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 ) VOIP TELECOM, LLC, for a temporary and ) permanent license to provide basic local exchange ) service in the zones and exchanges currently served ) Case No. by AT&T Michigan and Verizon North Inc. and ) Contel of the South, Inc., d/b/a Verizon North ) Systems. ) ) At the December 12, 2006 meeting of the Michigan Public Service Commission in Lansing, Michigan. PRESENT: Hon. J. Peter Lark, Chairman Hon. Laura Chappelle, Hon. Monica Martinez, OPINION AND ORDER On July 14, 2006, VoIP Telecom, LLC (VoIP), filed an application, pursuant to the Michigan Telecommunications Act (MTA), MCL et seq., for a license to provide basic local exchange service throughout the State of Michigan in the zone and exchange areas in which AT&T Michigan and Verizon North Inc. and Contel of the South, Inc., d/b/a Verizon North Systems, are the incumbent local exchange carriers. VoIP was granted a temporary license on October 24, At a hearing on November 14, 2006, VoIP presented the testimony and exhibits of Krista Crocker, President. At the close of the hearing, the parties waived compliance with the provisions of Section 81 of the Michigan Administrative Procedures Act, MCL
2 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 full compliance with the provisions of the MTA, as well as the anti-slamming procedures adopted in Case No. U and the number reclamation process adopted in Case No. U Failure to comply fully 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. Finally, the Commission notes that any numbers obtained by the applicant are a public resource and are not owned by the applicant. Consequently, if the applicant fails to provide service or goes out of business, any numbers assigned to it are subject to reclamation. The Commission FINDS that: a. Jurisdiction is pursuant to 1991 PA 179, as amended, MCL et seq.; 1969 PA 306, as amended, MCL et seq.; and the Commission s Rules of Practice and Procedure, as amended, 1999 AC, R et seq. b. VoIP 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 VoIP a license to provide basic local exchange service in the requested areas will not be contrary to the public interest. Page 2
3 THEREFORE, IT IS ORDERED that: A. VoIP Telecom, LLC, is granted a license to provide basic local exchange service throughout the State of Michigan in the zone and exchange areas in which AT&T Michigan and Verizon North Inc. and Contel of the South, Inc., d/b/a Verizon North Systems, are the incumbent local exchange carriers. B. VoIP Telecom, LLC, shall provide basic local exchange service in accordance with the regulatory requirements specified in the Michigan Telecommunications Act, MCL et seq., including the number portability provisions of Section 358, the anti-slamming procedures adopted in Case No. U-11900, and the number reclamation process adopted in Case No. U C. Before commencing basic local exchange service, VoIP Telecom, LLC, shall submit its tariff reflecting the services that it will offer and identifying the exchanges in which it will offer service. The Commission reserves jurisdiction and may issue further orders as necessary. Page 3
4 Any party desiring to appeal this order must do so by the filing of a claim of appeal in the Michigan Court of Appeals within 30 days of the issuance of this order, pursuant to MCL (12). MICHIGAN PUBLIC SERVICE COMMISSION ( S E A L) /s/ J. Peter Lark Chairman /s/ Laura Chappelle By its action of December 12, /s/ Monica Martinez /s/ Mary Jo Kunkle Its Executive Secretary Page 4
5 Any party desiring to appeal this order must do so by the filing of a claim of appeal in the Michigan Court of Appeals within 30 days of the issuance of this order, pursuant to MCL (12). MICHIGAN PUBLIC SERVICE COMMISSION Chairman By its action of December 12, Its Executive Secretary Page 5
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