NOTICES
Tentative Order
[32 Pa.B. 5362] Public Meeting held
October 10, 2002Commissioners Present: Glen R. Thomas, Chairperson, statement follows; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick, statement dissenting in part follows; Kim Pizzingrilli
Application of Broadview NP Acquisition Corporation d/b/a Broadview Net Plus for approval to offer, render, furnish or supply telecommunication services as a Facilities-based Interexchange Carrier to the Public in the Commonwealth of Pennsylvania; Doc. No. A-311188
Application of Broadview NP Acquisition Corporation d/b/a Broadview Net Plus for approval to offer, render, furnish or supply telecommunication services as a reseller and facilities-based Competitive Local Exchange Carrier Services to the Public in the Commonwealth of Pennsylvania; Doc. No. A-311188F0002
Application of Broadview NP Acquisition Corporation d/b/a Broadview Net Plus for approval to offer, render, furnish or supply telecommunications services as a Competitive Access Provider in the Commonwealth of Pennsylvania; Doc. No. A-311188F0003
Tentative Order By the Commission:
On April 14, 2002, Broadview NP Acquisition Corporation d/b/a Broadview Net Plus (Applicant) filed Applications seeking Certificates of Public Convenience pursuant to the Telecommunications Act of 1996, 47 U.S.C.A. §§ 201, et seq. (TA-96)1 and to Chapter 11 and 30 of the Public Utility Code (Code) (66 Pa.C.S. §§ 1101, et seq. and §§ 3001, et seq.) evidencing authority to provide the following telecommunication services to residential and business customers:
(1) As a Facilities-based Interexchange Carrier (IXC Carrier) throughout the Commonwealth of Pennsylvania.
(2) As a Reseller and Facilities-based Competitive Local Exchange Carrier (CLEC) services in the service territories of Verizon Pennsylvania, Inc., Verizon North, Inc. and Sprint/United Telephone of Pennsylvania (the ILECs) within the Commonwealth of Pennsylvania.
(3) As a Competitive Access Provider (CAP) throughout the Commonwealth of Pennsylvania.
The Applicant complied with 52 Pa. Code § 5.14, relating to applications requiring notice. No protests were filed. No hearings were held.
The Applicant asserts that it will not be a rural telephone company. The Applicant served a copy of the Application upon the ILECs.
The Applicant is a Delaware corporation with its principal place of business at 59 Maiden Lane, 27th Floor, New York, NY 10038, (212) 400-1000 and fax (212) 400-1111.
The Applicant's registered office provider is CSC Corporation, 2704 Commerce Drive, Harrisburg, PA 17110. Correspondence to resolve complaints may be directed to Ana Bataille, Manager, Regulatory Affairs, 400 Horsham Road, Suite 130, Horsham, PA 19044. The Applicant will not be using a fictitious name.
The Applicant currently has an affiliate doing business in the Commonwealth of Pennsylvania. Broadview Networks, Inc. (Broadview), 45-18 Court Square, Suite 403, Long Island City, NY 11101, was granted certificates of public convenience to provide IXC Carrier, CLEC, and CAP services in Docket Nos. A-310932, A-310932F0002 and A-310932F0003 on October 25, 2000.
On April 11, 2002, the Applicant and Network Plus, Inc. filed a Joint Application at Docket Nos. A-311188F0004, C-20027825 and A-310097F2000 for approval of the transfer of the assets and customer base of Network Plus, Inc. and of the subsequent abandonment of service by Network Plus, Inc. This Joint Application was approved at Public Meeting held July 18, 2002, and orders the Applicant, inter alia, to adopt the tariffs of Network Plus, Inc. as its own.
The Applicant intends to provide the full range of facilities-based and resold exchange services to business and residential customers within the Commonwealth of Pennsylvania. These services may include, but will not necessarily be limited to: (1) local exchange access services to single-line and multi-line customers; (2) local exchange services to Applicant's end user access line services; and (3) dedicated and special carrier access services to other common carriers.
