20170927_sean1.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: SEAN COSTELLO
DEPUTY ATTORNEY GENERAL

DATE: SEPTEMBER 18, 2017

SUBJECT: STAFF’S MOTION TO DISMISS 365 WIRELESS, LLC’S CPCN
APPLICATION FOR DEFINCIENCY AND MOOTNESS, CASE NO.
THW-T-12-01

On September 12, 2017, Commission Staff (Staff) filed a Motion to Dismiss in Case
No. THW-T-12-01, a docket representing 365 Wireless, LLC’s Application to become a
facilities-based competitive local exchange and interexchange carrier in Idaho and obtain a
Certificate of Public Necessity (CPCN).
BACKGROUND
On April 18, 2012, 365 Wireless, LLC (Company) applied to become a competitive
local exchange and interexchange carrier (CLEC) in Idaho and obtain a Certificate of Public
Necessity (CPCN) (Application). See IDAPA 31.01.01.114 (Rule 114). At that time the
Company was effectively incorporated through the Idaho Secretary of State’s office.
In its Application the Company included, among other things, certificates of
organization and qualification to conduct business in Idaho, financial documentation, income
statements, and illustrative tariffs. However, Commission Staff determined that the Application
was incomplete or otherwise deficient and, over the past four years, attempted to work with the
Company to address Staff’s perceived deficiencies in the Application.
Staff again attempted to communicate with the Company on Wednesday, June 21,
2017, in an email communication following a phone call in which the Company agreed to
withdraw its 2012 Application. The email stated that if Staff did not receive further instructions
DECISION MEMORANDUM 2
from the Company by June 26, 2017, it would take steps to dismiss Case No. THW-T-12-01
without prejudice.
The Company filed a Withdrawal of Foreign Registration Statement with the Office
of the Secretary of State of Idaho on June 24, 2016. The Company’s Statement of Withdrawal
was found to conform to Idaho law by the Secretary of State and the Company is no longer
allowed to transact business in Idaho.
STAFF’S MOTION TO DISMISS
As a result of the Company’s deficient Application, lack of response to Staff
inquiries, the age and inactivity of the case, and the current inability of the Company to transact
business in Idaho, there is no need for the Commission to further consider the Company’s
pending Application. A case is “moot when ‘the issues presented are no longer live or the parties
lack a legally cognizable interest in the outcome.’” Idaho Sch. For Equal Educ. Opportunity v.
Idaho State Bd. Of Educ., 128 Idaho 276, 281, 912 P.2d 644, 649 (1996) (quoting Bradshaw v.
State, 120 Idaho 429, 432, 816 P.2d 989 (1991).
The Company’s Application was insufficient in its original form and is now over five
years old and contains outdated and insufficient information which has left the case docket in an
inactive status for much of that time. Further, the Company is no longer a registered, active
business association in Idaho. Finally, the Company failed to respond to notice provided as a
result of Staff’s Motion to Dismiss.
Based on the foregoing, Staff requests that the Commission dismiss this case without
prejudice.
RESPONSE
No party timely responded or objected to Staff’s Motion to Dismiss.
COMMISSION DECISION
Does the Commission wish to grant Staff’s Motion to Dismiss without prejudice in
Case No. THW-T-12-01?

M:THW-T-12-01_sc