20201116Exhibits 1-3.pdf

BIFORE THE, IDAIIO PUBLIC UTILITIES COMMISSION
IN THE MAMER Otr'ENVISION
NETWORKS LLC'S ELIGIBILITY TO
HOLI} CERTIFICATE OF PUBLIC
CONVENIENCE AND NECSSSITY NO.529
CASE NO. ENL.T'0.01
AFFIDAVIT OF DANIEL KLEIN
DANIEL KLEIN, being duly slryorn, stated:
1. My name is Daniel Klein. I have personal knowledge of the facts stated in this affidavit.
2. I am a Utility Analyst at the Idaho Public Utilities Commission. I started working in this
position in 2017. I am responsible for reviewing telecom tariff filings, requests for telecom
Certificates of Public Convenience and Necessity, requests for Eligible Telecommunications
Carrier status, broadband tax credil filings, and other telecom-related items.
3. On September 22,202A,1 contacted via email the North American Numbering Plan
Administrator ('NANPA") to inquire whether Envision Networks LLC ("Envision") had been
assigned nurnbering resources. I also asked rvhether Envision had a VolP authorization to get
numbering resources. The same day, a NANPA representative responded that, to her knowledge,
Envision does not have numbering resources assigned to it and does not have VolP authorization.
4. On September 22,2024,1 accessed the Federal Communications Commission's online
database to determine whether Envision has received VolP authorization. I was unable to find any
record that Envision has received VolP authorization.
Dated thisfu4 day of November 2020.
Daniel Klein
Utility Analyst
Idaho Public Utilities Commission
AFFIDAVIT OF DANIEL KLETN
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Re Telecommunications Providers Desiring, 1996 WL 779719 (1996)
*,;X
e ."' KeyCite Yellow Flag - Negative Treatment
Decision Clarified on Reconsideration by IN l-HE MATTER OF PROCEDURAL REQUIREMENTS FOR APPROVAL OF'CERTIFICATES OF PUBLIC
CONVENIENCE AND NECESSITY FOR TEI,ECOMMUNICAIIONS PROVIDERS DESIRING TO PROVIDE LOCAL SERVICE IN IDAI.IO., Idaho
PU.C., December 1,1996
1996 WL 779719 (Idaho P.U.C.)
Re Telecommunications Providers Desiring
Case No. GNR-T-96-4
Order No.
26665
Idaho Public Utilities Commission
November o,6,tgg6
Before Nelson, president, and Smith and Hansen, commissioners
BY THE COMMISSION
On February 8,1996,the Telecommunications Act of 1996 (the Act) became law. One purpose ofthe Act is to foster competition
in the local telecommunications market. Since the enactment, the Commission has received several documents from potential
telecommunications providers stating their intent to provide local telecommunication services in ldaho. These documents range
from a one sentence notice, to form letters citing rules and laws that do not exist in Idaho, to others addressing the applicant's
business afftliation, financial ability and managerial qualifications. In addition, the Commission Staffhas received numerous
inquiries from companies seeking information concerning how to apply and operate as a local service provider.
These applicants request that the Commission issue a Certificate of Public Convenience and Necessity (Certificate) to provide
local exchange services within the state of Idaho pursuant to ldaho Code $$ 6l-526 through -528 and IDAPA 31.01 .0 l.l I I
(Rule I I l).1 Most, if not all, ofthe applications filed do not provide the necessary information for the Commission to determine
if a Certificate should be issued. In this procedural Order, the Commission sets out the necessary information to be included
with an Application for a Certificate submitted by a new provider of local exchange service in Idaho and the requirements to
amend a Certificate. Those telecommunications companies intending to offer only non-basic local exchange service (e.g., MTS,
WATS, dedicated service) need not apply for a certificate but must comply with the filing requirem ents of ldaho Code g 62-604.
On August 14,1996,the Commission issued aNotice ofProposed Order and OrderNo.26547 seeking comments from interested
persons on the attached Proposed Procedural Order clari$ing the requirements of Rule I I I and Rule I 12 for telecommunication
providers. The Commission received comments on the Proposed Order from the following parties: Ada County Highway
District, U S WEST Communications (U S WEST), Electric Lightwave Inc. (ELI), GTE and the Commission Staff. All parties
who filed comments generally supported the Proposed Order clarif,ing the rules. ELI, U S WEST and Staff recommended
specific changes to the wording of the requirements. This Procedural Order No. 26665 incorporates some of the changes
suggested by these parties.
