EXHIBIT 10.15 ORDER GRANTING A CERTIFICATE TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES
Decision No. C98-397
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 98A-101T
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IN THE MATTER OF THE APPLICATION OF ROCKY MOUNTAIN BROADBAND, INC., REQUESTING A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICE, PRIVATE LINE TELECOMMUNICATIONS SERVICES, SWITCHED
ACCESS SERVICE, INTRALATA TOLL AND ADVANCED REATURES, AND ITS NOTICE OF INTENT
TO EXERCISE OPERATING AUTHORITY.
________________________________________________________________________________
ORDER GRANTING A CERTIFICATE TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES, CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY TO PROVIDE EMERGING COMPETITIVE (PART 3)
TELECOMMUNICATIONS SERVICES
________________________________________________________________________________
Mailed Date: April 28, 1998
Adopted Date: April 22, 1998
I. BY THE COMMISSION
A. STATEMENT AND FINDINGS OF FACT
1. On March 9, 1998, Rocky Mountain Broadband, Inc. ("RMB"),
Filed a combined application for a Certificate to Provide Local Exchange
Telecommunications Services ("CPLE") on both a resale and a facilities-owned
basis throughout the State of Colorado in which US WEST Communications, Inc.
("US WEST"), is currently certified to provide local exchange telecommunications
services (maps provided). Collectively, the CPLE and the Notice of Intent to
Exercise Operating Authority, when approved, will result in the issuance of a
Certificate of Public convenience and Necessity to provide Local Exchange
Telecommunications services ("CPCN"). Additionally, RMB's combined application
included a request for a Certificate of Public convenience and Necessity to
Provide the following Emerging Competitive
(Part 3) Telecommunications Services throughout the entire Sate of Colorado:
Switched Access; IntraLATA Toll and Private Line telecommunications services.
2. On March 16, 1998, the Commission issued a Notice of Application
Filed and Notice of Hearing providing notice to all interested parties that this
application had been filed. Interventions were due on or before April 15, 1998.
3. On April 15, 1998, US West, pursuant to Rule 64 (a) of 4 CODE OF
COLORADO REGULATIONS ("CCR") 723-1, filed its Entry of Appearance and Notice of
Intervention in this application. No other party petitioned to intervene.
B. DISCUSSION
1. Pursuant to S 40-6-109 (5), C.R.S., the Commission finds that
this matter may be considered without a hearing.
2. US West, in its intervention, states that "...if the Commission
were to grant RMB's application with the provision that RMB is obligated to 1)
offer service to all customers on a non-discriminatory basis and to 2) comply
with all applicable statutes and Commission regulations governing
telecommunications providers, consistent with previous Commission decisions
granting certificates to provide local exchange telecommunications services, US
West would not be opposed to the granting of the application without the need
for a hearing." The Commission will grant the CPCN in accordance with US West's
statement. Therefore, the application is unopposed.
3. Consistent with terms and conditions established in previous
Commission decisions, RMB will be required to participate in the Colorado High
Cost Fund, the Telecommunications Relay Services for the Disabled Telephone
Users Program, the Emergency Telephone Access Act Program, and other financial
support mechanisms that may be created in the future by the Commission to
implement SS 40-15-502 (4) and (5), C.R.S. RMB further acknowledges that prior
to providing local exchange telecommunications services it must: (1) have on
file with the Commission, effective tariffs or price lists for its services; and
(2) comply with all Commission rules and orders applicable to the provision of
local exchange telecommunications services unless it has obtained a waiver.
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4. Additionally, in accordance with Rule 25 (c) of the Commission's
Rules of Practice and Procedure, 4 CCR 723-1, RMB will be required to maintain
its books of accounts and records using Generally Accepted Accounting
Principles.
5. Granting RMB a CPCN and emerging competitive telecommunications
services is consistent with the legislative statements of policy contained in SS
40-15-101, and 40-15-502, C.R.S.
II. ORDERS
A. THE COMMISSION ORDERS THAT:
1. Rocky Mountain Broadband, Inc.'s combined application for a
Certificate to Provide Local Exchange Telecommunications Services, Notice of
Intent to Exercise Operating Authority, and its application for a Certificate to
provide Local Exchange Telecommunications Services, Notice of Intent to Exercise
Operating Authority, and its application for a Certificate of Public Convenience
and Necessity to provide Emerging Competitive Telecommunications Services is
deemed complete.
