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HomeMy WebLinkAbout20030225Testimony Chris Adams.pdf1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 1 02/25/03 STAFF Q. Please state your name and business address for the record. A. My name is Christine Adams and my business address is 472 W. Washington Street, Boise, Idaho. Q. By whom are you employed and in what capacity? A. I am employed as a financial support technician by the Idaho Public Utilities Commission's Fiscal Section. My job responsibilities include setting up and maintaining assessment account files on all utility companies doing business in Idaho that have tariffs or price lists on file with our agency. These account files include: notices of requests for gross intrastate revenue, annual assessment fee billing statements, receipting information, and other correspondence pertaining to gross intrastate revenue and assessment billings. Q. What is the purpose of your testimony? A. I am offering testimony in the proceeding commonly referred to as Case No. GNR-U-03-3. In the Show Cause proceeding I am offering evidence regarding the failure of twenty-four (24) companies named in the Show Cause Order to pay their 2002 regulatory fee. In addition, these companies failed to report their gross operating revenues for the 2001 calendar year as required 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 2 02/25/03 STAFF by Idaho Code § 61-1003. THE ANNUAL REGULATORY FEE Q. Please explain the annual regulatory fee. A. Chapter 10 of Title 61 requires that each public utility subject to the jurisdiction of the Commission "shall pay to the commission in each year, a special regulatory fee in such amount as the commission shall find and determine to be necessary . . . todefray the amount to be expended by the commission for expenses in supervising and regulating the public utilities . . .” Idaho Code § 61-1001. Q. Is this fee applicable to Title 62 telecommunications corporations identified in this Show Cause case? A. Yes.Idaho Code § 62-611 states the telephone corporations whose services are subject to the provisions of [Title 62], shall pay to the Commission a special regulatory fee to be determined by the Commission, pursuant to procedures set forth in chapter 10, Title 61, Idaho Code, in such amount as may be necessary to defray the amount to be expended by the Commission for expenses in supervising and regulating telephone corporations pursuant to [Chapter 6 of Title 62]. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 3 02/25/03 STAFF Q. How is the fee calculated and assessed? A.Idaho Code § 61-1003 requires that each public utility shall file with the Commission a return verified by an officer or agent of the public utilities . . .involved, showing its gross operating revenues from its intrastate utility . . . business in Idaho for the preceding calendar year during which it carried on such intrastate utility or railroad business. For purposes of this hearing, twenty-four Title 62 companies identified in Case No. GNR-U-03-3 failed to report their intrastate gross operating revenues for the 2001 calendar year. Q. What happens after the preceding year’s annual revenues are reported? A. Once the utilities report their gross intrastate operating revenues, the Commission determines the proportional assessment that all public utilities must pay based upon the Commission's annual appropriation by the legislature. No later than April 15 of each year, the Commission determines the proportional assessment. This proportional assessment (in the form of a multiplier) is then multiplied by each utility's reported gross operating revenues.Idaho Code § 61-1004. For the 2002 regulatory assessment, the Commission determined that “the proportionate share of each utility's fee is to be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 4 02/25/03 STAFF assessed at .2577% (.002577) of each utility's gross intrastate operating revenues. In no case shall the assessed regulatory fee be less than $50.00 Idaho Code § 61-1004(3).” Order No. 29005. On April 22, 2002, the Commission mailed a statement to each Title 62 utility notifying them of their 2002 annual assessment. Q. How do utilities pay their assessments? A.Idaho Code § 61-1005 requires that, [o]n or before May 1st of each year, the Commission shall notify each public utility . . . bymail, of the amount of its fee for the ensuing physical year . . .Such fee shall be paid to the commission in equal semiannual installments on or before the 15th day of May and November in each fiscal year. Q. What happens if payments are late? A. Section 61-1005 further provides that, If payment shall not be made on or before said respective dates, the installment so due shall bear interest at the rate of 6 percent (6%) per annum until such time as the full amount of the installment shall have been paid. Upon failure, refusal or neglect of any public utility or railroad corporation to pay such fee the attorney general shall commence an action in the name of the state to collect the same. Q. Please describe the procedures used to notify the companies to report their preceding calendar year revenues and to pay their regulatory assessments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 5 02/25/03 STAFF A. As previously mentioned,Idaho Code § 61-1005 requires the Commission to notify each utility of its regulatory fee by mail. According to Commission Title 62 Rule 202 (IDAPA 31.42.01.202.02), each Title 62 corporation is required to provide the Commission with the address of the principle place of business of the telephone corporation, and, if there is a principle place of business in Idaho, the address of the principle place of business in Idaho, [and an] agent in Idaho for service of process by the Commission in the state of Idaho. IDAPA 31.42.01.202.02 (b) and (c). Rule 202.03 also provides that, orders and other documents issued by the Commission may be served by mail on the agent for service of process listed pursuant to Rule 202.01(c) of this Rule. This service