Consumer Information Energy Telecommunications
Elizabeth S. Jacobs
Nick Wagner
Board Member
Sheila K. Tipton
Board Member

Service Proceeding (SPU)

SPU-2013-0002 (WRU-2013-0004-0272)  Qwest corporation d/b/a CenturyLink QC and Lone Rock Cooperative Telephone Company On January 8, 2013, the parties jointly filed a petition for modification of exchange boundaries pursuant to 199 IAC 22.20(2)“e.”  Specifically, the parties requested that the Board approve the transfer of a certain service territory that was located in CenturyLink’s Whittemore, Iowa, local exchange area to Lone Rock’s Lone Rock, Iowa, local exchange area.  The parties stated that the service area was being transferred to accommodate a new business customer that could more easily and efficiently be served by Lone Rock and that no existing customers would be affected.  On February 4, 2013, the Board issued an order approving changes to the exchange boundary maps.  The Board ordered that revised maps for the Whittemore and Lone Rock exchanges were to be filed with the Board within 30 days of the date of its order.  On February 19, 2013, CenturyLink filed a revised exchange boundary map reflecting the approved change.  Also on February 19, 2013, CenturyLink filed a request for a waiver of 199 IAC 22.20(3)"a," which applied to the scale of the filed map, and asked that the Board accommodate the filing of maps in electronic format.  On March 28, 2013, the Board issued an order granting waiver request.

SPU-2013-0003  Zayo Group, LLC and 360 networks(USA) Inc. On January 18, 2013, the parties filed with the Board a notice of a pro forma merger that would combine 360networks into Zayo, which was the surviving entity.  The parties stated that after the merger, Zayo would provide wholesale telecommunications in Iowa pursuant to an "Order in Lieu of Certificate" that was issued to 360networks on April 20, 2009, in Docket No. SPU-2009-0002.  The parties also stated there would not be any changes to the services received by customers, including rates, terms, and conditions of service as a result of the merger and that the transaction would be seamless and virtually transparent to customers.  On February 7, 2013, the Office of Consumer Advocate filed an objection to the parties’ notice.  The OCA stated that it was unclear from the notice if the services previously provided by 360networks would be expanded in Iowa by Zayo under the "Order in Lieu of Certificate." The OCA also stated that the Board no longer issues "Orders in Lieu of Certificate" to wholesale carriers in Iowa and that any public policy rationale for refusing to grant such orders should be equally applicable to transferring such an order to a new corporate entity.  On March 19, 2013, the Board issued an order accepting the notice of merger and authorizing the transfer of “Order in Lieu of Certificate.”

SPU-2013-0006 (TF-2013-0057)  Access 2go, Inc. On April 17, 2013, Access2go filed a notice of corporate name change to Stratus Networks, Inc.  Access2go was a competitive local exchange carrier with a service certificate.  In the April 17 filing, Access2go included documentation of the corporate name changes made with the Iowa Secretary of State.  The applicant also filed revisions to its local exchange tariff to effectuate the name change.  On June 17, 2013, the Board issued an order approving the corporate name change, approving the tariff, and issuing an amended certificate.

SPU-2013-0007  BG Enterprises, Inc. On April 24, 2013, BG Enterprises filed a notice stating that it closed its business in Iowa on December 30, 2012, and asked the Board to cancel its certificate and withdraw its existing tariff.  There were no Iowa customers.  On May 24, 2013, the Board issued an order canceling the certificate and approving withdrawal of the existing tariff.

SPU-2013-0008  dishNet Wireline L.L.C. On May 1, 2013, dishNet Wireline filed a notice of its intra-corporate reorganization, which occurred on January 1, 2013.  DishNet stated that this change would rearrange the intermediary holding companies in the corporate ownership chain with no resulting material impact to dishNet and its operations in Iowa.  Further, dishNet stated that the effects of the reorganization were transparent to dishNet customers.  On May 28, 2013, the Board issued an approval letter to the notification filed by dishNet.