For the convenience of the reader, the complete filing requirements for a new Certificate and for amending a
attached as an Appendix to this Order.
DISCUSSION 5fa€9
The Commission is vested with the authority to grant Certificates to the public utilities operating in Idaho. Idaho Code gg
6l-526 through -528. The Commission reviews applications to determine if the applicant has the necessary qualifications to
1
EXHIBIT
$iEETLA1,!, O 2*?S Thoi'nson Reuters. No elaim to oric:nai U.5. Gov*rnmenl Works.
Re Telecommunications Providers Desiring, 1996 WL 779719 (1996)
obtain a Certificate. Commission Rules I I I and ll2 outline the data to be included in an application for a Certificate. IDAPA
3l.0l.01.lll and l12.
We believe that the certification process is the appropriate mechanism for examining applications to become a local
telecommunications provider in Idaho. However, given passage ofthe federal Telecommunications Act, the Commission desires
to streamline the certification process for new local service providers in Idaho. Rules I I 1 and I l2 give the Commission discretion
to determine what information is relevant and necessary to grant or amend a Certificate. The Commission has determined
that the filing requirements as currently set out in Rule lll and Rule 112 should be clarified so that applicants for local
telecommunications service supply the relevant and necessary information. By clariffing the information that must be submitted
in the application, we can make the certification process more efficient and facilitate the introduction of competition into the
local exchange market.
A. Requirements for New Certificates for Local klecommunications Providers
New local telecommunications providers applying for a Certificate of Public Convenience and Necessity to provide basic local
exchange service in Idaho must submit the following information:
Form of Business
7. Name, Address and Form ofBusiness
a. Ifthe applicant is the sole proprietor, (1) the name and business address ofthe applicant, and (2) the
business name of the sole proprietorship. b. If the applicant is a partnership, (l) a list of the names and
business addresses ofall the partners, and (2) the business name ofthe partnership. c. Ifthe applicant is a
corporation, (1) a short statement of the character of public service in which it may engage, (2) the name
ofthe state in which it is incorporated, (3) its principal business address and its principal business address
within Idaho, (4) a certified copy of its articles of incorporation, (5) if not incorporated in Idaho, a certificate
of good standing issued by the Secretary of State, and (6) name and address of registered agent for service
in ldaho. d. If a corporation, the names and addresses of the ten common stockholders of applicant owning
the greatest number of shares of common stock and the number of such shares owned by each, as follows:
Percentage of
Name all Shares
and Shares Issued and Percentage of
Address Owned Outstanding Voting Control
e. Names and addresses of the officers and directors of applicant. f. Name and address of any corporation, association, or similar
organization holding a 5o/o or greater ownership or a management interest in the applicant. As to ownership, the amount and
character of the interest must be indicated. A copy of any management agreement must be attached. g. Names and addresses
of subsidiaries owned or controlled by applicant.
The Commission desires to clarifu in further detail the information required to be provided by corporations. The Commission
feels it is necessary to supply more detailed information on corporations doing business in Idaho. Further, the requirement to
identify the registered agent for service is required by ldaho Code $ 30-l-12. Including this latter information will serve as
notice that corporations must have a registered agent as required by the Idaho Business Corporation Act. We find the above
requirements to be faiq just and reasonable.
.)ttt E$TL&W A 2020 Thomson Rerters. No claim to original U.S. Governmeni Works
Re Telecommunications Providers Desiring, 1996 WL 779719 (1996)
Tbl e co mmu nication S emic e
2. The date on which applicant proposes to begin construction or anticipates it will begin to provide service. A written description
of customer classes and customer service[s] that the applicant proposes to offer to the public.
Paragraph 02 ofRule I I I currently requires that the applicant state why the proposed utility service is in the public convenience
and necessity. Given the federal Act, we believe that explanation is no longer relevant for certification of local service providers.
The information addressing the construction of facilities and the proposed date to offer service is currently required by Rule
I I I .05. We find the above requirements to be fair, just and reasonable.
