially failed to report 14 its revenues, it was assessed the minimum fee of $50 per 15 Idaho Code Section (61-1004(3). This statement also 16 mentioned that the fee may be paid in two equal 17 installments, the first due no later than May 15, 2002, 18 and the second due no later than November 15, 2002. 19 However, the entire fee could be paid no later than the 20 first installment date. The Company did not respond to 21 this statement either. 22 Q. What happened next? 23 A. On October 1, 2002, a second letter was 24 sent to GF Enterprises stating that its first half payment 25 of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was 31 GNR-U-03-3 ADAMS, C (Di) 26 02/25/03 STAFF 1 now $25.57 for the first half due no later than October 2 15, 2002 or $50.57 for the entire year's assessment. 3 Q. Has the Company paid its 2002 regulatory fee? 4 A. No. As of February 24, 2003, the Commission 5 has not received GF Enterprises's 2002 regulatory fee of 6 $51.01 (interest included as of January 15, 2003) and the 7 fee is well past due. 8 Q. Did the Commission attempt to serve a copy 9 of Order No. 29185, directing the Company to appear at 10 the Show Cause Hearing, via certified mail? 11 A. Yes, however, the certified mail was 12 returned by the Post Office as "not deliverable as 13 addressed, unable to forward." 14 Q. Does GF Enterprises have a current 15 Certificate of Existence issued by the Secretary of State 16 to do business in Idaho? 17 A. No. On January 15, 2003 I reviewed the 18 Secretary of State's website for the Certificate 19 information pertaining to GF Enterprises. According to 20 the Secretary of State's records, GF Enterprises has 21 never had a Certificate of Existence. 22 Q. Why is this significant? 23 A. The Company is not authorized to conduct 24 business in Idaho because it is in violation of Idaho 25 Code Section 53-504 and 53-509. 32 GNR-U-03-3 ADAMS, C (Di) 27 02/25/03 STAFF 1 Q. Do you believe GF Enterprises receives mail 2 at the address on file with the Commission Secretary? 3 A. No. All of the correspondence mailed to GF 4 Enterprises was returned by the Post Office as "not 5 deliverable as addressed, unable to forward." 6 Q. To your knowledge, when was the last time 7 GF Enterprises communicated with the Commission regarding 8 regulatory assessments? 9 A. The Company has never communicated with the 10 Commission regarding fee assessments since filing their 11 price list in November 1996. 12 8. Ruth and Tara Millward 13 On February 8, 2002, a letter was mailed to 14 Ruth and Tara Millward asking them to report their gross 15 intrastate revenue on or before April 1, 2002. They did 16 not timely report their gross intrastate revenue. On 17 April 22, 2002, a statement of their annual assessment 18 fee was mailed. Because they initially failed to report 19 their revenues, they were assessed the minimum fee of $50 20 per Idaho Code Section (61-1004(3). This statement also 21 mentioned that the fee may be paid in two equal installments, 22 the first due no later than May 15, 2002, and the second 23 due no later than November 15, 2002. However, the entire 24 fee could be paid no later than the first installment 25 date. They did not respond to this statement either. 33 GNR-U-03-3 ADAMS, C (Di) 28 02/25/03 STAFF 1 Q. What happened next? 2 A. On October 1, 2002, a second letter was 3 sent to Ruth and Tara Millward stating that the first 4 half payment of the regulatory fee had not been received. 5 The amount owed, including calculated interest of 6% 6 per annum, was now $25.57 for the first half due no later 7 than October 15, 2002 or $50.57 for the entire year's 8 assessment. 9 Q. Have Ruth and Tara Millward paid the 2002 10 regulatory fee? 11 A. No. As of February 24, 2003, the 12 Commission has not received Ruth and Tara Millwards 2002 13 regulatory fee of $51.01 (interest included as of January 14 15, 2003) and the fee is well past due. 15 Q. Did the Commission attempt to serve a copy 16 of Order No. 29185, directing Ruth and Tara Millward to 17 appear at the Show Cause Hearing, via certified mail? 18 A. Yes, however, the certified mail was 19 returned by the Post Office as "undeliverable as 20 addressed, no forwarding address on file." 21 Q. Do Ruth and Tara Millward have a current 22 Certificate of Existence issued by the Secretary of State 23 to do business in Idaho? 24 A. No. Ruth and Tara Millward are operating as 25 a small business using their own names; therefore, they are 34 GNR-U-03-3 ADAMS, C (Di) 29 02/25/03 STAFF 1 not required to obtain a Certificate of Existence with 2 the Secretary of State. 3 Q. Do you believe Ruth and Tara Millward receive 4 mail at the address on file with the Commission Secretary? 5 A. No. All of the correspondence mailed to 6 Ruth and Tara Millward was returned by the Post Office as 7 "undeliverable as addressed, no forwarding address on 8 file." 9 Q. To your knowledge, when was the last time 10 GF Enterprises communicated with the Commission regarding 11 regulatory assessments? 12 A. Ruth and Tara Millward have never 13 communicated with the Commission regarding fee 14 assessments since filing their price list in April 1995. 15 9. Nexstar Communications, Inc. 16 On February 8, 2002, a letter was mailed to 17 Nexstar Communications, Inc. asking it to report its 18 gross intrastate revenue on or before April 1, 2002. The 19 Company did not timely report its gross intrastate 20 revenue. On April 22, 2002, a statement of their annual 21 assessment fee was mailed. Because the Company initially 22 failed to report its revenues, it was assessed the 23 minimum fee of $50 per Idaho Code Section (61-1004(3). 24 This statement also mentioned that the fee may be paid in 25 two equal installments, the first due no later than May 35 GNR-U-03-3 ADAMS, C (Di) 30 02/25/03 STAFF 1 15, 2002, and the second due no later than November 15, 2 2002. However, the entire fee could be paid no later 3 than the first installment date. The Company did not 4 respond to this statement either. 5 Q. What happened next? 6 A. On October 1, 2002, a second letter was 7 sent to Nexstar Communications, Inc. stating that its 8 first half payment of the regulatory fee had not been 9 received. The amount owed, including calculated interest 10 of 6% per annum, was now $25.57 for the first half due no 11 later than October 15, 2002 or $50.57 for the entire 12 year's assessment. 13 Q. Has the Company paid its 2002 regulatory fee? 14 A. No. As of February 24, 2003, the 15 Commission has not received Nexstar Communications, 16 Inc.'s 2002 regulatory fee of $51.01 (interest included 17 as of January 15, 2003) and the fee is well past due. 18 Q. Did the Commission attempt to serve a copy 19 of Order No. 29185, directing the Company to appear at 20 the Show Cause Hearing, via certified mail? 21 A. Yes, however, the certified mail was 22 returned by the Post Office as "not deliverable as 23 addressed, unable to forward." 24 25 36 GNR-U-03-3 ADAMS, C (Di) 31 02/25/03 STAFF 1 Q. Does Nexstar Communications, Inc. have a 2 current Certificate of Authority issued by the Secretary 3 of State to do business in Idaho? 4 A. No. On January 15, 2003 I reviewed the 5 Secretary of State's website for the Certificate 6 information pertaining to Nexstar Communications, Inc. 7 According to the Secretary of State's records, Nexstar 8 Communications, Inc.'s Certificate was administratively 9 revoked in February 2000. 10 Q. Why is this significant? 11 A. The Company is not authorized to conduct 12 business in Idaho, even if it had paid this Commission's 13 regulatory fee. 14 Q. Do you believe Nexstar Communications, Inc. 15 receives mail at the address on file with the Commission 16 Secretary? 17 A. No. All of the correspondence mailed to 18 Nexstar Communications, Inc. was returned by the Post 19 Office as "not deliverable as addressed, unable to 20 forward." 21 Q. To your knowledge, when was the last time 22 Nexstar Communications, Inc. communicated with the 23 Commission regarding regulatory assessments? 24 25 37 GNR-U-03-3 ADAMS, C (Di) 32 02/25/03 STAFF 1 A. The Company has not communicated with the 2 Commission regarding fee assessments since June 2, 1999, 3 when it paid the 1999 regulatory assessment fee of $50. 