20030127_375.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
COMMISSION STAFF
LEGAL
FROM:JOHN HAMMOND
DATE:JANUARY 24, 2003
RE:REVOKING IPVOICE COMMUNICATIONS, INC. AUTHORITY TO
PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES IN
IDAHO. 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 99 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 IPV oice' 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, the Company has advised Staff on January 24, 2003 that:
On behalf of IPVoice Communications, Inc. I would like to cancel the
Certificate ordered in 2000 by the old management team of IPVoice.com. If I
can offer any further assistance I can be reached at 972.386.3372 x254.
DECISION MEMORANDUM
Regards
Martha Beckel
Executive Assistant
IPVoice Communications, Inc.
VergeTech, Inc.
14860 Montfort Drive
Suite 210
Dallas, TX 75254
972.386.3372 x254
972.386.8165 fax
cc: Philip Verges, CEO, IPVoice Communications, Inc.
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.
Because IPVoice Communications, Inc., has failed to meet the conditions proscribed
by the Commission to receive a CPCN and has had its Certificate of Authority to transact
business in this State, Staff recommends that the Commission revoke any authority given to the
Company in Order No. 28600, Case No. GNR-00-, to provide local exchange
telecommunications services in Idaho. In addition, Staff recommends that the Commission
should remove IPVoice s illustrative price lists and tariffs from its active files.
COMMISSION DECISION
Does the Commission wish to revoke IPVoice Communications, Inc., authority to
provide local exchange telecommunications services in Idaho?
If so, does the Commission wish to remove IPVoice s illustrative price lists and
tariffs from its active files?
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DECISION MEMORANDUM