CPUC denies IT&E’s requests to rehear GTA application

The Commonwealth Public Utilities Commission has denied the requests and claims of IT&E regarding the application and entry of the GTA Services LLC in the Commonwealth.

IT&E filed a request for rehearing of the CPUC order which issued a certificate of public convenience and necessity to GTA in November, and also disputed that GTA did not make a bona fide request for the interconnection services.

Lone commissioner Viola Alepuyo, in two separate orders issued on Jan. 28, denied these appeals to both issues.

“Under Commonwealth law, the certification process centers on whether the issuance of certificate of public convenience and necessity is in the public interest. What is consistent with the public interest is primarily an administrative question, which is peculiarly within the commission’s sound discretion. Administrative notice is taken of the Commonwealth legislature’s resolution that GTA’s certification is in the public interest,” Alepuyo stated in her order.

The CPUC chair also ruled that IT&E’s private economic interest in preserving and protecting its status as the sole provider of local exchange telephone services in the CNMI is not relevant to the public interest and gives IT&E no special right, standing or status, in this proceeding.

In its request for rehearing, Alepuyo’s order stated that IT&E has made a provocatively false claim that the certification process was conducted with an utter lack of transparency, citing the various schedules and notices pertaining to GTA application process. Alepuyo disclosed that IT&E failed to timely file comments in response to these public notices, and therefore denied the said rehearing request. Because of this CPUC decision, GTA is permitted to proceed with the phase 2 activities of its application.

On the issue whether GTA filed a bona fide request for interconnection services, Alepuyo ruled that the company’s request constitutes a bona fide request which under the law is a prerequisite for the inquiry to proceed.

IT&E claimed that GTA’s request was not bona fide because when made on Aug. 29, 2011 GTA did not yet possess authority to provide intrastate service in the CNMI. It was only in November when the CPUC approved a certificate of public convenience and necessity to GTA which authorized the company to provide, resold and facilities-based competitive local exchange services within the Commonwealth. IT&E asserted that GTA needed this certification before its request would be considered bonafide.

Alepuyo, however, has ruled to stay the 120-day timeline, which under federal law the inquiry must be completed by CPUC, pending the reestablishment of a quorum. CPUC stopped its function on Jan. 30 due to lack of commissioners.