4 Q. To your knowledge, did the Commission 5 Secretary attempt to serve this Order to Show Cause upon 6 the Company's designated service agent? 7 A. Yes. On January 27, 2003 the Order to Show 8 Cause was sent via certified mail to Stanley W. Welsh, 9 815 W. Washington, Boise, ID 83702. The return receipt 10 was signed on January 28, 2003; however, the signature 11 was not legible. 12 10. Nor Communications, Inc. 13 On February 8, 2002, a letter was mailed to 14 Nor Communications, Inc. asking it to report its gross 15 intrastate revenue on or before April 1, 2002. The 16 Company did not timely report its gross intrastate 17 revenue. On April 22, 2002, a statement of their annual 18 assessment fee was mailed. Because the Company initially 19 failed to report its revenues, it was assessed the 20 minimum fee of $50 per Idaho Code Section (61-1004(3). 21 This statement also mentioned that the fee may be paid in 22 two equal installments, the first due no later than May 23 15, 2002, and the second due no later than November 15, 24 2002. However, the entire fee could be paid no later 25 than the 38 GNR-U-03-3 ADAMS, C (Di) 33 02/25/03 STAFF 1 first installment date. The Company did not respond to 2 this statement either. 3 Q. What happened next? 4 A. On October 1, 2002, a second letter was 5 sent to Nor Communications, Inc. stating that its first 6 half payment of the regulatory fee had not been received. 7 The amount owed, including calculated interest of 6% per 8 annum, was now $25.57 for the first half due no later 9 than October 15, 2002 or $50.57 for the entire year's 10 assessment. 11 Q. Has the Company paid its 2002 regulatory fee? 12 A. No. As of February 24, 2003, the 13 Commission has not received Nor Communications, Inc.'s 14 2002 regulatory fee of $51.01 (interest included as of 15 January 15, 2003) and the fee is well past due. 16 Q. Did the Commission attempt to serve a copy 17 of Order No. 29185, directing the Company to appear at 18 the Show Cause Hearing, via certified mail? 19 A. Yes, however, the mail was returned by the 20 Post Office as "attempted, not known." 21 Q. Does Nor Communications, Inc. have a 22 current Certificate of Authority issued by the Secretary 23 of State to do business in Idaho? 24 A. No. On January 15, 2003 I reviewed the 25 Secretary of State's website for the Certificate 39 GNR-U-03-3 ADAMS, C (Di) 34 02/25/03 STAFF 1 information pertaining to Nor Communications, Inc. 2 According to the Secretary of State's records, Nor 3 Communications, Inc.'s Certificate was administratively 4 revoked in December 2000. 5 Q. Why is this significant? 6 A. The Company is not authorized to conduct 7 business in Idaho, even if it had paid this Commission's 8 regulatory fee. 9 Q. Do you believe Nor Communications, Inc. 10 receives mail at the address on file with the Commission 11 Secretary? 12 A. No. The October 1, 2002 letter mailed to 13 Nor Communications, Inc. was returned by the Post Office 14 as "return to sender, unable to forward." 15 Q. To your knowledge, when was the last time 16 Nor Communications, Inc. communicated with the Commission 17 regarding regulatory assessments? 18 A. The Company has never communicated with the 19 Commission regarding fee assessments since filing their 20 price list in January 1999. 21 Q. To your knowledge, did the Commission 22 Secretary attempt to serve this Order to Show Cause upon 23 the Company's designated service agent? 24 A. Yes. On January 27, 2003 the Order to Show 25 Cause was sent via certified mail to Stanley W. Welsh, 40 GNR-U-03-3 ADAMS, C (Di) 35 02/25/03 STAFF 1 815 W. Washington, Boise, ID 83702. The return receipt 2 was signed on January 28, 2003; however, the signature 3 was not legible. 4 11. Overlook Communications International Corporation 5 On February 8, 2002, a letter was mailed to 6 Overlook Communications International Corporation asking 7 it to report its gross intrastate revenue on or before 8 April 1, 2002. The Company did not timely report its 9 gross intrastate revenue. On April 22, 2002, a statement 10 of their annual assessment fee was mailed. Because the 11 Company initially failed to report its revenues, it was 12 assessed the minimum fee of $50 per Idaho Code Section 13 (61-1004(3). This statement also mentioned that the fee 14 may be paid in two equal installments, the first due no 15 later than May 15, 2002, and the second due no later than 16 November 15, 2002. However, the entire fee could be paid 17 no later than the first installment date. The Company 18 did not respond to this statement either. 19 Q. What happened next? 20 A. On October 1, 2002, a second letter was sent 21 to Overlook Communications International Corporation 22 stating that its first half payment of the regulatory fee 23 had not been received. The amount owed, including 24 calculated interest of 6% per annum, was now $25.57 for 25 41 GNR-U-03-3 ADAMS, C (Di) 36 02/25/03 STAFF 1 the first half due no later than October 15, 2002 or 2 $50.57 for the entire year's assessment. 3 Q. Has the Company paid its 2002 regulatory fee? 4 A. No. As of February 24, 2003, the Commission 5 has not received Overlook Communications International 6 Corporation's 2002 regulatory fee of $51.01 (interest 7 included as of January 15, 2003) and the fee is well past 8 due. 9 Q. Did the Commission attempt to serve a copy 10 of Order No. 29185, directing the Company to appear at 11 the Show Cause Hearing, via certified mail? 12 A. Yes, however, the certified mail was 13 returned by the Post Office as "attempted, not known." 14 Q. Does Overlook Communications International 15 Corporation have a current Certificate of Authority 16 issued by the Secretary of State to do business in Idaho? 17 A. No. On January 15, 2003 I reviewed the 18 Secretary of State's website for the Certificate 19 information pertaining to Overlook Communications 20 International Corporation. According to the Secretary of 21 State's records, Overlook Communications International 22 Corporation's Certificate was administratively revoked in 23 September 2002. 24 Q. Why is this significant? 25 42 GNR-U-03-3 ADAMS, C (Di) 37 02/25/03 STAFF 1 A. The Company is not authorized to conduct 2 business in Idaho, even if it had paid this Commission's 3 regulatory fee. 4 Q. Do you believe Overlook Communications 5 International Corporation receives mail at the address on 6 file with the Commission Secretary? 7 A. No. All of the correspondence mailed to 8 Overlook Communications International Corporation was 9 returned by the Post Office as "attempted, not known." 10 Q. To your knowledge, when was the last time 11 Overlook Communications International Corporation 12 communicated with the Commission regarding regulatory 13 assessments? 14 A. The Company has not communicated with the 15 Commission regarding fee assessments since December 6, 16 2000, when it paid the 2000 regulatory assessment fee of 17 $50.39. 18 Q. To your knowledge, did the Commission 19 Secretary attempt to serve this Order to Show Cause upon 20 the Company's designated service agent? 21 A. Yes. On January 27, 2003 the Order to Show 22 Cause was sent via certified mail to CT Corporation 23 System at 300 N. 6th St, Boise, ID 83701; J. Hambleton 24 signed the return receipt on January 28, 2003. 25 43 GNR-U-03-3 ADAMS, C (Di) 38 02/25/03 STAFF 1 13. PTT Telekom, Inc. 2 On February 8, 2002, a letter was mailed to 3 PTT Telekom, Inc. asking it to report its gross intrastate 4 revenue on or before April 1, 2002. The Company did not 5 timely report its gross intrastate revenue. On April 22, 6 2002, a statement of their annual assessment fee was 7 mailed. Because the Company initially failed to report 8 its revenues, it was assessed the minimum fee of $50 per 9 Idaho Code Section (61-1004(3). This statement also 10 mentioned that the fee may be paid in two equal 11 installments, the first due no later than May 15, 2002, 12 and the second due no later than November 15, 2002. 