Service Territory
ELI suggested in its comments that the description of the service territory should be a general network description rather than the
previous wording of 'a full desuiption of the proposed location, route, or routes of the utility's services, including a description
of the manner of certihcation (if any) . . .. ' Given ELI suggestion, we modified the requirement for Proposed Service Territory
to include a description sufficient for determining whether the service is offered in a particular location.
U S WEST suggests in its comments that companies should update the service territory information periodically as service
territory changes. We acknowledge U S WEST's concern that information filed with the Commission should be current, however,
we believe Commission rules already require that information filed with the Commission shall be current. The followin"
incorporate the changes offered by the parties:
3. Proposed Service krritory. A description sufficient for determining whether service is to be offered in a particular location;
and the names of all incumbent local exchange corporations with whom the proposed utility is likely to compete. Written
description of the intended manner of service, for example, resold services or facilities based. A general description of the
property owned or controlled by applicant.
Rule I I1.03 currently requires a statement describing with whom the applicant is likely to compete. Given the presence of many
rural telephone companies (as defined in Section 251(f) and Section 3(il@2) of the Telecommunications Act) in Idaho, we find
that this information is still relevant. A description of the property owned by the applicant clarifies the applicant's proposed
services and operation. We find the above requirements to be fair, just and reasonable.
Financial Information
4. Cunent detailed balance sheets, including a detailed income and profit and loss statements of applicant reflecting current and
prior year balances for the twelve months ended as ofthe date ofthe balance sheet, or ifnot readily available, for the period
since the close ofthe preceding calendar year. Ifa balance sheet and income statement are not available, the applicant must
submit financial data sufficient to establish it possesses adequate financial resources to provide the proposed services. 5. Latest
annual report, ifany.
We believe that the above requirements for financial information are a further clarification of the necessary information currently
embodied in Rule lll.07. We find the above requirements to be fair, just and reasonable.
Maps
llrESTLAw o 20?s rh*mson Reuters. No claim to original u.5. Governrnenl works.3
Re Telecommunications Providers Desiring, 1996 WL 779719 (1996)
6. A map of reasonable size and detail showing where the applicant is proposing to provide service including exchanges (if
different from existing exchanges), rural zones, and local calling areas. If service area is identical to an incumbent's existing
service area then applicant may reference the incumbent's map.
The requirement for a detailed map is contained in Rule I I l.04. The additional detail will assist the Commission in reviewing
the applicant's ability to provide service. ELI suggested in its comments that maps should be submitted only if the service area
and local calling exchange is different from incumbent LECs. We believe that referencing an incumbent, if it is identical to
the applicant's service area, is an efficient manner to reduce paperwork submitted to the Commission. We therefore added the
above language to the text of the requirement. We find the above requirement to be fair, just and reasonable.
Tariff Filings
7. Proposed initial tariffand price sheets setting forth rates, rules, terms, and regulations applicable to the contemplated service.
Initial tariffand price list filings must be in electronic form as well as paper. The format forthe electronic form will be submitted
on a 3.5 inch computer diskette in WordPerfect readable format or other format as prescribed by the Commission Secretary.
ELI recommended that the Commission allow new entrants to file price lists containing the rates, terms, and conditions for
basic local exchange service and the same price list, and under the same condition, as allowed for Title 62 services. U S WEST,
on the other hand, recommended that all providers be subject to the same requirements for cost support for tarifffilings which
pertain to Title 61 services.
We believe that in light of developing competition of local telecommunications service that detailed cost of service studies are
not necessary. Idaho Code g 61-305 provides, however, that public utilities shall file schedules showing rates and charges with
the Commission. Rule 133, IDAPA 31.01.01.133, also provides that the Commission may order public utilities to file tariffs
showing rates and charges with the Commission. The requirement for filing anticipated rates and charges is also contained in
Rule I I I .06. The electronic format is a further clarification for ease of administration. We find the above requirements to be
fair, just and reasonable.
Customer contacts
8. Contact information for the applicant. This information must include the name, address, and telephone number for those
persons responsible for tariffquestions as well as customer contact. A toll-free number must be provided for customer inquiries
and complaints.