SPU-2013-0009  Globalcom, Inc. d/b/a First Communications and First Communications, L.L.C. On May 1, 2013, Globalcom and First Communications filed a notice of the proposed merger of Global into First Communications.  The parties stated that this intra-corporate pro forma transaction would not change the ultimate ownership of the parties.  On May 28, 2013, Board issued an approval letter to the notification.  On August 9, 2013, Globalcom and First Communications notified the Board the merger had been completed on July 31, 2013.

SPU-2013-0010   Windstream Iowa Communications, Inc., Windstream Montezuma, Inc., Windstream Nebraska, Inc., and Windstream Corporation On May 1, 2013, the Windstream entities submitted a Notice of Proposed Intra-Corporate Restructuring.  The proposal would insert a new holding corporation, Windstream Holdings, Inc., into the corporate ownership chain above Windstream Corporation.  The reorganization would allow for greater flexibility for future equity and debt transactions.  No Board action was necessitated by this filing.

SPU-2013-0011  TNCI Operating Company LLC and Trans National Communications International, Inc. On May 7, 2013, TNCI and Trans National filed a joint application for approval of discontinuance of local exchange telecommunication service and a transfer of certificate.  TNCI was to acquire the assets of Trans National, including customer accounts and contracts.  On June 6, 2013, the Board issued an order docketing the matter for further investigation.  The order allowed for a proper evaluation of TNCI’s financial, technical, and managerial ability.  On August 9, 2013, the Board issued two orders.  The first one, Order Approving Discontinuance of Service and Granting of Waiver, approved the request for discontinuance of service and transfer of certificate.  The second order, Order Approving Discontinuance of Service and Granting Waiver, would transfer Trans National’s certificate to TNCI upon the withdrawal of Trans National’s tariff and the approval of TNCI’s tariff.  The withdrawal of tariffs occurred on September 3, 2013, and a notice of customer transfer occurred on December 17, 2013.

SPU-2013-0014  Clear Lake Independent Telephone Company, Inc. On June 12, 2013, Clear Lake filed a request for expedited treatment of its notice to discontinue local exchange telecommunications service to certain end-user customers in Iowa.  Clear Lake was converting to a full fiber network and its copper facilities were being decommissioned.  On June 14, 2013, the Board issued an order requesting response.  The order allowed the end users to submit comments about the proposal.  Timely responses were submitted by two customers and a third was reached by phone.  The Board issued its order docketing the matter for further investigation on July 11, 2013.  After an investigation, the Board issued an order granting request to discontinue service and requiring filing on August 23, 2013.  Discontinuance was granted, effective August 30, 2013.  Clear Lake submitted its response to two customers on September 4, 2013.

SPU-2013-0016  Ionex Communications North, Inc. d/b/a Birch Communications and Ernest Communications, Inc. On July 24, 2013, Ionex and Ernest filed a notification of transfer of customers and assets.  The parties requested that the Board approve the transfer of Ernest's customer base from Ernest to Ionex.  On August 23, 2013, the Board issued an order approving the transfer of customers.

SPU-2013-0018  Ionex Communications North, Inc. d/b/a Birch Communications, Inc. and Lightyear Network Solutions, LLC On August 14, 2013, Birch and Lightyear filed a joint petition requesting a discontinuance of telecommunications local exchange service in Iowa and a transfer of customers.  An asset purchase agreement had been entered that would transfer the customers of Lightyear, and certain assets, to Birch on or around September 15, 2013.  Lightyear would no longer offer telecommunications services in Iowa.  On September 12, 2013, the Board issued an order approving the transfer of customers.  The order also required Lightyear to file a request to cancel its certificate and withdraw its existing tariffs within 30 days of the asset transfer.

SPU-2013-0020 (WRU-2013-0024-3860)  Internet Solver, Inc. and Alliance Connect, LLC On October 11, 2013, the applicants filed a joint application for Board approval of a transfer of customers and assets from Internet Solver to Alliance Connect, in accordance with Iowa Code §§ 476.20 and 476.29(3) and 199 IAC 7.1(6) and 22.23(2)“e.”  The applicants also requested a waiver of the requirement that Internet Solver notify the Board and the Office of Consumer Advocate at least 90 days prior to the proposed date of discontinuance, to the extent such notification requirement in 199 IAC 22.16 was applicable to this transaction.  On November 8, 2013, the Board issued an order approving the discontinuance of service and granting a waiver.

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