The Applicant intends to utilize the assets of the aforementioned Network Plus, Inc., which may include use of these switches, resale of service from other certificated carriers and/or use of Unbundled Network Elements UNEs from other certificated carriers, depending upon the most cost effective means to bring high quality service to the Applicant's customers.
Issues affecting CLECs have been addressed and are being addressed in a number of Commission proceedings.2 A CLEC Applicant is expected to adhere to the requirements relative to universal service and lifeline programs, as initially set forth or as subsequently enlarged or modified.3 Also, per Federal rules CLECs are required to ensure the efficient usage of their numbering resources and are required to semi-annually report their utilization and forecast data to the North American Numbering Plan Administrator. See 47 CFR 52.5 et. seq. Any CLEC failing to comply with state and/or Commission orders related to numbering may be subject to the reclamation of their numbering resources as well as fines pursuant to the Public Utility Code, 66 Pa.C.S. § 3301. See Implementation of Numbering Conservation Measures Granted to Pennsylvania by the Federal Communications Commission in its Order released March 31, 2000--NXX Code Reclamation, Docket No. M-00001373 (Order entered August 22, 2000), 30 Pa.B. 4701 (September 2, 2000). (Commission established process for reclaiming NXX codes from carriers who have failed to activate them within 6 months of their availability for assignment to customers.) Further, section 253(b) of the TA-96 permits a state Commission to impose, on a competitively neutral basis and consistent with the Universal Service Section, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunication services and safeguard the rights of consumers. In response, we articulated explicit concerns relative to an Applicant's financial fitness, tariff compliance and rates.4
The Applicant has provided financial information to support its Applications. We, therefore, conclude that the Applicant has demonstrated that it is financially capable of providing telecommunication services as a CLEC, CAP and IXC Carrier.
We conclude that the Applicant has met the requirements for certification as an IXC Carrier, CLEC and CAP5, consistent with this Order. Premised upon our review of the Applications and the proposed tariffs, and consistent with our Orders, the Code, our Regulations and the TA-96, we conclude that the Applicant's proposed services do not raise concerns at this time regarding safety, adequacy, reliability or privacy as contemplated by section 3009(b)(4) of the Code. We note, however deficiencies in the proposed tariffs. See Appendix A.
We shall direct the Applicant to revise the proposed tariffs in accordance with the changes noted in Appendix A of this Order.6 The Applicant shall thereafter file its Initial Tariffs reflecting the requested changes on or before 60 days from the date of entry of this Order. Copies of the Initial Tariffs shall also be served upon the same entities receiving service of the original Applications, including the ILECs. If the time required for resolution and filing exceeds 60 days, the Applicant may request an extension of an additional 60 days with the Commission's Secretary. Thus, if the Initial Tariffs are not filed within 60 days (120 days including the extension) of the entry of this Order, the Applications will be dismissed and the authority granted herein will be revoked without further Commission Order. To the extent that the proposed tariffs contains rates, the Initial Tariffs may become effective on 1 day's notice from the date upon which they are filed and served.
Conclusion
Accordingly, we shall grant the Applications. The Applicant has had provisional authority under our Implementation Order (p. 7, para. B.1.c.4) and our Implementation Reconsideration Order (p. 5) to provide the proposed IXC carrier, CAP and CLEC services pursuant to its proposed tariffs during the pendency of the Application process. Upon the establishment of filed rates and the approval of the Initial Tariffs, a Certificate of Public Convenience shall be issued evidencing the Applicant's authority to provide services as an IXC Carrier, a CLEC in the service territories of Verizon Pennsylvania, Inc., Verizon North, Inc. and Sprint/United Telephone of Pennsylvania, and a CAP, consistent with this Tentative Order and our decisions in the MFS and other proceedings; Therefore,
It Is Ordered That:
1. The Application of Broadview NP Acquisition Corporation d/b/a Broadview Net Plus at Docket No. A-3111188, for authority to operate as a Facilities-based Interexchange Carrier throughout the Commonwealth is hereby tentatively granted, consistent with this Tentative Order.
