S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *
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1 S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the application of ) VERIZON ADVANCED DATA INC. for the ) issuance of a license to provide resold and ) facilities based switched local exchange ) Case No. telecommunications services throughout the ) state of Michigan. ) ) At the October 24, 2000 meeting of the Michigan Public Service Commission in Lansing, Michigan. PRESENT: Hon. John G. Strand, Chairman Hon. David A. Svanda, Hon. Robert B. Nelson, OPINION AND ORDER On June 29, 2000, Bell Atlantic Network Data, Inc., (BAND) filed an application, pursuant to the Michigan Telecommunications Act, MCL et seq.; MSA (101) et seq., for a license to provide basic local exchange service in all exchanges in Michigan. On August 23, 2000, BAND filed an amended application to reflect its change of name to Verizon Advanced Data Inc. and its decision to seek a license to provide service only within those exchanges currently served by Verizon North Inc. and Contel of the South, Inc., d/b/a Verizon North Systems. At a hearing on September 26, 2000, Verizon Advanced Data presented the testimony and exhibits of Thomas A. Kiernan, its Director of Regulatory Affairs. The testimony of Marjorie J. Wilder of the Competitive Services Section of the Commission s Communications Division was
2 also admitted into the record. Ms. Wilder indicated that if the Commission grants the application, it should acknowledge certain regulatory requirements specified in the Michigan Telecommunications Act. At the close of the hearing, the parties waived compliance with the provisions of Section 81 of the Michigan Administrative Procedures Act, MCL ; MSA 3.560(181). After a review of the application and testimony, the Commission finds that approval of the application is in the public interest. On numerous occasions, the Commission has found that competition can be advantageous to the citizens of this state. Approval of the request for a license to provide basic local exchange service will expand the opportunities for competition. Accordingly, the application should be approved. The grant of a license is conditioned on compliance with the anti-slamming procedures adopted in Case No. U Failure to comply fully with those procedures may result in revocation of the license or other penalties. Further, the grant of a license is conditioned upon the provision of service to customers within a reasonable time. Failure to do so may result in revocation of the license. Although the Commission approves the application, it notes that Verizon Advanced Data amended its application to greatly reduce the geographic scope of its service territory. This reduction will limit Verizon Advanced Data operations to only the territory served by the former GTE Corporation. The Commission also notes that the provision of this service is a condition of the approval granted by the Federal Communications Commission (FCC) for the merger between Bell Atlantic Corporation and GTE Corporation. Therefore, the Commission will forward a copy of this order to the FCC to make that agency fully aware of the reduced geographic area in which Verizon Advanced Data now proposes to offer service and that Verizon is disengaging from competitive activities in other providers service territories. Page 2
3 The Commission FINDS that: a. Jurisdiction is pursuant to 1991 PA 179, as amended, MCL et seq.; MSA (101) et seq.; 1969 PA 306, as amended, MCL et seq.; MSA 3.560(101) et seq.; and the Commission s Rules of Practice and Procedure, as amended, 1992 AACS, R et seq. b. Verizon Advanced Data possesses sufficient technical, financial, and managerial resources and abilities to provide basic local exchange service to all residential and commercial customers within the geographic area of the license and intends to provide service within one year from the date of this order. c. Granting Verizon Advanced Data a license to provide basic local exchange service in the requested areas will not be contrary to the public interest. d. A copy of this order should be forwarded to the FCC. THEREFORE, IT IS ORDERED that: A. Verizon Advanced Data Inc. is granted a license to provide basic local exchange service in all exchanges currently served by Verizon North Inc. and Contel of the South, Inc., d/b/a Verizon North Systems. B. Verizon Advanced Data Inc. shall provide basic local exchange service in accordance with the regulatory requirements specified in the Michigan Telecommunications Act, MCL et seq.; MSA (101) et seq., and the anti-slamming procedures adopted in Case No. U Page 3
4 C. Before commencing basic local exchange service, Verizon Advanced Data Inc. shall submit its tariff reflecting the services that it will offer and identifying the exchanges in which it will offer service. D. A copy of this order shall be forwarded to the Federal Communications Commission. The Commission reserves jurisdiction and may issue further orders as necessary. Any party desiring to appeal this order must do so in the appropriate court within 30 days after issuance and notice of this order, pursuant to MCL ; MSA MICHIGAN PUBLIC SERVICE COMMISSION ( S E A L ) /s/ John G. Strand Chairman /s/ David A. Svanda By its action of October 24, /s/ Robert B. Nelson /s/ Dorothy Wideman Its Executive Secretary Page 4
5 C. Before commencing basic local exchange service, Verizon Advanced Data Inc. shall submit its tariff reflecting the services that it will offer and identifying the exchanges in which it will offer service. D. A copy of this order shall be forwarded to the Federal Communications Commission. The Commission reserves jurisdiction and may issue further orders as necessary. Any party desiring to appeal this order must do so in the appropriate court within 30 days after issuance and notice of this order, pursuant to MCL ; MSA MICHIGAN PUBLIC SERVICE COMMISSION Chairman By its action of October 24, Its Executive Secretary Page 5
6 In the matter of the application of ) VERIZON ADVANCED DATA INC. for the ) issuance of a license to provide resold and ) facilities based switched local exchange ) Case No. telecommunications services throughout the ) state of Michigan. ) ) Suggested Minute: Adopt and issue order dated October 24, 2000 granting Verizon Advanced Data Inc. a license to provide basic local exchange service, as set forth in the order.
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