13 However, the entire fee could be paid no later than the 14 first installment date. The Company did not respond to 15 this statement either. 16 Q. What happened next? 17 A. On October 1, 2002, a second letter was sent 18 to PTT Telekom, Inc. stating that its first half payment 19 of the regulatory fee had not been received. The amount 20 owed, including calculated interest of 6% per annum, was 21 now $25.57 for the first half due no later than October 22 15, 2002 or $50.57 for the entire year's assessment. 23 Q. Has the Company paid its 2002 regulatory fee? 24 A. No. As of February 24, 2003, the Commission 25 has not received PTT Telekom, Inc.'s 2002 regulatory fee 44 GNR-U-03-3 ADAMS, C (Di) 39 02/25/03 STAFF 1 of $51.01 (interest included as of January 15, 2003) and 2 the fee is well past due. 3 Q. Did the Commission attempt to serve a copy 4 of Order No. 29185, directing the Company to appear at 5 the Show Cause Hearing, via certified mail? 6 A. Yes, however, the certified mail was 7 returned by the Post Office as "not deliverable as 8 addressed, no forwarding order on file." 9 Q. Does PTT Telekom, Inc. have a current 10 Certificate of Authority issued by the Secretary of State 11 to do business in Idaho? 12 A. No. On January 15, 2003 I reviewed the 13 Secretary of State's website for the Certificate 14 information pertaining to PTT Telekom, Inc. According to 15 the Secretary of State's records, PTT Telekom, Inc.'s 16 Certificate was administratively revoked in November 2001. 17 Q. Why is this significant? 18 A. The Company is not authorized to conduct 19 business in Idaho, even if it had paid this Commission's 20 regulatory fee. 21 Q. Do you believe PTT Telekom, Inc. receives 22 mail at the address on file with the Commission Secretary? 23 A. No. All of the correspondence mailed to 24 PTT Telekom, Inc. was returned by the Post Office as "not 25 deliverable as addressed, no forwarding order on file." 45 GNR-U-03-3 ADAMS, C (Di) 40 02/25/03 STAFF 1 Q. To your knowledge, when was the last time 2 PTT Telekom, Inc. communicated with the Commission 3 regarding regulatory assessments? 4 A. The Company has not communicated with the 5 Commission regarding fee assessments since December 14, 6 2000, when it paid the 2000 regulatory assessment fee of 7 $50. 8 Q. To your knowledge, did the Commission 9 Secretary attempt to serve this Order to Show Cause upon 10 the Company's designated service agent? 11 A. Yes. On January 27, 2003 the Order to Show 12 Cause was sent via certified mail to National Registered 13 Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon 14 Spangle signed the return receipt on January 28, 2003. 15 NRAI has notified the Commission that PTT Telekom, Inc. 16 is no longer their client. 17 14. Quest Telecommunications, Inc. 18 On February 8, 2002, a letter was mailed to 19 Quest Telecommunications, Inc. asking it to report its 20 gross intrastate revenue on or before April 1, 2002. The 21 Company did not timely report its gross intrastate 22 revenue. On April 22, 2002, a statement of their annual 23 assessment fee was mailed. Because the Company initially 24 failed to report its revenues, it was assessed the 25 minimum fee of $50 per Idaho Code Section (61-1004(3). 46 GNR-U-03-3 ADAMS, C (Di) 41 02/25/03 STAFF 1 This statement also mentioned that the fee may be paid in 2 two equal installments, the first due no later than May 3 15, 2002, and the second due no later than November 15, 4 2002. However, the entire fee could be paid no later 5 than the first installment date. The Company did not 6 respond to this statement either. 7 Q. What happened next? 8 A. On October 1, 2002, a second letter was 9 sent to Quest Telecommunications, Inc. stating that its 10 first half payment of the regulatory fee had not been 11 received. The amount owed, including calculated interest 12 of 6% per annum, was now $25.57 for the first half due no 13 later than October 15, 2002 or $50.57 for the entire 14 year's assessment. 15 Q. Has the Company paid its 2002 regulatory fee? 16 A. No. As of February 24, 2003, the 17 Commission has not received Quest Telecommunications, 18 Inc.'s 2002 regulatory fee of $51.01 (interest included 19 as of January 15, 2003) and the fee is well past due. 20 Q. Did the Commission attempt to serve a copy 21 of Order No. 29185, directing the Company to appear at 22 the Show Cause Hearing, via certified mail? 23 A. Yes, however, the certified mail was 24 returned by the Post Office as "not deliverable as 25 addressed, unable to forward." 47 GNR-U-03-3 ADAMS, C (Di) 42 02/25/03 STAFF 1 Q. Does Quest Telecommunications, Inc. have a 2 current Certificate of Authority issued by the Secretary 3 of State to do business in Idaho? 4 A. No. On January 15, 2003 I reviewed the 5 Secretary of State's website for the Certificate 6 information pertaining to Quest Telecommunications, Inc. 7 According to the Secretary of State's records, Quest 8 Telecommunications, Inc.'s Certificate was 9 administratively revoked in June 2001. 10 Q. Why is this significant? 11 A. The Company is not authorized to conduct 12 business in Idaho, even if it had paid this Commission's 13 regulatory fee. 14 Q. Do you believe Quest Telecommunications, 15 Inc. receives mail at the address on file with the 16 Commission Secretary? 17 A. No. All of the correspondence mailed to Quest 18 Telecommunications, Inc. was returned by the Post Office 19 as "not deliverable as addressed, unable to forward." 20 Q. To your knowledge, when was the last time 21 Quest Telecommunications, Inc. communicated with the 22 Commission regarding regulatory assessments? 23 A. The Company has not communicated with the 24 Commission regarding fee assessments since May 4, 1996, 25 when it paid the 1996 regulatory assessment fee of $50. 48 GNR-U-03-3 ADAMS, C (Di) 43 02/25/03 STAFF 1 Q. To your knowledge, did the Commission 2 Secretary attempt to serve this Order to Show Cause upon 3 the Company's designated service agent? 4 A. Yes. On January 27, 2003 the Order to Show 5 Cause was sent via certified mail to CT Corporation 6 System at 300 N. 6th St, Boise, ID 83701; J. Hambleton 7 signed the return receipt on January 28, 2003. 8 15. Smitty's Pub 9 On February 8, 2002, a letter was mailed to 10 Smitty's Pub asking it to report its gross intrastate 11 revenue on or before April 1, 2002. The Company did not 12 timely report its gross intrastate revenue. On April 22, 13 2002, a statement of their annual assessment fee was 14 mailed. Because the Company initially failed to report 15 its revenues, it was assessed the minimum fee of $50 per 16 Idaho Code Section (61-1004(3). This statement also 17 mentioned that the fee may be paid in two equal 18 installments, the first due no later than May 15, 2002, 19 and the second due no later than November 15, 2002. 20 However, the entire fee could be paid no later than the 21 first installment date. The Company did not respond to 22 this statement either. 23 Q. What happened next? 24 A. On October 1, 2002, a second letter was sent 25 to Smitty's Pub stating that its first half payment of the regulatory fee had not been received. The amount owed, 49 GNR-U-03-3 ADAMS, C (Di) 44 02/25/03 STAFF 1 including calculated interest of 6% per annum, was now 2 $25.57 for the first half due no later than October 15, 3 2002 or $50.57 for the entire year's assessment. 4 Q. Has the Company paid its 2002 regulatory fee? 5 A. No. As of February 24, 2003, the 6 Commission has not received Smitty's Pubs 2002 regulatory 7 fee of $51.01 (interest included as of January 15, 2003) 8 and the fee is well past due. 9 Q. Did the Commission attempt to serve a copy 10 of Order No. 29185, directing the Company to appear at 11 the Show Cause Hearing, via certified mail? 12 A. Yes, however, the certified mail was 13 returned by the Post Office as "undeliverable as 14 addressed, no forwarding order on file." 15 Q. Does Smitty's Pub have a current 16 Certificate of Existence issued by the Secretary of State 17 to do business in Idaho? 18 A. No. On January 15, 2003 I reviewed the 19 Secretary of State's website for the Certificate 20 information pertaining to Smitty's Pub. According to the 21 Secretary of State's records, Smitty's Pub has never had 22 a Certificate of Existence. 