HomeMy WebLinkAbout20030127_372.pdfDECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
COMMISSION STAFF
LEGAL
FROM:JOHN HAMMOND
DATE:JANUARY 23, 2003
RE:REQUEST TO PROVIDE NOTICE TO IPVOICE COMMUNICATIONS, INC.
THAT ITS AUTHORITY TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES IN IDAHO SHALL BE REVOKED
WITHIN A TIME CERTAIN IF CERTAIN CONDITIONS ARE NOT MET.
CASE NO. GNR- T -03-
This Decision Memorandum is submitted to address the failure of IPVoice
Communications Inc. to post a bond as a condition for issuance of its CPCN. Furthermore, the
Company has had its Certificate of Authority to transact business in the State of Idaho
administratively revoked or cancelled. See Idaho Code ~~ 30-128 , 1-1501 and 1-1530.
IPVoice Communications, Inc., Previous Case No. GNR-00-20.
On July 5 , 2000, IPVoice Communications, Inc. ("IPVoice ) filed an Application for
a CPCN to provide local exchange service within the State of Idaho. The Company
Application stated that IPVoice was organized to provide resold and facilities-based local
exchange and interexchange services throughout the service areas of Qwest North, Qwest South
and Verizon. The Commission granted the Application and found that a Certificate should be
issued subject to IPVoice Communications, Inc. providing evidence of establishment of a
$50 000 bond. See Order No. 28600.
IPVoice has failed to provide evidence of establishment of the required bond.
Furthermore, Staff has learned that IPVoice s Certificate of Authority to transact business in this
State as a foreign corporation was administratively revoked by the Secretary of State s Office on
August 6, 2001. In addition, Staff s attempts to contact this Company have been unsuccessful.
1 Contact phone numbers as provided by the Company to the Commission have been disconnected. Attempts to
DECISION MEMORANDUM
STAFF RECOMMENDATION
A CPCN is subject to and contingent upon statutory conditions, regulations and
restrictions. See Order No. 26665. The nature of the grant is such that it is always subject to
review. The grant of a CPCN entails a reciprocal acceptance of responsibility and duties by the
regulated utility. Failure to perform those duties makes it fair, just and reasonable for the
Commission to revoke its privilege to provide service. Breach of condition whether express or
implied upon which the grant depends is grounds for termination or recission.
Staff recommends that the Commission enter an Order notifying the IPVoice that
unless it posts a bond as ordered by Commission final Order No. 28600 and obtains a current
Certificate of Authority from the Secretary of State to transact business as a foreign corporation
in Idaho within thirty (30) days it shall revoke any authority given to the Company in Order No.
28600, Case No. GNR-00-, to provide local exchange telecommunications services in Idaho
and IPV oice ' s illustrative price lists and tariffs from its active files.
COMMISSION DECISION
Does the Commission wish to provide notice to IPVoice Communications, Inc. that
its authority to provide local exchange telecommunications services shall be revoked within
thirty (30) days if it fails to post a bond as required by Order No. 28600 and obtains a current
Certificate of Authority to transact business in Idaho as a foreign corporation?
H--.
Hammond
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contact VergeTech, a company that apparently merged with IPVoice have also been unsuccessful.
DECISION MEMORANDUM