2. Rocky Mountain Broadband, Inc., is granted a Certificate to
Provide Local Exchange Telecommunications Services on both a resale and
facilities-owned basis throughout the entire State of Colorado.
3. Rocky Mountain Broadband, Inc., is granted a Certificate of
Public convenience and Necessity to provide local exchange telecommunications
services on both a resale and facilities-owned basis, throughout those portions
of the State of Colorado in which US West Communications, Inc., is currently
certified to provide local exchange telecommunications services. A detailed
description of this geographic area has been delineated in the local exchange
maps that were submitted as part of the application.
4. For Rocky Mountain Broadband, Inc.'s local exchange
telecommunications services provided on a facilities-owned basis, Rocky Mountain
Broadband, Inc., shall have the obligation to serve all customers in its service
territory on a nondiscriminatory basis only in areas in which it has such
facilities. Specifically, Rocky Mountain Broadband, Inc., shall not be allowed
to refuse service to a qualified customer, that is,
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a customer that has the ability to pay for the service. For clarification,
"service territory" shall be defined as that portion of Colorado included in the
exchange maps provided as part of the application. Further, as a condition of
this certificate and operating authority, Rocky Mountain Broadband, Inc., shall
be required to provide local exchange telecommunications services to residential
and business customers in compliance with S 40-15-502 (3) (b) (I), C.R.S.
5. For Rocky Mountain Broadband, Inc.'s local exchange
telecommunications services provided on a resale basis, Rocky Mountain
Broadband, Inc., shall have the territory on a nondiscriminatory basis.
Specifically, Rocky Mountain Broadband, Inc., shall not be allowed to refuse
service to a qualified customer, that is, a customer that has the ability to pay
for the service. For clarification, "service territory" shall be defined as
that portion of Colorado included in the exchange maps provided as part of the
application. Further, as a condition of this certificate and operating
authority, Rocky Mountain Broadband, Inc., shall be required to provide local
exchange telecommunications services to residential and business customers in
compliance with S 40-15-502 (3) (b) (I), C.R.S. However, Rocky Mountain
Broadband, Inc., shall not be required to extend service to customers where the
underlying facilities-based provider has no facilities.
6. As a provider of local exchange telecommunications services,
Rocky Mountain Broadband, Inc., is reminded of the timeframes specified at Rule
9, 4 CODE OF COLORADO REGULATIONS 723-35 regarding failure of a provider to
provide service to customers in its operating area within the following time
after the grant of operating authority, unless the Commission orders otherwise:
not more than three years if the entity is a reseller and not more than five
years if the entity is a facilities-based carrier.
7. Rocky Mountain Broadband, Inc., is also granted a Certificate of
Public Convenience and Necessity to Provide Emerging Competitive
Telecommunications Services consisting of; IntraLATA Toll; Switched Access; and
Private Line Telecommunications Services to customers throughout the entire
State of Colorado.
8. Rocky Mountain Broadband, Inc., is required to file applicable
tariffs to provide emerging competitive telecommunications services within 30
days of the
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effective date of this Order. For good cause shown, and if a proper request is
filed within 30 days of the effective date of this Decision and Order, the
Commission may grant Rocky Mountain Broadband, Inc., additional time within
which to file tariffs and price lists, if applicable. Further, for facilities-
based emerging competitive telecommunications services, Rocky Mountain
Broadband, Inc., is required to file tariffs to implement these services within
three years of the effective date of this Decision and Order.
9. The hearing in this matter scheduled for June 16, 1998 at 9:00am
is vacated.
10. This Order is effective on its Mailed Date.
B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING April 22, 1998.
THE PUBLIC UTILITIES COMMISION
OF THE STATE OF COLORADO
ROBERT J. HIX
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R. BRENT ALDERFER
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Commissioners
COMMISSIONER VINCENT MAJKOWSKI ABSENT
(Seal State of Colorado)
ATTEST: A TRUE COPY
/S/ Bruce N. Smith
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Bruce N. Smith
Director
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