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HomeMy WebLinkAbout20210309_ej1.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSIONER ANDERSON COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: EDWARD JEWELL DEPUTY ATTORNEY GENERAL DATE: MARCH 5, 2021 SUBJECT: LINGO COMMUNICATIONS NORTH, LLC’S REQUEST FOR CANCELLATION OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NO. 514; CASE NO. INX-T-20-01. On December 21, 2020, Intessera Consulting Group (“Intessera”) filed a request on behalf of Lingo Communications North, LLC (“Lingo North”) asking the Commission to voluntarily withdraw Lingo North’s Certificate of Public Convenience and Necessity (“CPCN”) and cancel any tariffs on file with the Commission for Lingo North. Intessera represented that Lingo North had transferred its customers to its affiliate Matrix Telecom, LLC and because of this corporate reorganization Lingo North would no longer be serving customers in Idaho. On January 7, 2021, Commission Staff submitted a Decision Memorandum recommending the Commission approve the request. Commission Staff’s January 7, 2021 Decision Memorandum appeared on the Consent Agenda at the Commission’s January 12, 2021 Decision Meeting and the Commission approved the Decision Memorandum. Following approval of the January 7, 2021 Decision Memorandum an attorney for the Commission notified Intessera that the filing did not comply with Commission Rule 43. Commission Rule 43 defines who may file on behalf of a party. For administrative proceedings, filings may be made by “an employee or officer of a corporation” but does not allow consultants to file on behalf of a corporation. IDAPA 31.01.01.043.01. Intessera agreed to modify the filing to comply with Commission Rules. DECISION MEMORANDUM 2 On February 19, 2021, Intessera resubmitted its request accompanied by a letter signed by the Lingo North’s Vice President for Government Affairs and Compliance. STAFF RECOMMENDATION Staff recommends the Commission grant the request and withdraw CPCN No. 514 without prejudice and cancel any tariffs on file with the Commission for Lingo North. COMMISSION DECISION Does the Commission wish to withdraw CPCN No. 514 without prejudice and cancel any tariffs on file for Lingo North? __________________________ Edward J. Jewell Deputy Attorney General I:\Legal\TELECOM\INX-T-20-01\INXT2001_dec memo 2_ej