Idaho Public Utilities
Commission
Case No.
GNR-T-11-01, Order No. 32194
March 9, 2011
Contact: Gene
Fadness (208) 334-0339, 890-2712
PUC taking comments
regarding telecommunication certification
The Idaho Public Utilities
Commission is taking comments through March 25 on the possible creation of a
new certification process for some telecommunications companies doing business
in Idaho.
Currently, competitive
telecommunications companies who plan to offer local exchange service in Idaho
must receive a Certificate of Public Convenience and Necessity (CPCN) from the
commission.
In August 2010, the commission
denied a certificate to Time Warner Cable Information Services because the
company did not plan to offer local exchange service. Instead, Time Warner sought
to offer Voice over Internet Protocol (VoIP) services to commercial customers
in Idaho using primarily the facilities owned by its cable affiliate. The
commission denied the certificate because Time Warner is a wholesale provider
that offers services to other telecommunications companies, not to the public
or end-users. The commission said Time
Warner did not need a certificate to provide competitive wholesale service in
Idaho.
In order to sell their service, wholesale
providers who do not have physical infrastructure must interconnect with
existing companies who have facilities, such as Qwest. Timer Warner asserted that
existing providers in Idaho won’t interconnect with Time Warner without a
certificate. Further, Time Warner alleged that without a certificate it won’t
be assigned telephone numbers and connections with E-911 emergency service.
The Time Warner case led to a
commission investigation that determined there are a number of competitive
local exchange companies that have obtained a certificate to gain a foothold in
the state but have never initiated service. A number of the companies objected
to a commission letter suggesting the commission may rescind their certificates.
The companies allege that revocation of their certificate would make it more
difficult for them to comply with provisions of the federal Telecommunications
Act of 1996 that they say requires certification to interconnect with existing
companies and to be assigned telephone numbers.
In response, the commission has
opened a docket to investigate whether some sort of certification process is
appropriate for competitive providers who do not provide local exchange
services. The certification would assist them in providing competitive service
at a wholesale level. The commission is soliciting comments addressing the
following questions:
1. Is a
certification by the commission necessary for companies providing
telecommunications services but not local exchange service?
2. If some
sort of certification is needed, what form or designation should it take?
3. What
legal authority does the commission have to issue certification that is not a
CPCN?
4. What can
the commission do to ensure telephone numbers are used efficiently by
competitive companies and other telecommunications providers?
Comments are accepted via e-mail by accessing
the commission’s homepage at www.puc.idaho.gov
and clicking on "Comments & Questions About a Case." Fill in the
case number (GNR-T-11-01) and enter your comments. Comments can also be mailed
to P.O. Box 83720, Boise, ID 83720-0074 or faxed to (208) 334-3762.
A full text
of the commission’s order, along with other documents related to this case, is
available on the commission’s Web site at www.puc.idaho.gov.
Click on “File Room” and then on “Telecommunications Cases” and scroll down to
the above case number.