The Commission Rules on Customer Relations, IDAPA 31.41.01.201, require that utilities provide a toll-free number for
customer inquiries. We believe that incorporating this information with the application provides notice and assists the applicant
in complying with additional Commission requirements to operate as a local service provider. We find the above requirements
to be fair, just, reasonable and in the public interest.
I ntercon n e ctio n Ag r e emenls
9. Statements of whether the applicant has initiated interconnection negotiations and, if so, when and with whom. Copies of
any interconnection contracts which have been completed for the provision of telecommunications services.
Section 252 of the Telecommunications Act of 1996 requires that interconnection agreements reached by negotiation or
arbitration shall be submitted to the Commission for approval. We believe that including this information with the application
will assist the Commission in meeting its obligations pursuant to the Telecommunications Act. We find the above requirements
to be fair, just and reasonable.
WESTIA{V Q 2020 Thomson Reut*rs. No claim to origina! U.S. Government Wolks 4
Compliance with Commission Rules
ELI recommends that because all rules are not applicable to incumbent local exchange carriers, that the Commission include
an allowance for waiver of specific rules and procedural requirements. Based on this suggestion, we have added the waiver
language to the requirement below:
10. A written statement that the applicant has reviewed all ofthe Commission rules and agrees to comply with them, or a request
for waiver of those rules believed to be inapplicable.
Idaho Code $ 6l-528 provides that the Commission may require such terms and conditions as are necessary and in the public
interestwhenissuingCertificates.Moreover, IdahoCode$61-406provideseverypublicutilityshall complywithCommission
rules. We believe that compliance with our Rules is a relevant and necessary element that should be included in the application
for a Certificate. We find the above requirement to be fair, just, reasonable and in the public interest.
Escrow Account for Advance Deposits
Staffoffered as an alternative to the 'Performance Bond' that the Commission require companies to establish an escrow account
with a bonded escrow agent for customer advance deposits collected by a company. Staffbelieves that an escrow account may
be preferable to a performance bond because an escrow account secures a specific amount ofthe funds that will be necessary to
meet customer deposit refunds. Staffalso recommends that the Company may be waived or exempted from the escrow account
requirement after complying for a certain period of time, such as two years. We believe that an escrow account will be more
accessible for companies to obtain than a performance bond. We therefore adopt Staffs proposal in the following requirement:
I l. A signed copy ofan escrow account with a bonded escrow agent, ifa company requires advance deposits by its customers.
The Company must also submit quarterly report filings from the agent recording any deposits or disbursements from the account.
The purpose ofan escrow account is to assure the good faith, as required in ldaho Code $ 6l-528, and financial ability ofthe
applicant when it requires advances deposits from its customers. The Commission will review the individual requirement of
establishing an escrow account by the Company upon good showing by the Company for a period of two years.
B. Requirements for Amendments to Certfficates
Utilities seeking to amend their certificates to provide basic local exchange service must submit the following information:
Tel ec o mmu ni cati o n s S e rvice
l. The date on which applicant proposes to begin construction or anticipates it will begin to provide service. Written description
ofclasses ofcustomers and customer service[s] that the applicant proposes to offer to the public.
Paragraph (a) ofRule I 12, currently requires that the applicant state why the proposed construction or expansion is in the public
convenience and necessity. Given the federal Act, we believe this requirement is no longer relevant for certification of local
service providers. The information addressing the construction of facilities and the proposed date to offer service is currently
required by Rule I l2(b) and (d). We find the above requirements to be fair, just and reasonable.
Maps
Re Telecommunications Providers Desiring, 1996 WL 779719 (1996)
ISESTLAI&, O 2020 Thornsor Reuters. No claim to original U $. Governmen: Works 5
Re Telecommunications Providers Desiring, 1996 WL 779719 (1996)
2. A map of reasonable size and detail showing where the applicant is proposing to provide service including exchanges (if
different from existing exchanges), rural zones, and local calling areas. Written description of the proposed location of utility
service including the manner of construction and the intended manner of service, for example, resold services or facilities based.
The requirement for detailed maps is contained in Rule ll2(c). The additional detail will assist the Commission in reviewing
the applications. We find the above requirements to be fair, just and reasonable.