2. The Application of Broadview NP Acquisition Corporation d/b/a Broadview Net Plus at Docket No. A-3111188F0002, for authority to operate as a Competitive Local Exchange Carrier within the service territories of Verizon Pennsylvania, Inc., Verizon North, Inc. and Sprint/United Telephone of Pennsylvania is hereby tentatively granted, consistent with this Tentative Order.
3. The Application of Broadview NP Acquisition Corporation d/b/a Broadview Net Plus at Docket No. A-311188F0003, for authority to operate as a Competitive Access Provider throughout the Commonwealth of Pennsylvania is hereby tentatively granted, consistent with this Tentative Order.
4. The Applicant comply with Ordering Paragraph No. 3 of our Order entered July 18, 2002, at Docket Nos. A-311188F0004, C-20027825 and A-310097F2000 directing the Applicant to adopt the tariffs of Network Plus, Inc.
5. The Applicant is directed to revise its proposed tariffs to reflect the changes noted in Appendix A of this Order.
6. The Applicant shall file its Initial Tariffs consistent with the requisite changes noted in Appendix A of this Order, within 60 days after the date of entry of this Tentative Order. The Applicant shall serve copies of its Initial Tariffs on each entity receiving a copy of the original Applications. To the extent the Proposed Tariffs contain rates, the Initial Tariffs may become effective on or after 1 day's notice from the date upon which they are filed and served. If the Proposed Tariffs did not contain rates, the Initial Tariffs may not become effective prior to 60 days' notice. The Initial Interexchange Tariff shall be labeled ''Facilities-based Interexchange Reseller Toll Tariff.'' The Initial Competitive Local Exchange Carrier Tariff shall be labeled ''Reseller and Facilities-based Competitive Local Exchange Carrier Tariff.'' The Initial Competitive Access Provider Tariff shall be labeled ''Competitive Access Provider Tariff.''
7. The Applicant shall comply with all the provisions of the Public Utility Code, as now exist or as may be hereafter amended, and with all pertinent rules, regulations and Orders of the Pennsylvania Public Utility Commission, now in effect or as may be prescribed by the Pennsylvania Public Utility Commission, including but not limited to: the MFS Intelenet, et al., Docket Nos. A-310203F0002, et al.; the Universal Service Investigation, Docket No. I-00940035; the Global Order, Docket No. P-00991648, et al.; and the NXX Code Reclamation, Docket No. M-00001373.
8. The authority granted herein, to the extent that it duplicates authority now held by or subsequently granted to the Applicant, shall not be construed as conferring more than one operating right to the Applicant.
9. The Applicant maintains separate accounting systems for each requested authority.
10. The Applicant shall file such affiliated interest agreements as may be necessary relative to any transactions with affiliates.
11. The Applicant contact each county or municipal authority where it intends to provide CLEC telecommunications service and make the necessary arrangements for the provisioning of Emergency 911 service.
12. The Applicant shall make 711 abbreviated dialing available to access Telecommunications Relay Service and to arrange its switching equipment to translate these calls to the assigned toll-free number, (888) 895-1197, to route calls to the Telecommunications Relay Service Provider, in accordance with Commission's Order entered on February 4, 2000, at Docket No. M-00900239.
13. A copy of this Tentative Order be published in the Pennsylvania Bulletin giving the 10 days from the date of publication to file written comment or request oral hearing.
14. Absent the filing of adverse public comment or request for oral hearing within 10 days from the date of publication pursuant to Ordering Paragraph No. 13, this Tentative Order shall become final without further order of the Commission.
15. In the event that the Applicant has not, on or before 60 days (120 days including an approved extension) from the date of entry of this Tentative Order, complied with the requirements set forth herein, the Applications at Docket Nos. A-311188, A-311188F0002 and A-311188F0003 may be dismissed and the authority granted herein revoked without further Commission Order, consistent with Ordering Paragraph Nos. 13 and 14.