constitutes due and timely notice to the telephone corporation, and no further service is necessary to bind the telephone corporation. IDAPA 31.42.01.202.03. Q. How were the Orders to Show Cause in this proceeding served upon the companies? A. Order No. 29185 in Case GNR-U-03-3 was service dated January 27, 2003.Idaho Code § 62-619 provides that in all matters arising under the Chapter 6 of Title 62 that are submitted to the Commission for decision, "shall be governed by the commission's rules of practice and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 6 02/25/03 STAFF procedure." Commission Procedural Rule 16 provides that the Commission Secretary shall serve all Orders by mail. IDAPA 31.01.01.16.01. This Rule also requires the Commission Secretary to serve complaints against utilities upon the person designated for that purpose by the utility. Furthermore, All utilities must maintain on file with the Commission Secretary a designation of such a person. Summonses and complaints directed to regulated utilities . . . may be served by registered or certified mail. IDAPA 31.01.01.16.02. Pursuant to Rule 16, the Commission Secretary served the Show Cause Orders by certified mail. Idaho Code § 61-615 also allows complaints against utilities to be served by registered mail. Q. Please describe the allegations against American Telecommunications Enterprise, Inc., Colorado River Communications Corp., Complus, L.L.C., Correctional Communications Systems of Idaho, L.L.C., Cybersentry, Inc., Faxnet Corporation, Federal Transtel, Inc., GF Enterprises, Ruth & Tara Millward, Nexstar Communications Inc., Nor Communications, Inc., Overlook Communications International Corporation, PTT Telekom, Inc., Quest Telecommunications, Inc., Smitty’s Pub, Telecom Network, Inc., Telehub Network Services Corporation, Teltrust Communications Services, Inc., Touchtone Network, Inc., USA Tele Corp., USBG, Inc., Vista Group International, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 7 02/25/03 STAFF Inc., West End Communications, Inc., and Western State Pay Phones ordered to Show Cause in Order No. 29185. A. I will address each company individually with the exception of Arrival Communications, Inc. and Miracle Communications, which I recommend be removed from this proceeding. 1.American Telecommunications Enterprise, Inc. On February 8, 2002, a letter was mailed to American Telecommunications Enterprise, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code § 61- 1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to American Telecommunications Enterprise, Inc.stating that its first half payment of the regulatory fee had not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 8 02/25/03 STAFF been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received American Telecommunications Enterprise, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the mail was returned by the Post Office as “not deliverable as addressed, unable to forward.” Q. Does American Telecommunications Enterprise, Inc.have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to American Telecommunications Enterprise, Inc.According to the Secretary of State’s records, American Telecommunications Enterprise, Inc.’s Certificate was administratively revoked in March 2001. Q. Why is this significant? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 9 02/25/03 STAFF A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe American Telecommunications Enterprise, Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to American Telecommunications Enterprise, Inc. was returned by the Post Office as “unable to forward, box closed.” Q. To your knowledge, when was the last time American Telecommunications Enterprise, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since May 8, 2000, when it paid the 2000 regulatory assessment fee of $50. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to CT Corporation System at 300 N. 6th St, Boise, ID 83701; J. Hambleton signed the return receipt on January 28, 2003. 2.Colorado River Communications Corporation On February 8, 2002, a letter was mailed to Colorado River Communications Corporation asking it to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 10 02/25/03 STAFF report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Colorado River Communications Corporation stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Colorado River Communications Corporation’s 2002 regulatory fee of $51.01 (interest 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 11 02/25/03 STAFF included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the mail was returned by the Post Office as “returned to sender, box closed no order.” Q. Does Colorado River Communications Corporation have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Colorado River Communications Corporation. According to the Secretary of State’s records, Colorado River Communications Corporation’s Certificate was administratively revoked in November 2000. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Colorado River Communications Corporation receives mail at the address on file with the Commission Secretary? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 12 02/25/03 STAFF A. No. All of the correspondence mailed to Colorado River Communications Corporation was returned by the Post Office as “box closed no order.” Q. To your knowledge, when was the last time Colorado River Communications Corporation communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since August 24, 1999, when it paid the 1999 regulatory assessment fee of $50. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to Prentice-Hall Corp. System, 200 N 23rd St, Boise, ID 83702; Luella Lee signed the return receipt on January 28, 2003. 3.Complus, L.L.C. On February 8, 2002, a letter was mailed to Complus, L.L.C. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 13 02/25/03 STAFF Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Complus, L.L.C. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Complus, L.L.C.