Compliance with Commission Rules
Both U S WEST and ETI have suggested that companies who apply to the Commission to amend their certificates should include
a statement that they will comply with Commission rules. ETI further suggests a waiver as they previously recommended for
new applicants. We adopt U S WEST and ETI suggestions and include it a part of the requirements for amending certificates.
3. A written statement that the applicant has reviewed all of the Commission's rules and agrees to comply with them, or a request
for waiver of those rules believed to be inapplicable.
Idqho Code $ 6l-528 provides that the Commission may require such terms and conditions as are necessary and in the public
interest when issuing Certificates. Moreover, Idaho Code S 6l -406 provides every public utility shall comply with Commission
rules. We believe that compliance with our Rules is a relevant and necessary element that should be included in the application
for a Certificate. We find the above requirement to be faig just, reasonable and in the public interest.
Tariff Filings
4. Proposed tariffand price sheets setting forth rates, rules, terms, and regulations applicable to the amendment of a certificate.
Tariffand price list filings must be in electronic form as well as paper. The format for the electronic form will be submitted on
a 3.5 inch computer diskette in WordPerfect readable format or other format as prescribed by the Commission Secretary.
U S WEST indicated that it is unclear whether the Commission intended to include requirements relating to cost of expansion,
the number of additional customers to be served and the revenues derived from the expansion. We do not intend to include those
requirements and therefore have deleted the language which may indicate otherwise.
Further, Idaho Code $ 6l -305 provides that public utilities shall file schedules showing rates and charges with the Commission.
Rule 133, IDAPA 31.01.01.133, also provides that the Commission may order public utilities to file tariffs showing rates
and charges. The requirement of the electronic format is a further clarification for ease of administration. We find the above
requirements to be fair, just and reasonable.
ULTIMATE FINDINGS OF FACT
Rule 13 of the Commission's Rules of Procedure allows liberal construction of the Commission Rules when the Commission
finds compliance with them is impractical, unnecessary or not in the public interest. IDAPA 31.01.01.013. We believe that the
above requirements clarifr the necessary and relevant information to obtain from local telecommunications providers when
applying for or amending Certificates. We find the above requirements to be fair, just, reasonable and in the public interest.
ORDER
IT IS HEREBY ORDERED that all local telecommunications providers' applications for Certificates or amendments to
Certificates shall comply with the filing requirements as outlined in this Order.
6$lE$It&l,Y O 2020 Thomson Reuters. lrlo claim to origiral U S. Governmenl Works.
Re Telecommunications Providers Desiring, 1996 WL 779719 (1996)
THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days
of the service date of this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person
may cross-petition for reconsideration. See ldaho Code $ 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this 6th day of November 1996.
APPENDIX
Requirements for New Certificates for Local Tblecommunications Providers
New local telecommunications providers applying for a Certificate to provide basic local exchange service must submit the
following information :
Form of Business
l. Name, Address and Form of Business
a. Ifthe applicant is the sole proprietor, (1) the name and business address ofthe applicanto and (2) the
business name of the sole proprietorship. b. If the applicant is a partnership, (1) a list of the names and
business addresses of all the partners, and (2) the business name of the partnership. c. If the applicant is a
corporation, (1) a short statement of the character of public service in which it may engage, (2) the name
of the state in which it is incorporated, (3) its principal business address and its principal business address
within ldaho, (4) a certified copy ofits articles ofincorporation, (5) ifnot incorporated in Idaho, a certificate
ofgood standing issued by the Secretary ofState, and (6) name and address ofregistered agent for service
in ldaho. d. If a corporation, the names and addresses of the ten common stockholders of applicant owning
the greatest number of shares of common stock and the number of such shares owned by each, as follows:
Name
and Shares
Percentage of
all Shares
Issued and
Outstanding
Percentage of
Address Owned Voting Control
e. Names and addresses ofthe officers and directors of applicant. f. Name and address of any corporation, association, or similar
organization holding a 5%o or greater ownership or a management interest in the applicant. As to ownership, the amount and
character of the interest must be indicated. A copy of any management agreement must be attached. g. Names and addresses
ofsubsidiaries owned or controlled by applicant.