16. Upon the establishment of filed rates and the approval of the Initial Tariffs, and upon this Tentative Order becoming final pursuant to the provisions of Ordering Paragraph No. 14, a Certificate of Public Convenience shall be issued authorizing the Applicant to furnish services as a Facilities-based Interexchange Toll Carrier within the Commonwealth of Pennsylvania, as a Competitive Access Provider within the Commonwealth of Pennsylvania and to furnish services as a Reseller and Facilities-based Competitive Local Exchange Services within the service territories of Verizon Pennsylvania, Inc., Verizon North, Inc. and Sprint/United Telephone of Pennsylvania, consistent with this Tentative Order.
JAMES J. MCNULTY,
Secretary
Appendix A
Broadview NP Acquisition Corporation
d/b/a Broadview Net Plus
A-311188; A-311188F0002; A-311188F0003Broadview NP Acquisition Corporation d/b/a Broadview Net Plus (Applicant) has filed the following tariffs for providing telecommunication services in the Commonwealth of Pennsylvania:
1) Facilities-based Interexchange Carrier (Tariff No. 1)
2) Competitive Local Exchange Services (Tariff No. 2)
3) Competitive Access Provider (Tariff No. 3)
The Applicant has also requested approval through the Applications to provide Reseller of Toll Services in Pennsylvania. However, the Applicant did not file a separate tariff to reflect this service or a tariff to reflect Switched Access Services as a Facilities-based Competitive Local Exchange Carrier. It appears that the Applicant should file the following tariffs:
1) Switched Access Services (Tariff No. 4)
2) Reseller of Toll Services (Tariff No. 5)
In addition, the tariffs filed were found to contain certain deficiencies which are discussed below. The Applicant is requested to make the necessary changes as suggested with each of the deficiencies discussed here for the timely approval of the Tariffs.
A-311188 (Facilities-based Interexchange Carrier--Tariff No. 1) 1. Delete references to Resale Service on the title page.
2. Original Page 3--Explanation of Symbols--delete references to symbols M, N, R, and T. In addition, show D as a Decrease in rates.
3. File Tariff Telephone--Pa. P.U.C. No. 5 to provide Reseller of Toll Services. In addition, amend the Application to reflect the request to offer Reseller IXC services.
4. Billing Standards--the tariff should contain a general statement that ''The Company complies with the requirements of Chapter 64 in Title 52 regarding billing standards and practices for residential customers. In instances where sections of this tariff may conflict with Chapter 64 regulations, the regulations in Chapter 64 will prevail''.
5. Original Page 15--Payments and Billing-reference to ''North Office Building, Room B20'' should be deleted and replaced with P. O. Box 3265. In addition, change the phone number to 1-800-782-1110.
6. If Original Page 23 was intentionally left blank, state that on the page.
A-311188 (Competitive Local Exchange Services--Tariff No. 2) 1. File Tariff Telephone--Pa. P.U.C. No. 4 to provide Switched Access Services.
2. Title Page--needs reference to the service territories of the ILECs, i.e. Verizon Pennsylvania, Inc., etc. in which service will be offered. Reference 52 § 53.21.
3. Provide detailed descriptions of all services offered by the carrier.
4. Original Pages 40 and 41--Cancellation by Company-these pages are missing from the tariff. Termination of service by the Company should conform to the guidelines in 52 § 64.71 and 52 § 64.121.
5. Billing Standards--the tariff should contain a general statement that ''The Company complies with the requirements of Chapter 64 in Title 52 regarding billing standards and practices for residential customers. In instances where sections of this tariff may conflict with Chapter 64 regulations, the regulations in Chapter 64 will prevail''.
6. Original Page 38--Payments and Billing-reference to ''North Office Building, Room B20'' should be deleted and replaced with P. O. Box 3265. In addition, change the phone number to 1-800-782-1110.