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the mail was returned by the Post Office as “returned to sender, forwarding order expired.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 14 02/25/03 STAFF Q. Does Complus, L.L.C. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Complus, L.L.C. According to the Secretary of State’s records, Complus, L.L.C.’s Certificate was administratively cancelled in February 2000. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Complus, L.L.C. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Complus, L.L.C. was returned by the Post Office as “forwarding order expired.” Q. To your knowledge, when was the last time Complus, L.L.C. communicated with the Commission regarding regulatory assessments? A. The Company has never communicated with the Commission regarding fee assessments since filing their price list in March 1999. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 15 02/25/03 STAFF Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003, the Order to Show Cause was sent via certified mail to National Registered Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon Spangle signed the return receipt on January 28, 2003. NRAI has notified the Commission that Complus, L.L.C. is no longer their client. 4.Correctional Communications Systems of Idaho, L.L.C. On February 8, 2002, a letter was mailed to Correctional Communications Systems of Idaho, L.L.C. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 16 02/25/03 STAFF A. On October 1, 2002, a second letter was sent to Correctional Communications Systems of Idaho, L.L.C. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Correctional Communications Systems of Idaho, L.L.C.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “not deliverable as addressed, unable to forward.” Q. Does Correctional Communications Systems of Idaho, L.L.C. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Correctional Communications 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 17 02/25/03 STAFF Systems of Idaho, L.L.C. According to the Secretary of State’s records, Correctional Communications Systems of Idaho, L.L.C.’s Certificate was administratively canceled in February 1999. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Correctional Communications Systems of Idaho, L.L.C. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Correctional Communications Systems of Idaho, L.L.C. was returned by the Post Office as “attempted, not known, not deliverable as addressed, unable to forward.” Q. To your knowledge, when was the last time Correctional Communications Systems of Idaho, L.L.C. communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since September 2, 1997, when it paid the 1997 regulatory assessment fee of $50.54. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 18 02/25/03 STAFF Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to John G. Grant, 2710 Sunrise Rim Suite 240, Boise, ID 83705. The certified mail was returned by the Post Office as “undeliverable as addressed, no forwarding order on file.” 4.Cybersentry, Inc. On February 8, 2002, a letter was mailed to Cybersentry, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Cybersentry, Inc. stating that its first half payment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 19 02/25/03 STAFF of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Cybersentry, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “return to sender, unable to forward.” Q. Does Cybersentry, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Cybersentry, Inc. According to the Secretary of State’s records, Cybersentry, Inc.’s Certificate was administratively revoked in November 2001. Q. Why is this significant? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 20 02/25/03 STAFF A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Cybersentry, Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Cybersentry, Inc. was returned by the Post Office as “return to sender, unable to forward.” Q. To your knowledge, when was the last time Cybersentry, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has never communicated with the Commission regarding fee assessments since filing their price list in July 2000. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to National Registered Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon Spangle signed the return receipt on January 28, 2003. NRAI has notified the Commission that Cybersentry, Inc. is no longer their client. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 21 02/25/03 STAFF 5.Faxnet Corporation On February 8, 2002, a letter was mailed to Faxnet Corporation asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Faxnet Corporation stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Faxnet Corporation’s 2002 regulatory fee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 22 02/25/03 STAFF of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “return to sender, attempted unknown, forward expired.” Q. Does Faxnet Corporation have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Faxnet Corporation. According to the Secretary of State’s records, Faxnet Corporation’s Certificate was administratively revoked in October 2000. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Faxnet Corporation receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Faxnet Corporation was returned by the Post Office as “return to sender, attempted unknown, forward expired.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 23 02/25/03 STAFF Q. To your knowledge, when was the last time Faxnet Corporation paid its regulatory assessment? A. The Company last paid the annual $50 regulatory assessment fee on June 14, 2000. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to CT Corporation System at 300 N. 6th St, Boise, ID 83701; J. Hambleton signed the return receipt on January 28, 2003. 