23 Q. Why is this significant? 24 A. The Company is not authorized to conduct 25 business in Idaho because it is in violation of Idaho 50 GNR-U-03-3 ADAMS, C (Di) 45 02/25/03 STAFF 1 Code Section 53-504 and 53-509. 2 Q. Do you believe Smitty's Pub receives mail 3 at the address on file with the Commission Secretary? 4 A. No. The October 1, 2002 letter mailed to 5 Smitty's Pub was returned by the Post Office as "return 6 to sender, no forward order on file, unable to forward." 7 Q. To your knowledge, when was the last time 8 Smitty's Pub communicated with the Commission regarding 9 regulatory assessments? 10 A. The Company has never communicated with the 11 Commission regarding fee assessments since filing their 12 price list in July 1995. 13 16. Telcom Network,Inc. 14 On February 8, 2002, a letter was mailed to 15 Telcom Network, Inc. asking it to report its gross 16 intrastate revenue on or before April 1, 2002. The 17 Company did not timely report its gross intrastate 18 revenue. On April 22, 2002, a statement of their annual 19 assessment fee was mailed. Because the Company initially 20 failed to report its revenues, it was assessed the 21 minimum fee of $50 per Idaho Code Section (61-1004(3). 22 This statement also mentioned that the fee may be paid in 23 two equal installments, the first due no later than May 24 15, 2002, and the second due no later than November 15, 25 2002. However, the entire fee could be paid no later 51 GNR-U-03-3 ADAMS, C (Di) 46 02/25/03 STAFF 1 than the first installment date. The Company did not 2 respond to this statement either. 3 Q. What happened next? 4 A. On October 1, 2002, a second letter was 5 sent to Telcom Network, Inc. stating that its first half 6 payment of the regulatory fee had not been received. The 7 amount owed, including calculated interest of 6% per 8 annum, was now $25.57 for the first half due no later 9 than October 15, 2002 or $50.57 for the entire year's 10 assessment. 11 Q. Has the Company paid its 2002 regulatory fee? 12 A. No. As of February 24, 2003, the 13 Commission has not received Telcom Network, Inc.'s 2002 14 regulatory fee of $51.01 (interest included as of January 15 15, 2003) and the fee is well past due. 16 Q. Did the Commission attempt to serve a copy 17 of Order No. 29185, directing the Company to appear at 18 the Show Cause Hearing, via certified mail? 19 A. Yes, however, the mail was returned by the 20 Post Office as "returned to sender, unable to forward." 21 Q. Does Telcom Network Inc. have a current 22 Certificate of Authority issued by the Secretary of State 23 to do business in Idaho? 24 A. No. On January 15, 2003 I reviewed the 25 Secretary of State's website for the Certificate 52 GNR-U-03-3 ADAMS, C (Di) 47 02/25/03 STAFF 1 information pertaining to Telcom Network Inc. According 2 to the Secretary of State's records, Telcom Network 3 Inc.'s Certificate was forfeited in December 1996. 4 Q. Why is this significant? 5 A. The Company is not authorized to conduct 6 business in Idaho, even if it had paid this Commission's 7 regulatory fee. 8 Q. Do you believe Telcom Network Inc. receives 9 mail at the address on file with the Commission Secretary? 10 A. No. All of the correspondence mailed to 11 Telcom Network Inc. was returned by the Post Office as 12 "return to sender, unable to forward." 13 Q. To your knowledge, when was the last time 14 Telcom Network Inc. communicated with the Commission 15 regarding regulatory assessments? 16 A. The Company has not communicated with the 17 Commission regarding fee assessments since May 21, 1996, 18 when it paid the regulatory assessment fee of $50. 19 Q. To your knowledge, did the Commission 20 Secretary attempt to serve this Order to Show Cause upon 21 the Company's designated service agent? 22 A. Yes. On January 27, 2003, the Order to 23 Show Cause was sent via certified mail to Prentice-Hall 24 Corp. System, 200 N 23rd St, Boise, ID 83702; Luella Lee 25 signed the return receipt on January 28, 2003. 53 GNR-U-03-3 ADAMS, C (Di) 48 02/25/03 STAFF 1 17. Telehub Network Services Corporation 2 On February 8, 2002, a letter was mailed to 3 Telehub Network Services Corporation asking it to report 4 its gross intrastate revenue on or before April 1, 2002. 5 The Company did not timely report its gross intrastate 6 revenue. On April 22, 2002, a statement of their annual 7 assessment fee was mailed. Because the Company initially 8 failed to report its revenues, it was assessed the 9 minimum fee of $50 per Idaho Code Section (61-1004(3). 10 This statement also mentioned that the fee may be paid in 11 two equal installments, the first due no later than May 12 15, 2002, and the second due no later than November 15, 13 2002. However, the entire fee could be paid no later 14 than the first installment date. The Company did not 15 respond to this statement either. 16 Q. What happened next? 17 A. On October 1, 2002, a second letter was 18 sent to Telehub Network Services Corporation stating that 19 its first half payment of the regulatory fee had not been 20 received. The amount owed, including calculated interest 21 of 6% per annum, was now $25.57 for the first half due no 22 later than October 15, 2002 or $50.57 for the entire 23 year's assessment. 24 Q. Has the Company paid its 2002 regulatory fee? 25 54 GNR-U-03-3 ADAMS, C (Di) 49 02/25/03 STAFF 1 A. No. As of February 24, 2003, the 2 Commission has not received Telehub Network Services 3 Corporation's 2002 regulatory fee of $51.01 (interest 4 included as of January 15, 2003) and the fee is well past 5 due. 6 Q. Did the Commission attempt to serve a copy 7 of Order No. 29185, directing the Company to appear at 8 the Show Cause Hearing, via certified mail? 9 A. Yes, however, the certified mail was 10 returned by the Post Office as "not deliverable as 11 addressed, unable to forward." 12 Q. Does Telehub Network Services Corporation 13 have a current Certificate of Authority issued by the 14 Secretary of State to do business in Idaho? 15 A. No. On January 15, 2003 I reviewed the 16 Secretary of State's website for the Certificate 17 information pertaining to Telehub Network Services 18 Corporation. According to the Secretary of State's 19 records, Telehub Network Services Corporation's 20 Certificate was administratively revoked in March 2001. 21 Q. Why is this significant? 22 A. The Company is not authorized to conduct 23 business in Idaho, even if it had paid this Commission's 24 regulatory fee. 25 55 GNR-U-03-3 ADAMS, C (Di) 50 02/25/03 STAFF 1 Q. Do you believe Telehub Network Services 2 Corporation receives mail at the address on file with the 3 Commission Secretary? 4 A. No. All of the correspondence mailed to 5 Telehub Network Services Corporation was returned by the 6 Post Office as "not deliverable as addressed, unable to 7 forward, return to sender, moved left no address." 8 Q. To your knowledge, when was the last time 9 Telehub Network Services Corporation communicated with 10 the Commission regarding regulatory assessments? 11 A. The Company has not communicated with the 12 Commission regarding fee assessments since May 4, 1999 13 when it paid the 1999 regulatory assessment fee of $50. 14 Q. To your knowledge, did the Commission 15 Secretary attempt to serve this Order to Show Cause upon 16 the Company's designated service agent? 17 A. Yes. On January 27, 2003 the Order to Show 18 Cause was sent via certified mail to National Registered 19 Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon 20 Spangle signed the return receipt on January 28, 2003. 21 NRAI has notified the Commission that Telehub Network 22 Services Corporation is no longer their client. 23 18. Teltrust Communications Services, Inc. 24 On February 8, 2002, a letter was mailed to 25 Teltrust Communications Services, Inc. asking it to report 56 GNR-U-03-3 ADAMS, C (Di) 51 02/25/03 STAFF 1 its gross intrastate revenue on or before April 1, 2002. 2 The Company did not timely report its gross intrastate 3 revenue. On April 22, 2002, a statement of their annual 4 assessment fee was mailed. Because the Company initially 5 failed to report its revenues, it was assessed the 6 minimum fee of $50 per Idaho Code Section (61-1004(3). 