7. Original Page 74--Link Up America-language must be changed to conform to the attached sample.
8. Original Page 75--Lifeline Service-language must be changed to conform to the attached sample.
9. Original Page 81--Pa. Telecommunications Relay Service-language must be changed to conform to the attached sample.
10. 911-Emergency Service--the tariff must include the 911 tariff language attached.
11. In lieu of exchange maps, provide reference to maps in ILEC tariffs by tariff and section number.
12. IntraLATA Presubscription Plan--carriers are required to provide its subscribers the ability to presubscribe to the carrier of their choice for both interLATA and intraLATA toll services in accordance with PUC Order at Docket No. I-00940034 using language in the attached PTA tariff.
13. Directory Assistance--the carrier must offer its residential customers two (2) free directory assistance calls per month.
14. Restriction of Service--it is the policy of the Commission that carriers do not restrict service to a certain class of customers. This means service must be offered to business as well as residential customers. If residential service is not offered, service should be made available to residential customers at business service rates.
15. Inconsistent Tariff--any tariff language that is inconsistent with any of the provisions of the 52 Pa. Code will be deemed inoperative and suspended. Reference 52 Pa. § 64.213
16. Provide reasons why the following pages are missing from the tariff: 28, 35, 43, 46, 47, 49, 52, 53, 54, 58, 59, 62, 64, 65, 67, 70, 71, 73, 76, 77, 80, 82, 83, 85, 94, 95, 99, 100, 103, 105, 106, 112, and 115.
A-311188F0003 (Competitive Access Provider--
Tariff No. 3)1. Billing Standards--the tariff should contain a general statement that ''The Company complies with the requirements of Chapter 64 in Title 52 regarding billing standards and practices for residential customers. In instances where sections of this tariff may conflict with Chapter 64 regulations, the regulations in Chapter 64 will prevail.
2. Original Page 37--Payments and Billing-reference to ''North Office Building, Room B20'' should be deleted and replaced with P. O. Box 3265. In addition, change the phone number to 1-800-782-1110.
3. Original Page 59--Promotions--change ten (10) days notice to one (1) day notice.
4. Provide reasons why the following pages are missing from the tariff: 6, 9, 12, 14, 25, 33, 34, 36, 38, 42, 44, 46, 49, 51, and 58.
5. Original Page 41 and Original Page 42--Deposits-delete references to residential customers.
6. Original Page 57--Taxes and Surcharges-not applicable to a Competitive Access Provider.
7. Original Page 61 to Original Page 63--Exchanges-Competitive Access Provider authority is generally granted on a state-wide basis. Why are separate exchanges listed?
______1 Market entry requirements, in light of the policy objectives of the TA-96, for telecommunication service providers are set out in In Re: Implementation of the Telecommunications Act of 1996, Docket No. M-00960799 (Implementation Order: June 3, 1996; and Implementation Reconsideration Order: September 9, 1996).
2 See, e.g., MFS, Intelenet, et al., Docket Nos. A-310203, F0002, et al., (October 4, 1995; July 31, 1996: and August 7, 1997); Pa. PUC v. Bell, Docket No. R-00963578: Pa. PUC v. GTE. Docket No. R-0093666, Global Order, Docket Nos. P-00991648 and P-00991649, as well as other CLEC proceedings.
3 Universal Service Invest, Docket No. I-00940035 (January 28, 1997).
4 Blue Ribbon, Docket No. A-310442 (April 25 and August 4, 1997).
5 CAP authority may not be used to access the Public Switched Network or toll calling. If a utility with CAP authority wishes to provide access to the Public Switched Network or to provide local or IXC (intraLATA or interLATA) calling services to its customers, the utility must have been granted CLEC and/or IXC authority by the Commission.
6 Michael Metcalf, (717) 783-6161, is the FUS contact. Regardless of the review process, any tariff provision inconsistent with the provisions of the Code, the TA-96 or our Regulations or Orders will be deemed inoperative and superseded (52 Pa. Code § 64.213).
[Pa.B. Doc. No. 02-1917. Filed for public inspection October 25, 2002, 9:00 a.m.]
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