6.Federal Transtel, Inc. On February 8, 2002, a letter was mailed to Federal Transtel, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 24 02/25/03 STAFF first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Federal Transtel, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Federal Transtel, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “moved left no address, unable to forward, return to sender.” Q. Does Federal Transtel, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 25 02/25/03 STAFF A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Federal Transtel, Inc. According to the Secretary of State’s records, Federal Transtel, Inc.’s Certificate was withdrawn in December 1998. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Federal Transtel, Inc. receives mail at the address on file with the Commission Secretary? A. No. The October 1, 2002 letter mailed to Federal Transtel, Inc. was returned by the Post Office as “return to sender, moved left no address, unable to forward.” Q. To your knowledge, when was the last time Federal Transtel, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since July 3, 2001, when it paid the 2001 regulatory assessment fee of $50. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 26 02/25/03 STAFF A. Yes. On January 27, 2003, the Order to Show Cause was sent via certified mail to National Registered Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon Spangle signed the return receipt on January 28, 2003. NRAI has notified the Commission that Federal Transtel, Inc. is no longer their client. 7.GF Enterprises On February 8, 2002, a letter was mailed to GF Enterprises asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to GF Enterprises stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 27 02/25/03 STAFF now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received GF Enterprises’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “not deliverable as addressed, unable to forward.” Q. Does GF Enterprises have a current Certificate of Existence issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to GF Enterprises. According to the Secretary of State’s records, GF Enterprises has never had a Certificate of Existence. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho because it is in violation of Idaho Code §§ 53-504 and 53-509. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 28 02/25/03 STAFF Q. Do you believe GF Enterprises receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to GF Enterprises was returned by the Post Office as “not deliverable as addressed, unable to forward.” Q. To your knowledge, when was the last time GF Enterprises communicated with the Commission regarding regulatory assessments? A. The Company has never communicated with the Commission regarding fee assessments since filing their price list in November 1996. 8.Ruth and Tara Millward On February 8, 2002, a letter was mailed to Ruth and Tara Millward asking them to report their gross intrastate revenue on or before April 1, 2002. They did not timely report their gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because they initially failed to report their revenues, they were assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. They did not respond to this statement either. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 29 02/25/03 STAFF Q. What happened next? A. On October 1, 2002, a second letter was sent to Ruth and Tara Millward stating that the first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Have Ruth and Tara Millward paid the 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Ruth and Tara Millward’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing Ruth and Tara Millward to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “undeliverable as addressed, no forwarding address on file.” Q. Do Ruth and Tara Millward have a current Certificate of Existence issued by the Secretary of State to do business in Idaho? A. No. Ruth and Tara Millward are operating as a small business using their own names; therefore, they are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 30 02/25/03 STAFF not required to obtain a Certificate of Existence with the Secretary of State. Q. Do you believe Ruth and Tara Millward receive mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Ruth and Tara Millward was returned by the Post Office as “undeliverable as addressed, no forwarding address on file.” Q. To your knowledge, when was the last time GF Enterprises communicated with the Commission regarding regulatory assessments? A. Ruth and Tara Millward have never communicated with the Commission regarding fee assessments since filing their price list in April 1995. 9.Nexstar Communications, Inc. On February 8, 2002, a letter was mailed to Nexstar Communications, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 31 02/25/03 STAFF and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Nexstar Communications, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Nexstar Communications, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “not deliverable as addressed, unable to forward.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 32 02/25/03 STAFF Q. Does Nexstar Communications, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Nexstar Communications, Inc. According to the Secretary of State’s records, Nexstar Communications, Inc.’s Certificate was administratively revoked in February 2000. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Nexstar Communications, Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Nexstar Communications, Inc. was returned by the Post Office as “not deliverable as addressed, unable to forward.” Q. To your knowledge, when was the last time Nexstar Communications, Inc. communicated with the Commission regarding regulatory assessments? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 33 02/25/03 STAFF A. The Company has not communicated with the Commission regarding fee assessments since June 2, 1999, when it paid the 1999 regulatory assessment fee of $50. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to Stanley W. Welsh, 815 W. Washington, Boise, ID 83702. The return receipt was signed on January 28, 2003; however, the signature was not legible. 