Te leco mma nic atio n S ervice
2. The date on which applicant proposes to begin construction or anticipates it will begin to provide service. A written description
of customer classes and customer service[s] that the applicant proposes to offer to the public.
Service Tenitory
WESTLi1,Y O 2020 Thomson Reuters. No claim to original U.S. Governm*n: Wo*$.7
Re Telecommunications Providers Desiring, 1996 WL 779719 (1996)
3. Proposed Service Tbrritory. A description suffrcient for determining whether service is to be offered in a particular location;
and the names of all incumbent local exchange corporations with whom the proposed utility is likely to compete. Written
description of the intended manner of service, for example, resold services or facilities based. A general description of the
property owned or controlled by applicant.
Financial Information
4. Current detailed balance sheets, including a detailed income and profit and loss statements ofapplicant reflecting current and
prior year balances for the twelve months ended as ofthe date ofthe balance sheet, or ifnot readily available, for the period
since the close ofthe preceding calendar year. If a balance sheet and income statement are not available, the applicant must
submit financial data sufficientto establish it possesses adequate financial resources to provide the proposed services. 5. Latest
annual report, ifany.
Maps
6. A map of reasonable size and detail showing where the applicant is proposing to provide service including exchanges (if
different from existing exchanges), rural zones, and local calling areas. If service area is identical to an incumbent's existing
service area then applicant may reference the incumbent's map.
Tarilf Filings
7. Proposed initial tariffand price sheets setting forth rates, rules, terms, and regulations applicable to the contemplated service.
Initial tariffand price list filings must be in electronic form as well as paper. The format for the electronic form will be submitted
on a 3.5 inch computer diskette in WordPerfect readable format or other format as prescribed by the Commission Secretary.
Customet contacts
8. Contact information for the applicant. This information must include the name, address, and telephone number for those
persons responsible for tariffquestions as well as customer contact. A toll-free number must be provided for customer inquiries
and complaints.
I nterco nn e cti o n Agreements
9. Statements of whether the applicant has initiated interconnection negotiations and, if so, when and with whom. Copies of
any interconnection contracts which have been completed for the provision of telecommunications services.
Compliance with Commission Rules
10. A written statement that the applicant has reviewed all of the Commission rules and agrees to comply with them, or a request
for waiver of those rules believed to be inapplicable.
Escrow Account for Advance Deposils
I I . A signed copy of an escrow account with a bonded escrow agent, if a company requires advance deposits by its customers.
The Company must also submit quarterly report filings from the agent recording any deposits or disbursements from the account.
STESTL"&l,!, A 2020 Thornson Reuters. No claim t* onginai U.S. Governrnent Works.B
Re Telecommunications Providers Desiring, 1996 WL 779719 (1996)
B. Requirements for Amendments to Certificates
Utilities seeking to amend their Certificates to provide basic local exchange service must submit the following information
Telecommu nications S erv ice
l. The date on which applicant proposes to begin construction or anticipates it will begin to provide service. Written description
of classes of customers and customer service[s] that the applicant proposes to offer to the public.
Maps
2. A map of reasonable size and detail showing where the applicant is proposing to provide service including exchanges (if
different from existing exchanges), rural zones, and local calling areas. Written description of the proposed location of utility
service including the manner of construction and the intended manner of service, for example, resold services or facilities based.
Compliance with Commission Rales
3. A written statement that the applicant has reviewed all of the Commission rules and agrees to comply with them, or a request
for waiver of those rules believed to be inapplicable.
Tariff Filings
4. Proposed tariff and price sheets setting forth rates, rules, terms, and regulations applicable to the amendment of a certificate.
Tariffand price list filings must be in electronic form as well as paper. The format for the electronic form will be submitted on
a 3.5 inch computer diskette in WordPerfect readable format or other format as prescribed by the Commission Secretary.
Footnotes
I Telephone corporations providing basic local exchange service to residential and business customers with five or fewer lines are
subject to the Commission's Title 6l jurisdiction. The Commission's traditional regulatory authority is found in Title 6l of the Idaho
Code. The Idaho Telecommunications Act of 1988 added a new chapter to Title 62 ofthe Code and created a modihed form of
regulation for telephone companies providing other than basic local exchange services in Idaho.
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