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HomeMy WebLinkAbout20060814_1637.pdfDECISION MEMORANDUM TO:CO MMISSI 0 NER KJELLAND ER COMMISSIONER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:DONOVAN E. WALKER DATE:AUGUST 10 2006 SUBJECT:THE APPLICATION OF MY CHOICE COMMUNICATIONS, INC. DBA MCCI FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - CASE NO. MCC-06- On March 30, 2006 My Choice Communications, Inc., dba MCCI, (MCCI; Company) filed an Application with the Commission for a Certificate of Public Convenience and Necessity to provide resold and/or facilities-based local exchange services in Idaho exchanges currently served by Qwest. The Commission authorized the use of Modified Procedure to process the Company s Application with a comment deadline of July 20, 2006. Order No. 30077. Commission Staff was the only party to file comments, and recommended approval of the Company s Application. THE APPLICATION According to the Company s Application MCCI is a privately held corporation organized under the laws of the State of Idaho. The Company s principal place of business is located at Pocatello, Idaho. MCCI proposes to offer residential and small business basic exchange service as well as business class local loop connectivity and transmission necessary to connect business customers to interexchange carrier points of presence. The Application states that the Company does not anticipate installing any physical plant at this time, and will lease Qwest's unbundled network element platform. MCCI states that as the market for its services and its business plans dictate that it may eventually lease or deploy its own switches within existing carrier hotels or other leased premises, but no physical construction of fiber optic or copper cables is anticipated, now or in the future. The Company is currently negotiating an interconnection agreement with Qwest. The Application contains a written statement that the Applicant is familiar with the Commission rules and agrees to comply DECISION MEMORANDUM with them. A proposed initial tariff was filed with the Application, and a replacement tariff was filed on June 20, 2006. STAFF RECOMMENDATION Staff has reviewed the information provided by the MCCI in its Application and believes it satisfies the requirement of Procedural Rule 111 , IDAPA 31.01.01.111 , as well as Procedural Order No. 26665, which sets forth the necessary information to be included with an application for a certificate. Staff stated that the Company s application included all of the required information and that Staff is satisfied that the Company has the technical, managerial and financial strength to provide the services identified in the Application. The Company stated that it will comply with all Commission rules, and has filed an illustrative tariff demonstrating an understanding of tariff requirements and processes. Based upon its review of the Company Application Staff recommends that the Company be granted a Certificate of Public Convenience and Necessity as requested. COMMISSION DECISION Does the Commission wish to approve the Company s Application and thereby grant MCCI a Certificate of Public Convenience and Necessity to provide competitive local exchange service? DONOV AN E. WALKER DECISION MEMORANDUM