10.Nor Communications, Inc. On February 8, 2002, a letter was mailed to Nor Communications, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 34 02/25/03 STAFF first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Nor Communications, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Nor Communications, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the mail was returned by the Post Office as “attempted, not known.” Q. Does Nor Communications, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 35 02/25/03 STAFF information pertaining to Nor Communications, Inc. According to the Secretary of State’s records, Nor Communications, Inc.’s Certificate was administratively revoked in December 2000. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Nor Communications, Inc. receives mail at the address on file with the Commission Secretary? A. No. The October 1, 2002 letter mailed to Nor Communications, Inc. was returned by the Post Office as “return to sender, unable to forward.” Q. To your knowledge, when was the last time Nor Communications, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has never communicated with the Commission regarding fee assessments since filing their price list in January 1999. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to Stanley W. Welsh, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 36 02/25/03 STAFF 815 W. Washington, Boise, ID 83702. The return receipt was signed on January 28, 2003; however, the signature was not legible. 11.Overlook Communications International Corporation On February 8, 2002, a letter was mailed to Overlook Communications International Corporation asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Overlook Communications International Corporation stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 37 02/25/03 STAFF the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Overlook Communications International Corporation’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “attempted, not known.” Q. Does Overlook Communications International Corporation have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Overlook Communications International Corporation. According to the Secretary of State’s records, Overlook Communications International Corporation’s Certificate was administratively revoked in September 2002. Q. Why is this significant? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 38 02/25/03 STAFF A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Overlook Communications International Corporation receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Overlook Communications International Corporation was returned by the Post Office as “attempted, not known.” Q. To your knowledge, when was the last time Overlook Communications International Corporation communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since December 6, 2000, when it paid the 2000 regulatory assessment fee of $50.39 Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to CT Corporation System at 300 N. 6th St, Boise, ID 83701; J. Hambleton signed the return receipt on January 28, 2003. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 39 02/25/03 STAFF 13.PTT Telekom, Inc. On February 8, 2002, a letter was mailed to PTT Telekom, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to PTT Telekom, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received PTT Telekom, Inc.’s 2002 regulatory fee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 40 02/25/03 STAFF of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “not deliverable as addressed, no forwarding order on file.” Q. Does PTT Telekom, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to PTT Telekom, Inc. According to the Secretary of State’s records, PTT Telekom, Inc.’s Certificate was administratively revoked in November 2001. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe PTT Telekom, Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to PTT Telekom, Inc. was returned by the Post Office as “not deliverable as addressed, no forwarding order on file.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 41 02/25/03 STAFF Q. To your knowledge, when was the last time PTT Telekom, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since December 14, 2000, when it paid the 2000 regulatory assessment fee of $50. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to National Registered Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon Spangle signed the return receipt on January 28, 2003. NRAI has notified the Commission that PTT Telekom, Inc. is no longer their client. 14.Quest Telecommunications, Inc. On February 8, 2002, a letter was mailed to Quest Telecommunications, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 42 02/25/03 STAFF also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Quest Telecommunications, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Quest Telecommunications, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “not deliverable as addressed, unable to forward.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 43 02/25/03 STAFF Q. Does Quest Telecommunications, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Quest Telecommunications, Inc. According to the Secretary of State’s records, Quest Telecommunications, Inc.’s Certificate was administratively revoked in June 2001. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Quest Telecommunications, Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Quest Telecommunications, Inc. was returned by the Post Office as “not deliverable as addressed, unable to forward.” Q. To your knowledge, when was the last time Quest Telecommunications, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since May 4, 1996, when it paid the 1996 regulatory assessment fee of $50. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 44 02/25/03 STAFF Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to CT Corporation System at 300 N. 6th St, Boise, ID 83701; J. Hambleton signed the return receipt on January 28, 2003. 