7 This statement also mentioned that the fee may be paid in 8 two equal installments, the first due no later than May 9 15, 2002, and the second due no later than November 15, 10 2002. However, the entire fee could be paid no later 11 than the first installment date. The Company did not 12 respond to this statement either. 13 Q. What happened next? 14 A. On October 1, 2002, a second letter was 15 sent to Teltrust Communications Services, Inc. stating 16 that its first half payment of the regulatory fee had not 17 been received. The amount owed, including calculated 18 interest of 6% per annum, was now $25.57 for the first 19 half due no later than October 15, 2002 or $50.57 for the 20 entire year's assessment. 21 Q. Has the Company paid its 2002 regulatory fee? 22 A. No. As of February 24, 2003, the Commission 23 has not received Teltrust Communications Services, Inc.'s 24 2002 regulatory fee of $51.01 (interest included as of 25 January 15, 2003) and the fee is well past due. 57 GNR-U-03-3 ADAMS, C (Di) 52 02/25/03 STAFF 1 Q. Did the Commission attempt to serve a copy 2 of Order No. 29185, directing the Company to appear at 3 the Show Cause Hearing, via certified mail? 4 A. Yes, however, the certified mail was 5 returned by the Post Office as "not deliverable as 6 addressed, unable to forward, moved left no address, 7 return to sender." 8 Q. Does Teltrust Communications Services, Inc. 9 have a current Certificate of Authority issued by the 10 Secretary of State to do business in Idaho? 11 A. No. On January 15, 2003 I reviewed the 12 Secretary of State's website for the Certificate 13 information pertaining to Teltrust Communications 14 Services, Inc. According to the Secretary of State's 15 records, Teltrust Communications Services, Inc.'s 16 Certificate was administratively revoked in November 2001. 17 Q. Why is this significant? 18 A. The Company is not authorized to conduct 19 business in Idaho, even if it had paid this Commission's 20 regulatory fee. 21 Q. Do you believe Teltrust Communications 22 Services, Inc. receives mail at the address on file with 23 the Commission Secretary? 24 A. No. All of the correspondence mailed to 25 Teltrust Communications Services, Inc. was returned by 58 GNR-U-03-3 ADAMS, C (Di) 53 02/25/03 STAFF 1 the Post Office as "not deliverable as addressed, unable 2 to forward, return to sender, moved left no address." 3 Q. To your knowledge, when was the last time 4 Teltrust Communications Services, Inc. communicated with 5 the Commission regarding regulatory assessments? 6 A. The Company has not communicated with the 7 Commission regarding fee assessments since July 25, 2000 8 when it paid the 2000 regulatory assessment fee of 9 $126.27. 10 Q. To your knowledge, did the Commission 11 Secretary attempt to serve this Order to Show Cause upon 12 the Company's designated service agent? 13 A. Yes. On January 27, 2003 the Order to Show 14 Cause was sent via certified mail to CT Corporation 15 System at 300 N. 6th St, Boise, ID 83701; J. Hambleton 16 signed the return receipt on January 28, 2003. 17 19. Touchtone Network, Inc. 18 On February 8, 2002, a letter was mailed to 19 Touchtone Network, Inc. asking it to report its gross 20 intrastate revenue on or before April 1, 2002. The 21 Company did not timely report its gross intrastate 22 revenue. On April 22, 2002, a statement of their annual 23 assessment fee was mailed. Because the Company initially 24 failed to report its revenues, it was assessed the minimum 25 fee of $50 per Idaho Code (61-1004(3). This statement 59 GNR-U-03-3 ADAMS, C (Di) 54 02/25/03 STAFF 1 also mentioned that the fee may be paid in two equal 2 installments, the first due no later than May 15, 2002, 3 and the second due no later than November 15, 2002. 4 However, the entire fee could be paid no later than the 5 first installment date. The Company did not respond to 6 this statement either. 7 Q. What happened next? 8 A. On October 1, 2002, a second letter was sent 9 to Touchtone Network, Inc. stating that its first half 10 payment of the regulatory fee had not been received. The 11 amount owed, including calculated interest of 6% per 12 annum, was now $25.57 for the first half due no later 13 than October 15, 2002 or $50.57 for the entire year's 14 assessment. 15 Q. Has the Company paid its 2002 regulatory fee? 16 A. No. As of February 24, 2003, the 17 Commission has not received Touchtone Network, Inc.'s 18 2002 regulatory fee of $51.01 (interest included as of 19 January 15, 2003) and the fee is well past due. 20 Q. Did the Commission attempt to serve a copy 21 of Order No. 29185, directing the Company to appear at 22 the Show Cause Hearing, via certified mail? 23 A. Yes, however, the certified mail was 24 returned by the Post Office as "attempted not known, 25 return to sender." 60 GNR-U-03-3 ADAMS, C (Di) 55 02/25/03 STAFF 1 Q. Does Touchtone Network, Inc. have a current 2 Certificate of Authority issued by the Secretary of State 3 to do business in Idaho? 4 A. No. On January 15, 2003, I reviewed the 5 Secretary of State's website for the Certificate 6 information pertaining to Touchtone Network, Inc. 7 According to the Secretary of State's records, Touchtone 8 Network, Inc.'s Certificate was forfeited in December 9 1996. 10 Q. Why is this significant? 11 A. The Company is not authorized to conduct 12 business in Idaho, even if it had paid this Commission's 13 regulatory fee. 14 Q. Do you believe Touchtone Network, Inc. 15 receives mail at the address on file with the Commission 16 Secretary? 17 A. No. All of the correspondence mailed to 18 Touchtone Network, Inc. was returned by the Post Office 19 as "attempted not known, return to sender." 20 Q. To your knowledge, when was the last time 21 Touchtone Network, Inc. communicated with the Commission 22 regarding regulatory assessments? 23 A. The Company has never communicated with the 24 Commission regarding fee assessments since filing their 25 price list in October 1994. 61 GNR-U-03-3 ADAMS, C (Di) 56 02/25/03 STAFF 1 Q. To your knowledge, did the Commission 2 Secretary attempt to serve this Order to Show Cause upon 3 the Company's designated service agent? 4 A. Yes. On January 27, 2003 the Order to Show 5 Cause was sent via certified mail to National Registered 6 Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon 7 Spangle signed the return receipt on January 28, 2003. 8 NRAI has notified the Commission that Touchtone Network, 9 Inc. is no longer their client. 10 20. USA Tele Corp. 11 On February 8, 2002, a letter was mailed to 12 USA Tele Corp. asking it to report its gross intrastate 13 revenue on or before April 1, 2002. The Company did not 14 timely report its gross intrastate revenue. On April 22, 15 2002, a statement of their annual assessment fee was 16 mailed. Because the Company initially failed to report 17 its revenues, it was assessed the minimum fee of $50 per 18 Idaho Code Section (61-1004(3). This statement also 19 mentioned that the fee may be paid in two equal 20 installments, the first due no later than May 15, 2002, 21 and the second due no later than November 15, 2002. 22 However, the entire fee could be paid no later than the 23 first installment date. The Company did not respond to 24 this statement either. 25 Q. What happened next? 62 GNR-U-03-3 ADAMS, C (Di) 57 02/25/03 STAFF 1 A. On October 1, 2002, a second letter was sent 2 to USA Tele Corp. stating that its first half payment of 3 the regulatory fee had not been received. The amount 4 owed, including calculated interest of 6% per annum, was 5 now $25.57 for the first half due no later than October 6 15, 2002 or $50.57 for the entire year's assessment. 7 Q. Has the Company paid its 2002 regulatory fee? 8 A. No. As of February 24, 2003, the Commission 9 has not received USA Tele Corp.'s 2002 regulatory fee of 10 $51.01 (interest included as of January 15, 2003) and the 11 fee is well past due. 12 Q. Did the Commission attempt to serve a copy 13 of Order No. 29185, directing the Company to appear at 14 the Show Cause Hearing, via certified mail? 15 A. Yes, however, the certified mail was 16 returned by the Post Office as "not deliverable as 17 addressed, unable to forward." 