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HomeMy WebLinkAbout20060607_1579.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER CO MMISSI 0 NER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:CECELIA A. GASSNER DATE:JUNE 1, 2006 SUBJECT:APPLICATION OF CORDIA COMMUNICATIONS CORP. FOR APPROV AL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL SERVICE IN IDAHO, CASE NO. CRD- T -06- On March 23 , 2006, Cordia Communications Corp. ("Cordia ) filed an Application for a Certificate of Public Convenience and Necessity with the Commission. In the Application Cordia proposes to provide local and interexchange services in the geographic area currently served by Qwest Corporation. On May 9, 2006, the Commission solicited comments regarding Cordia s Application. See Order No. 30031. No comments were received other than those filed by Commission Staff. THE APPLICATION Cordia is a Nevada corporation with a principal place of business in White Plains New York. The Company submitted a certified copy of its Articles of Incorporation in the State of Nevada. In addition, the Company has a Certificate of Authority to conduct business in the State of Idaho issued by the Idaho Secretary of State on December 27, 2005. The Company has provided financial information, as well as the appropriate contact information for its registered agent for service of process within Idaho. The Application stated Cordia will offer telecommunications services in Idaho through resale of the services of Qwest. The Company entered into an interconnection agreement with Qwest on or about January 3 , 2006, which was approved by the Commission on March 7 2006. Cordia has been operating in other states since 2001 , initially providing UNE- DECISION MEMORANDUM service, but converted its efforts to resale as UNE-P became unavailable. Cordia has also developed a VoIP platform. Cordia specifically stated in its Application it will comply with all Commission rules. It has provided an illustrative tariff with its Application that demonstrates an understanding of tariff requirements and processes. The Company will not require advance deposits by its customers and therefore did not submit an executed copy of an escrow account. STAFF COMMENTS Staff reviewed the information provided by Cordia in its Application and believes it satisfies the requirements of the Commission s Rule of Procedure 111 , IDAPA 31.01.01.111 and Procedural Order No. 26665 issued November 7, 1996, which sets out the necessary information to be included with an application for a certificate. Cordia s Application includes all of the required information. Staff believes the Company has sufficient technical expertise to provide the services identified in the Application. The Application included copies of the Form 10-QSB for 2005 and Form 10-KSB for 2004 filed with the Securities and Exchange Corporation for Cordia Corporation, the parent corporation of Cordia Communications. Staff is satisfied that the Company has the technical, managerial and financial strength to provide the services identified in the Application. Staff recommends that a Certificate of Public Convenience and Necessity to provide competitive local exchange service in Idaho be granted to Cordia. COMMISSION DECISION Does the Commission wish to approve Cordia s Application for a Certificate of Public Convenience and Necessity to provide telecommunications services to customers in Idaho? Does the Commission wish to waive the requirement of an escrow account until Cordia begins to collect deposits from its customers? Cecelia . assner M:CRD-O6- DECISION MEMORANDUM