15.Smitty’s Pub On February 8, 2002, a letter was mailed to Smitty’s Pub asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Smitty’s Pub stating that its first half payment of the regulatory fee had not been received. The amount owed, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 45 02/25/03 STAFF including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Smitty’s Pub’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “undeliverable as addressed, no forwarding order on file.” Q. Does Smitty’s Pub have a current Certificate of Existence issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Smitty’s Pub. According to the Secretary of State’s records, Smitty’s Pub has never had a Certificate of Existence. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho because it is in violation of Idaho Code 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 46 02/25/03 STAFF §§ 53-504 and 53-509. Q. Do you believe Smitty’s Pub receives mail at the address on file with the Commission Secretary? A. No. The October 1, 2002 letter mailed to Smitty’s Pub was returned by the Post Office as “return to sender, no forward order on file, unable to forward.” Q. To your knowledge, when was the last time Smitty’s Pub communicated with the Commission regarding regulatory assessments? A. The Company has never communicated with the Commission regarding fee assessments since filing their price list in July 1995. 16.Telcom Network,Inc. On February 8, 2002, a letter was mailed to Telcom Network, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 47 02/25/03 STAFF first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Telcom Network, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Telcom Network, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the mail was returned by the Post Office as “returned to sender, unable to forward.” Q. Does Telcom Network Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 48 02/25/03 STAFF information pertaining to Telcom Network Inc. According to the Secretary of State’s records, Telcom Network Inc.’s Certificate was forfeited in December 1996. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Telcom Network Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Telcom Network Inc. was returned by the Post Office as “return to sender, unable to forward.” Q. To your knowledge, when was the last time Telcom Network Inc. communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since May 21, 1996, when it paid the regulatory assessment fee of $50. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003, the Order to Show Cause was sent via certified mail to Prentice-Hall Corp. System, 200 N 23rd St, Boise, ID 83702; Luella Lee signed the return receipt on January 28, 2003. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 49 02/25/03 STAFF 17.Telehub Network Services Corporation On February 8, 2002, a letter was mailed to Telehub Network Services Corporation asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Telehub Network Services Corporation stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 50 02/25/03 STAFF A. No. As of February 24, 2003, the Commission has not received Telehub Network Services Corporation’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “not deliverable as addressed, unable to forward.” Q. Does Telehub Network Services Corporation have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Telehub Network Services Corporation. According to the Secretary of State’s records, Telehub Network Services Corporation’s Certificate was administratively revoked in March 2001. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 51 02/25/03 STAFF Q. Do you believe Telehub Network Services Corporation receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Telehub Network Services Corporation was returned by the Post Office as “not deliverable as addressed, unable to forward, return to sender, moved left no address.” Q. To your knowledge, when was the last time Telehub Network Services Corporation communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since May 4, 1999 when it paid the 1999 regulatory assessment fee of $50. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to National Registered Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon Spangle signed the return receipt on January 28, 2003. NRAI has notified the Commission that Telehub Network Services Corporation is no longer their client. 18.Teltrust Communications Services, Inc. On February 8, 2002, a letter was mailed to Teltrust Communications Services, Inc. asking it to report 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 52 02/25/03 STAFF its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Teltrust Communications Services, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Teltrust Communications Services, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 53 02/25/03 STAFF Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “not deliverable as addressed, unable to forward, moved left no address, return to sender.” Q. Does Teltrust Communications Services, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Teltrust Communications Services, Inc. According to the Secretary of State’s records, Teltrust Communications Services, Inc.’s Certificate was administratively revoked in November 2001. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Teltrust Communications Services, Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Teltrust Communications Services, Inc. was returned by the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 54 02/25/03 STAFF Post Office as “not deliverable as addressed, unable to forward, return to sender, moved left no address.” Q. To your knowledge, when was the last time Teltrust Communications Services, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since July 25, 2000 when it paid the 2000 regulatory assessment fee of $126.27. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to CT Corporation System at 300 N. 6th St, Boise, ID 83701; J. Hambleton signed the return receipt on January 28, 2003. 