18 Q. Does USA Tele Corp. have a current 19 Certificate of Authority issued by the Secretary of State 20 to do business in Idaho? 21 A. No. On January 15, 2003 I reviewed the 22 Secretary of State's website for the Certificate 23 information pertaining to USA Tele Corp. According to the 24 Secretary of State's records, USA Tele Corp.'s Certificate 25 was administratively revoked in February 1998. 63 GNR-U-03-3 ADAMS, C (Di) 58 02/25/03 STAFF 1 Q. Why is this significant? 2 A. The Company is not authorized to conduct 3 business in Idaho, even if it had paid this Commission's 4 regulatory fee. 5 Q. Do you believe USA Tele Corp. receives mail 6 at the address on file with the Commission Secretary? 7 A. No. All of the correspondence mailed to 8 USA Tele Corp. was returned by the Post Office as "unable 9 to forward, return to sender." 10 Q. To your knowledge, when was the last time 11 USA Tele Corp. communicated with the Commission regarding 12 regulatory assessments? 13 A. The Company has not communicated with the 14 Commission regarding fee assessments since May 9, 2000 15 when it paid the 2000 regulatory assessment fee of $50. 16 Q. To your knowledge, did the Commission 17 Secretary attempt to serve this Order to Show Cause upon 18 the Company's designated service agent? 19 A. Yes. On January 27, 2003, the Order to 20 Show Cause was sent via certified mail to National 21 Registered Agents, Inc. 1423 Tyrell Lane, Boise, ID 22 83706; Sharon Spangle signed the return receipt on 23 January 28, 2003. NRAI has notified the Commission that 24 USA Tele Corp. is no longer their client. 25 64 GNR-U-03-3 ADAMS, C (Di) 59 02/25/03 STAFF 1 21. USBG, Inc. 2 On February 8, 2002, a letter was mailed to 3 USBG, Inc. asking it to report its gross intrastate 4 revenue on or before April 1, 2002. The Company did not 5 timely report its gross intrastate revenue. On April 22, 6 2002, a statement of their annual assessment fee was 7 mailed. Because the Company initially failed to report 8 its revenues, it was assessed the minimum fee of $50 per 9 Idaho Code Section (61-1004(3). This statement also 10 mentioned that the fee may be paid in two equal 11 installments, the first due no later than May 15, 2002, 12 and the second due no later than November 15, 2002. 13 However, the entire fee could be paid no later than the 14 first installment date. The Company did not respond to 15 this statement either. 16 Q. What happened next? 17 A. On October 1, 2002, a second letter was sent 18 to USBG, Inc. stating that its first half payment of the 19 regulatory fee had not been received. The amount owed, 20 including calculated interest of 6% per annum, was now 21 $25.57 for the first half due no later than October 15, 22 2002 or $50.57 for the entire year's assessment. 23 Q. Has the Company paid its 2002 regulatory fee? 24 A. No. As of February 24, 2003, the Commission 25 has not received USBG, Inc.'s 2002 regulatory fee of 65 GNR-U-03-3 ADAMS, C (Di) 60 02/25/03 STAFF 1 $51.01 (interest included as of January 15, 2003) and the 2 fee is well past due. 3 Q. Did the Commission attempt to serve a copy 4 of Order No. 29185, directing the Company to appear at 5 the Show Cause Hearing, via certified mail? 6 A. Yes, however, the certified mail was 7 returned by the Post Office as "attempted not known." 8 Q. Does USBG, Inc. have a current Certificate 9 of Authority issued by the Secretary of State to do 10 business in Idaho? 11 A. No. On January 15, 2003 I reviewed the 12 Secretary of State's website for the Certificate 13 information pertaining to USBG, Inc. According to the 14 Secretary of State's records, USBG, Inc.'s Certificate 15 was administratively revoked in August 2001. 16 Q. Why is this significant? 17 A. The Company is not authorized to conduct 18 business in Idaho, even if it had paid this Commission's 19 regulatory fee. 20 Q. Do you believe USBG, Inc. receives mail at 21 the address on file with the Commission Secretary? 22 A. No. All of the correspondence mailed to 23 USBG, Inc. was returned by the Post Office as "attempted 24 not known." 25 66 GNR-U-03-3 ADAMS, C (Di) 61 02/25/03 STAFF 1 Q. To your knowledge, when was the last time 2 USBG, Inc. communicated with the Commission regarding 3 regulatory assessments? 4 A. The Company has not communicated with the 5 Commission regarding fee assessments since May 18, 1999 6 when it paid the 1999 regulatory assessment fee of $50. 7 Q. To your knowledge, did the Commission 8 Secretary attempt to serve this Order to Show Cause upon 9 the Company's designated service agent? 10 A. Yes. On January 27, 2003, the Order to 11 Show Cause was sent via certified mail to Stanley W. 12 Welsh, 815 W. Washington, Boise, ID 83702. The return 13 receipt was signed on January 28, 2003; however, the 14 signature was not legible. 15 22. Vista Group International, Inc. 16 On February 8, 2002, a letter was mailed to 17 Vista Group International, Inc. asking it to report its 18 gross intrastate revenue on or before April 1, 2002. The 19 Company did not timely report its gross intrastate 20 revenue. On April 22, 2002, a statement of their annual 21 assessment fee was mailed. Because the Company initially 22 failed to report its revenues, it was assessed the 23 minimum fee of $50 per Idaho Code Section (61-1004(3). 24 This statement also mentioned that the fee may be paid in 25 two equal installments, the first due no later than May 67 GNR-U-03-3 ADAMS, C (Di) 62 02/25/03 STAFF 1 15, 2002, and the second due no later than November 15, 2 2002. However, the entire fee could be paid no later 3 than the first installment date. The Company did not 4 respond to this statement either. 5 Q. What happened next? 6 A. On October 1, 2002, a second letter was 7 sent to Vista Group International, Inc. stating that its 8 first half payment of the regulatory fee had not been 9 received. The amount owed, including calculated interest 10 of 6% per annum, was now $25.57 for the first half due no 11 later than October 15, 2002 or $50.57 for the entire 12 year's assessment. 13 Q. Has the Company paid its 2002 regulatory fee? 14 A. No. As of February 24, 2003, the 15 Commission has not received Vista Group International, 16 Inc.'s 2002 regulatory fee of $51.01 (interest included 17 as of January 15, 2003) and the fee is well past due. 18 Q. Did the Commission attempt to serve a copy 19 of Order No. 29185, directing the Company to appear at 20 the Show Cause Hearing, via certified mail? 21 A. Yes, however, the certified mail was 22 returned by the Post Office as "not deliverable as 23 addressed, unable to forward." 24 25 68 GNR-U-03-3 ADAMS, C (Di) 63 02/25/03 STAFF 1 Q. Does Vista Group International, Inc. have a 2 current Certificate of Authority issued by the Secretary 3 of State to do business in Idaho? 4 A. No. On January 15, 2003, I reviewed the 5 Secretary of State's website for the Certificate 6 information pertaining to Vista Group International, Inc. 7 According to the Secretary of State's records, Vista 8 Group International, Inc.'s Certificate was 9 administratively revoked in July 2001. 10 Q. Why is this significant? 11 A. The Company is not authorized to conduct 12 business in Idaho, even if it had paid this Commission's 13 regulatory fee. 14 Q. Do you believe Vista Group International, 15 Inc. receives mail at the address on file with the 16 Commission Secretary? 17 A. No. All of the correspondence mailed to 18 Vista Group International, Inc. was returned by the Post 19 Office as "not deliverable as addressed, unable to forward." 20 Q. To your knowledge, when was the last time 21 Vista Group International, Inc. communicated with the 22 Commission regarding regulatory assessments? 23 A. The Company has not communicated with the 24 Commission regarding fee assessments since May 12, 1999 25 when it paid the 1999 regulatory assessment fee of $66.33. 69 GNR-U-03-3 ADAMS, C (Di) 64 02/25/03 STAFF 1 Q. To your knowledge, did the Commission 2 Secretary attempt to serve this Order to Show Cause upon 3 the Company's designated service agent? 