20060504_1543.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DANIEL KLEIN
GRACE SEAMAN
DONOV AN WALKER
DATE:MAY 2, 2006
RE:TRANSFER OF CERTIFICATE 399 FROM V ARTEC TELECOM, INC.
TO COMTEL TELCOM ASSETS LP j CASE NO. CT A- T -06-01.
BACKGROUND
On December 13 2005 , Comtel Telcom Assets LP (Comtel) filed an Application for a
Certificate of Public Convenience and Necessity and a Joint Notice of Asset Transfer of Comtel
with VarTec Tlecom, Inc., Excel Telecommunications, Inc, and VarTec Solutions, Inc. This
Application was modified on January 5 , 2006 to request Commission approval that CPCN 399
issued to VarTec Telecom, Inc on June 17 2002 under case number GNR-01-, be
transferred to ComTel Telcom Assets LP. This amended filing included, three new price lists
and four revised cover pages to reflect the new name of Com tel Telcom Assets LP.
Comtel states they wish to provide local exchange services under its corporate name as
well as the trade names ofVarTec Telecom, Excel Telecommunications, VarTec Solutions and
Clear Choice Communications. Comtel provided copies of business form filings with the Idaho
Secretary of State.
STAFF REVIEW
Staff reviewed the amended filing and it was determined that several changes would be
required. A conference call between staff and Comtel' s representatives was held and each price
tariff was reviewed and specific changes to the price lists were agreed upon.
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Staff also reviewed the consumer complaint history for VarTec. The majority of
complaints has to do with billing issues and slamming. The Company has always been willing to
work with staff to resolve complaints that come to the Commission s attention. With this filing
Staff became aware of several mislabeled charges on the Company s billing statements. Upon
discussion with the Company they have agreed to implement all suggested changes.
STAFF RECOMMENDATION
Staff has reviewed the name change documentation, the revised price lists, and the
revised customer billing information. Although one billing correction will not go through until
the May 7 , 2006 billing cycle, Staff believes Comtel is compliant with the Commission s Rules
of Procedure and the Idaho Statute. Staff, therefore, recommends approval of Com tel's filing.
COMISSION DECISION
Does the Commission wish to approve the transfer of Certificate No. 399 from VarTec
Telecom, Inc, to Comtel Telcom Assests LP?
/h~u
DANIEL KLEIN
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