19.Touchtone Network, Inc. On February 8, 2002, a letter was mailed to Touchtone Network, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 55 02/25/03 STAFF also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Touchtone Network, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Touchtone Network, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “attempted not known, return to sender.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 56 02/25/03 STAFF Q. Does Touchtone Network, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003, I reviewed the Secretary of State’s website for the Certificate information pertaining to Touchtone Network, Inc. According to the Secretary of State’s records, Touchtone Network, Inc.’s Certificate was forfeited in December 1996. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Touchtone Network, Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Touchtone Network, Inc. was returned by the Post Office as “attempted not known, return to sender.” Q. To your knowledge, when was the last time Touchtone Network, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has never communicated with the Commission regarding fee assessments since filing their price list in October 1994. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 57 02/25/03 STAFF Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to National Registered Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon Spangle signed the return receipt on January 28, 2003. NRAI has notified the Commission that Touchtone Network, Inc. is no longer their client. 20.USA Tele Corp. On February 8, 2002, a letter was mailed to USA Tele Corp. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 58 02/25/03 STAFF A. On October 1, 2002, a second letter was sent to USA Tele Corp. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received USA Tele Corp.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “not deliverable as addressed, unable to forward.” Q. Does USA Tele Corp. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to USA Tele Corp. According to the Secretary of State’s records, USA Tele Corp.’s Certificate was administratively revoked in February 1998. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 59 02/25/03 STAFF Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe USA Tele Corp. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to USA Tele Corp. was returned by the Post Office as “unable to forward, return to sender.” Q. To your knowledge, when was the last time USA Tele Corp. communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since May 9, 2000 when it paid the 2000 regulatory assessment fee of $50. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003, the Order to Show Cause was sent via certified mail to National Registered Agents, Inc. 1423 Tyrell Lane, Boise, ID 83706; Sharon Spangle signed the return receipt on January 28, 2003. NRAI has notified the Commission that USA Tele Corp. is no longer their client. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 60 02/25/03 STAFF 21.USBG, Inc. On February 8, 2002, a letter was mailed to USBG, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to USBG, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received USBG, Inc.’s 2002 regulatory fee of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 61 02/25/03 STAFF $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “attempted not known.” Q. Does USBG, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to USBG, Inc. According to the Secretary of State’s records, USBG, Inc.’s Certificate was administratively revoked in August 2001. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe USBG, Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to USBG, Inc. was returned by the Post Office as “attempted not known.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 62 02/25/03 STAFF Q. To your knowledge, when was the last time USBG, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since May 18, 1999 when it paid the 1999 regulatory assessment fee of $50. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003, the Order to Show Cause was sent via certified mail to Stanley W. Welsh, 815 W. Washington, Boise, ID 83702. The return receipt was signed on January 28, 2003; however, the signature was not legible. 22.Vista Group International, Inc. On February 8, 2002, a letter was mailed to Vista Group International, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 63 02/25/03 STAFF and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Vista Group International, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received Vista Group International, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “not deliverable as addressed, unable to forward.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 64 02/25/03 STAFF Q. Does Vista Group International, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003, I reviewed the Secretary of State’s website for the Certificate information pertaining to Vista Group International, Inc. According to the Secretary of State’s records, Vista Group International, Inc.’s Certificate was administratively revoked in July 2001. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe Vista Group International, Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to Vista Group International, Inc. was returned by the Post Office as “not deliverable as addressed, unable to forward.” Q. To your knowledge, when was the last time Vista Group International, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has not communicated with the Commission regarding fee assessments since May 12, 1999 when it paid the 1999 regulatory assessment fee of $66.33. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 65 02/25/03 STAFF Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003, the Order to Show Cause was sent via certified mail to Stanley W. Welsh, 815 W. Washington, Boise, ID 83702. The return receipt was signed on January 28, 2003; however, the signature was not legible. 