4 A. Yes. On January 27, 2003, the Order to 5 Show Cause was sent via certified mail to Stanley W. 6 Welsh, 815 W. Washington, Boise, ID 83702. The return 7 receipt was signed on January 28, 2003; however, the 8 signature was not legible. 9 23. West End Communications, Inc. 10 On February 8, 2002, a letter was mailed to 11 West End Communications, Inc. asking it to report its 12 gross intrastate revenue on or before April 1, 2002. The 13 Company did not timely report its gross intrastate 14 revenue. On April 22, 2002, a statement of their annual 15 assessment fee was mailed. Because the Company initially 16 failed to report its revenues, it was assessed the 17 minimum fee of $50 per Idaho Code Section (61-1004(3). 18 This statement also mentioned that the fee may be paid in 19 two equal installments, the first due no later than May 20 15, 2002, and the second due no later than November 15, 21 2002. However, the entire fee could be paid no later than 22 the first installment date. The Company did not respond 23 to this statement either. 24 Q. What happened next? 25 70 GNR-U-03-3 ADAMS, C (Di) 65 02/25/03 STAFF 1 A. On October 1, 2002, a second letter was 2 sent to West End Communications, Inc. stating that its 3 first half payment of the regulatory fee had not been 4 received. The amount owed, including calculated interest 5 of 6% per annum, was now $25.57 for the first half due no 6 later than October 15, 2002 or $50.57 for the entire 7 year's assessment. 8 Q. Has the Company paid its 2002 regulatory fee? 9 A. No. As of February 24, 2003, the 10 Commission has not received West End Communications, 11 Inc.'s 2002 regulatory fee of $51.01 (interest included 12 as of January 15, 2003) and the fee is well past due. 13 Q. Did the Commission attempt to serve a copy 14 of Order No. 29185, directing the Company to appear at 15 the Show Cause Hearing, via certified mail? 16 A. Yes, however, the certified mail was 17 returned by the Post Office as "return to sender, unable 18 to forward." 19 Q. Does West End Communications, Inc. have a 20 current Certificate of Authority issued by the Secretary 21 of State to do business in Idaho? 22 A. No. On January 15, 2003 I reviewed the 23 Secretary of State's website for the Certificate 24 information pertaining to West End Communications, Inc. 25 According to the Secretary of State's records, West End 71 GNR-U-03-3 ADAMS, C (Di) 66 02/25/03 STAFF 1 Communications, Inc.'s Certificate was administratively 2 revoked in May 2002. 3 Q. Why is this significant? 4 A. The Company is not authorized to conduct 5 business in Idaho, even if it had paid this Commission's 6 regulatory fee. 7 Q. Do you believe West End Communications, 8 Inc. receives mail at the address on file with the 9 Commission Secretary? 10 A. No. All of the correspondence mailed to 11 West End Communications, Inc. was returned by the Post 12 Office "as return to sender, unable to forward." 13 Q. To your knowledge, when was the last time 14 West End Communications, Inc. communicated with the 15 Commission regarding regulatory assessments? 16 A. The Company has never communicated with the 17 Commission regarding fee assessments since filing their 18 price list in March 2001. 19 Q. To your knowledge, did the Commission 20 Secretary attempt to serve this Order to Show Cause upon 21 the Company's designated service agent? 22 A. Yes. On January 27, 2003 the Order to Show 23 Cause was sent via certified mail to TCS Corporate 24 Services, Inc at 5527 Kendall St., Boise, ID 83706; Kristi 25 Herring signed the return receipt on January 28, 2003. 72 GNR-U-03-3 ADAMS, C (Di) 67 02/25/03 STAFF 1 24. Western State Pay Phones 2 On February 8, 2002, a letter was mailed to 3 Western State Pay Phones asking it to report its gross 4 intrastate revenue on or before April 1, 2002. The 5 Company did not timely report its gross intrastate 6 revenue. On April 22, 2002, a statement of their annual 7 assessment fee was mailed. Because the Company initially 8 failed to report its revenues, it was assessed the 9 minimum fee of $50 per Idaho Code Section (61-1004(3). 10 This statement also mentioned that the fee may be paid in 11 two equal installments, the first due no later than May 12 15, 2002, and the second due no later than November 15, 13 2002. However, the entire fee could be paid no later than 14 the first installment date. The Company did not respond 15 to this statement either. 16 Q. What happened next? 17 A. On October 1, 2002, a second letter was 18 sent to Western State Pay Phones stating that its first 19 half payment of the regulatory fee had not been received. 20 The amount owed, including calculated interest of 6% per 21 annum, was now $25.57 for the first half due no later 22 than October 15, 2002 or $50.57 for the entire year's 23 assessment. 24 Q. Has the Company paid its 2002 regulatory fee? 25 73 GNR-U-03-3 ADAMS, C (Di) 68 02/25/03 STAFF 1 A. No. As of February 24, 2003, the 2 Commission has not received Western State Pay Phones 2002 3 regulatory fee of $51.01 (interest included as of January 4 15, 2003) and the fee is well past due. 5 Q. Did the Commission attempt to serve a copy 6 of Order No. 29185, directing the Company to appear at 7 the Show Cause Hearing, via certified mail? 8 A. Yes, however, the mail was returned by the 9 Post Office as "returned to sender, no receptacle." 10 Q. Does Western State Pay Phones have a 11 current Certificate of Existence issued by the Secretary 12 of State to do business in Idaho? 13 A. No. On January 15, 2003 I reviewed the 14 Secretary of State's website for the Certificate 15 information pertaining to Western State Pay Phones. 16 According to the Secretary of State's records, Western 17 State Pay Phones has never had a Certificate of 18 Existence. 19 Q. Why is this significant? 20 A. The Company is not authorized to conduct 21 business in Idaho because it is in violation of Idaho 22 Code Section 53-504 and 53-509. 23 Q. Do you believe Western State Pay Phones 24 receives mail at the address on file with the Commission 25 Secretary? 74 GNR-U-03-3 ADAMS, C (Di) 69 02/25/03 STAFF 1 A. No. All of the correspondence mailed to 2 Western State Pay Phones was returned by the Post Office 3 as "return to sender, no receptacle." 4 Q. To your knowledge, when was the last time 5 Western State Pay Phones communicated with the Commission 6 regarding regulatory assessments? 7 A. The Company has never communicated with the 8 Commission regarding fee assessments since filing their 9 price list in August 1997. 10 RECOMMENDATION 11 Q. What is your recommendation regarding 12 disposition of the 24 companies in Case No. GNR-U-03-3? 13 A. If these companies fail to appear at the Show 14 Cause Hearing, I recommend that the Hearing Officer enter 15 a default against the companies as provided in Procedural 16 Rule 301 IDAPA 31.01.01.301. I further recommend that the 17 Commission issue an Order finding that the companies have 18 failed to report their 2001 intrastate operating revenues, 19 and have failed to pay their 2002 regulatory fees. As 20 noticed in Order No. 29185 in this matter, I believe it is 21 appropriate for the Commission to Order the 24 companies 22 to cease operating in Idaho until they have come into 23 compliance by paying the appropriate regulatory fees. 24 Furthermore, local exchange companies should be directed 25 by the Commission to deny or prohibit interconnection or 75 GNR-U-03-3 ADAMS, C (Di) 70 02/25/03 STAFF 1 the carriage of traffic for these companies. If the 2 companies fail to pay their delinquent regulatory fees 3 and report their revenues for 2001, I would further 4 recommend that their tariffs/price lists be removed from 5 the Commission's files and the companies certificates 6 cancelled if applicable. 7 Q. Does that conclude your direct testimony? 8 A. Yes it does. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 GNR-U-03-3 ADAMS, C (Di) 71 02/25/03 STAFF 1 (The following proceedings were had in 2 open hearing.) 3 HEARING EXAMINER: Do you have any 4 follow-up questions? 