23.West End Communications, Inc. On February 8, 2002, a letter was mailed to West End Communications, Inc. asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 66 02/25/03 STAFF A. On October 1, 2002, a second letter was sent to West End Communications, Inc. stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? A. No. As of February 24, 2003, the Commission has not received West End Communications, Inc.’s 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the certified mail was returned by the Post Office as “return to sender, unable to forward.” Q. Does West End Communications, Inc. have a current Certificate of Authority issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to West End Communications, Inc. According to the Secretary of State’s records, West End 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 67 02/25/03 STAFF Communications, Inc.’s Certificate was administratively revoked in May 2002. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho, even if it had paid this Commission’s regulatory fee. Q. Do you believe West End Communications, Inc. receives mail at the address on file with the Commission Secretary? A. No. All of the correspondence mailed to West End Communications, Inc. was returned by the Post Office as “return to sender, unable to forward.” Q. To your knowledge, when was the last time West End Communications, Inc. communicated with the Commission regarding regulatory assessments? A. The Company has never communicated with the Commission regarding fee assessments since filing their price list in March 2001. Q. To your knowledge, did the Commission Secretary attempt to serve this Order to Show Cause upon the Company’s designated service agent? A. Yes. On January 27, 2003 the Order to Show Cause was sent via certified mail to TCS Corporate Services, Inc at 5527 Kendall St., Boise, ID 83706; Kristi Herring signed the return receipt on January 28, 2003. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 68 02/25/03 STAFF 24.Western State Pay Phones On February 8, 2002, a letter was mailed to Western State Pay Phones asking it to report its gross intrastate revenue on or before April 1, 2002. The Company did not timely report its gross intrastate revenue. On April 22, 2002, a statement of their annual assessment fee was mailed. Because the Company initially failed to report its revenues, it was assessed the minimum fee of $50 per Idaho Code '61-1004(3). This statement also mentioned that the fee may be paid in two equal installments, the first due no later than May 15, 2002, and the second due no later than November 15, 2002. However, the entire fee could be paid no later than the first installment date. The Company did not respond to this statement either. Q. What happened next? A. On October 1, 2002, a second letter was sent to Western State Pay Phones stating that its first half payment of the regulatory fee had not been received. The amount owed, including calculated interest of 6% per annum, was now $25.57 for the first half due no later than October 15, 2002 or $50.57 for the entire year’s assessment. Q. Has the Company paid its 2002 regulatory fee? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 69 02/25/03 STAFF A. No. As of February 24, 2003, the Commission has not received Western State Pay Phones’ 2002 regulatory fee of $51.01 (interest included as of January 15, 2003) and the fee is well past due. Q. Did the Commission attempt to serve a copy of Order No. 29185, directing the Company to appear at the Show Cause Hearing, via certified mail? A. Yes, however, the mail was returned by the Post Office as “returned to sender, no receptacle.” Q. Does Western State Pay Phones have a current Certificate of Existence issued by the Secretary of State to do business in Idaho? A. No. On January 15, 2003 I reviewed the Secretary of State’s website for the Certificate information pertaining to Western State Pay Phones. According to the Secretary of State’s records, Western State Pay Phones has never had a Certificate of Existence. Q. Why is this significant? A. The Company is not authorized to conduct business in Idaho because it is in violation of Idaho Code §§ 53-504 and 53-509. Q. Do you believe Western State Pay Phones receives mail at the address on file with the Commission Secretary? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 70 02/25/03 STAFF A. No. All of the correspondence mailed to Western State Pay Phones was returned by the Post Office as “return to sender, no receptacle”. Q. To your knowledge, when was the last time Western State Pay Phones communicated with the Commission regarding regulatory assessments? A. The Company has never communicated with the Commission regarding fee assessments since filing their price list in August 1997. RECOMMENDATION Q. What is your recommendation regarding disposition of the 24 companies in Case No. GNR-U-03-3? A. If these companies fail to appear at the Show Cause Hearing, I recommend that the Hearing Officer enter a default against the companies as provided in Procedural Rule 301 IDAPA 31.01.01.301. I further recommend that the Commission issue an Order finding that the companies have failed to report their 2001 intrastate operating revenues, and have failed to pay their 2002 regulatory fees. As noticed in Order No. 29185 in this matter, I believe it is appropriate for the Commission to Order the 24 companies to cease operating in Idaho until they have come into compliance by paying the appropriate regulatory fees. Furthermore, local exchange companies should be directed by the Commission to deny or prohibit interconnection or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GNR-U-03-3 ADAMS, C (Di) 71 02/25/03 STAFF the carriage of traffic for these companies. If the companies fail to pay their delinquent regulatory fees and report their revenues for 2001, I would further recommend that their tariffs/price lists be removed from the Commission’s files and the companies’ certificates cancelled if applicable. Q. Does that conclude your direct testimony? A. Yes it does.