5 MS. NORDSTROM: No, I don't and I would 6 make this witness available for any questions that the 7 Hearing Examiner may have. 8 9 EXAMINATION 10 11 BY HEARING EXAMINER: 12 Q All right, Ms. Adams, I do have a few 13 questions. One was, was a copy of the Notice to Show 14 Cause, and in particular that's Order 29185, served on 15 the Title 61 companies as well? 16 A Yes, they were. 17 Q And did you prepare and mail the 18 February 8th, April 22nd and October 1st letters? 19 A Yes, I did. 20 Q And were the addresses that you used to 21 mail those or to address those letters the addresses on 22 file with the Commission? 23 A Yes, that is what I used. 24 Q Okay. Can you explain to me what the 25 difference is between a certificate of authority as you 77 CSB REPORTING ADAMS (Hearing Examiner) Wilder, Idaho 83676 Staff 1 use the term on page 11 and a certificate of existence as 2 you use that term on page 27? 3 A A certificate of authority are those 4 utility companies who have their designated business out 5 of state. Certificate of existence are those utility 6 companies who are within the State of Idaho. 7 Q All right, thank you. Do you know which of 8 the 24 companies that we're currently considering today, 9 which ones of those have certificates issued by this 10 Commission to provide local telephone service in Idaho? 11 A Would you repeat that? 12 Q Sure. Do you know which of those 24 13 companies that we're dealing with today have certificates 14 to provide local telephone service in Idaho that were 15 issued by this Commission? 16 A I think they all, they do all, have price 17 lists on file with us. 18 Q What I'm asking about is certificates to 19 provide local service. It's a different document. 20 A No, I don't believe any of those have 21 certificates. 22 HEARING EXAMINER: All right, any 23 redirect? 24 MS. NORDSTROM: None at this time. 25 HEARING EXAMINER: All right, then I think 78 CSB REPORTING ADAMS (Hearing Examiner) Wilder, Idaho 83676 Staff 1 we have completed the testimony, then, for this witness. 2 (The witness left the stand.) 3 HEARING EXAMINER: Again, for the record, I 4 would note that there are no parties other than the 5 Commission Staff at this Show Cause hearing, and what I'm 6 prepared to do is to make findings and recommendations 7 for the Commission on the record to move this matter 8 along. 9 First, I find that the Commission's 10 Title 62, Rule 202 requires that companies maintain 11 current business and agent addresses on record with the 12 Commission Secretary. I further find that the 13 Commission's Administrative Rule 16 and Title 62, 14 Rule 202 allows the Commission Secretary to serve 15 complaints and summonses by registered or certified 16 mail. 17 I further find that Idaho Code 61-1003 in 18 conjunction with Idaho Code 62-611 requires Title 62 19 telephone corporations to report their 2001 gross 20 revenues. I further find that Title 61-1005 and 21 Section 62-611 in tandem require Title 62 companies to 22 pay their annual regulatory fees. I find that the Notice 23 of this Show Cause hearing, which is Order 29185, was 24 prepared and served by the Commission Secretary by 25 certified mail based on the testimony of the Staff's 79 CSB REPORTING COLLOQUY Wilder, Idaho 83676 1 witness and that Order was mailed to the addresses on 2 file with the Commission Secretary. 3 I further find that the Notice of the Show 4 Cause hearing, which is Order 29185, did apprise the 24 5 parties that the Commission Staff was proposing that the 6 Commission order these companies to cease conducting 7 business, that the Commission order other Idaho local 8 exchange companies to deny or prohibit interconnection in 9 the carriage of traffic from these companies until such 10 time as these companies came into compliance. 11 I further find that that Order noticed the 12 companies that their certificates to provide local 13 telephone service to the extent those certificates are 14 applicable to these 24 companies be canceled, and I 15 finally find that that Order directed the companies or 16 recommended that the companies' price lists or tariffs be 17 removed from the Commission's file if the companies do 18 not report their 2001 revenue and pay their 2002 19 regulatory fee. 20 I further find based on the testimony of 21 the Staff's witness that these companies are not 22 registered with the Secretary of State as indicated. In 23 my remarks, I also find that these companies have not 24 appeared at today's Show Cause hearing. I further find 25 based on the testimony of the witness that these 80 CSB REPORTING COLLOQUY Wilder, Idaho 83676 1 companies have neither reported their 2001 revenues, nor 2 paid their 2002 regulatory fees. 3 Consequently, based on those findings of 4 fact which were based upon the Staff's testimony, I'm 5 prepared to make the following recommendations to the 6 Commission: First, I recommend to the Commission that 7 the parties' failure to appear at this hearing allows the 8 Commission to take a default judgment pursuant to its 9 Rule 301. Rule 301 provides that when a party has been 10 properly served and fails to appear at hearing, the 11 Commission may order any relief against the respondent or 12 the party authorized by law. 13 I recommend that the Commission issue a 14 final Order finding that these parties have not reported 15 nor paid their regulatory fee as set out in the 16 Commission's Notice to Show Cause, and I further 17 recommend that the Commission issue an Order advising 18 other Title 61 or Title 62 companies that they are not to 19 carry the traffic for these companies if the Commission 20 issues an order; that the Commission allow these 21 companies to come into compliance during a 21-day period; 22 in other words, I'm recommending that the Commission's 23 Order in this matter not become effective until 21 days 24 after the date of service to allow the companies to come 25 into compliance. If the companies have not come into 81 CSB REPORTING COLLOQUY Wilder, Idaho 83676 1 compliance, then the Order would be final at that time. 2 I'm also recommending to the Commission 3 that it cancels those certificates that have been issued 4 to these Title 62 companies to allow them to provide 5 local service. I further recommend that if these 6 companies do not come into compliance that their price 7 lists and tariffs on file with the Commission be removed, 8 and finally, if these companies do not come into 9 compliance, I recommend that the Commission issue its 10 Order directing these companies to cease conducting 11 business in Idaho. 12 All right, with those findings and proposed 13 recommendations, I guess, just as a technicality, we'll 14 introduce or admit the testimony of the Staff witness. 15 Before we close the hearing, are there any other matters, 16 Ms. Nordstrom? 17 MS. NORDSTROM: None that I'm aware of. 18 HEARING EXAMINER: All right, again, we're 19 at a stage to close the hearing and I would again note 20 for the record that none of the 24 parties that are the 21 subject of this Order have entered an appearance or are 22 present in the Hearing Room. 23 With that, then, we'll conclude this Show 24 Cause hearing and close the record in this matter. 25 (The Hearing adjourned at 9:50 a.m.) 82 CSB REPORTING COLLOQUY Wilder, Idaho 83676 1 AUTHENTICATION 2 3 4 This is to certify that the foregoing 5 proceedings held in the matter of American 6 Telecommunications Enterprise, Inc.'s failure to remit 7 the Commission's 2002 regulatory fee pursuant to Idaho 8 Code Section 61-1001 and 62-611, et al., commencing at 9 9:30 a.m., on Wednesday, February 26, 2003, at the 10 Commission Hearing Room, 472 West Washington, Boise, 11 Idaho, is a true and correct transcript of said 12 proceedings and the original thereof for the file of the 13 Commission. 14 Accuracy of all prefiled testimony as 15 originally submitted to the Reporter and incorporated 16 herein at the direction of the Commission is the sole 17 responsibility of the submitting parties. 18 19 20 21 CONSTANCE S. BUCY 22 Certified Shorthand Reporter #187 23 24 25 83 CSB REPORTING AUTHENTICATION Wilder, Idaho 83676