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TO: Patrick "Cody" Morgan
2-Infinity.Com, Inc.
4828 Loop Central Dr., Suite 150
Houston, Texas 77081
Office of Regulatory Affairs - Telecommunications Industry Analysis
Office of Regulatory Affairs - Legal
RE: DOCKET NO. 22453 - APPLICATION OF PHONE CITY FOR AN AMENDMENT TO ITS
SERVICE PROVIDER CERTIFICATE OF OPERATING AUTHORITY
NOTICE OF APPROVAL
This Notice approves the application of Phone City (the Applicant)
filed on May 10, 2000, (1) for an amendment to its service provider
certificate of operating authority (SPCOA) to (1) reflect a change in
ownership and control to 2- Infinity.com; (2) change the name on the
certificate to 2-Infinity.com, Inc.; (3) revise the geographic scope to
include the entire state of Texas; and (4) remove the resale-only
restriction. The docket was processed in accordance with applicable statutes
and Commission rules. The Commission provided notice of the application to
interested parties. More than 30 days have passed since the completion of
notice. No protests, motions to intervene, or requests for hearing were
filed. The Applicant and the Commission's Office of Regulatory Affairs (ORA)
are the only parties to the proceeding. ORA recommends approval of the
application, as amended. The application, as amended, is hereby approved.
STATUTORY FINDINGS
1. The application complies with PURA Section 54.154(b).
2. The Applicant is entitled to approval of this application,
having demonstrated the financial and technical qualifications
to provide the proposed services, and the ability to provide
the necessary quality of service to its customers, as required
by PURA Sections 54.154(b) and 54.155(b).
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(1) The Applicant originally filed an application for an amendment to
its SPCOA on April 24, 2000. Because the filing was substantially incomplete, a
new filing was required. Therefore, May 10, 2000, is considered the date of
filing although the record contains filings that are prior to May 10, 2000.
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3. The Applicant is not precluded from providing service under an
SPCOA by PURA Sections 54.201 or 54.152.
4. The Applicant is currently authorized to provide resold-only
telecommunications services for all incumbent local exchange
carriers currently serving the Houston Local Access and
Transport Area within the state of Texas (authorized service
area).
5. The Applicant requests to amend its SPCOA to (1) reflect a
change in ownership and control to 2- Infinity.com; (2) change
the name on the certificate to 2-Infinity.com, Inc.; (3)
revise the geographic scope to include the entire state of
Texas; and (4) remove the resale-only restriction (proposed
services).
6. The Applicant is a Texas C-corporation formed on August 7,
1998, with authority to transact business in the state of
Texas as Afaneh, Inc., d/b/a Phone City. 2-Infinity.com is a
Colorado corporation formed on June 14, 1995, with authority
to transact business in the state of Texas.
7. 2-Infinity.com, Inc. has no parent company or affiliated
companies that are public utilities or that are providing
telecommunications services.
8. The Applicant is currently authorized to provide
telecommunications services in Texas as a result of its SPCOA
No. 60225.
9. The Applicant nor any affiliate has ever had any permit,
license, or certificate denied or revoked by any state.
10. The Applicant currently provides local exchange services in
Texas.
COMPLAINT HISTORY
1. The Commission's Office of Customer Protection and the Office
of the Texas Attorney General reported no complaints
registered against the Applicant or its affiliates.
2. The Texas Comptroller's Office did not respond to the
Commission's compliance inquiry. The Applicant indicated
through its responses to the Commission's Service Quality
Questionnaire that it will meet the quality of service
standards.
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ORDERING PARAGRAPHS
1. The application of Phone City to amend its resold-only service
provider certificate of operating authority (SPCOA) No. 60225
is approved. Phone City's SPCOA No. 60225 is amended to (1)
reflect a change in ownership and control to 2-Infinity.com;
(2) change the name on its certificate to 2-Infinity.com; (3)
revise the geographic scope to include the entire state of
Texas; and (4) remove the resale-only restriction.
2. The Applicant shall be bound by requirements of P.U.C. SUBST.
R. 26.111. Service under this certificate shall be provided
exclusively in the name under which the certificate was
granted by the Commission.
3. The Applicant shall comply with pertinent provisions of the
federal Telecommunications Act of 1996, (2) including the
procedural requirements of FTA Sections 251 (f)(1)(B), when
seeking interconnection, services, or network elements from a
rural telephone company.
4. The Applicant shall provide a copy of its application and/or
the Commission's Notice of Approval, in accordance with the
individual entities requirements, to all affected 9-1-1
entities prior to providing service to those entities.
5. The Applicant shall file any future changes in address,
contact representative, and/or telephone numbers in Project
Number 19421, NOTIFICATION OF CHANGES IN ADDRESS, CONTACT
REPRESENTATIVE AND/OR TELEPHONE NUMBERS, PURSUANT TO P.U.C.
SUBST. R. 26.107.
6. The Applicant's provision of local telephone service to
end-users, whether by its own facilities, flat- rate resale,
or usage sensitive loop, must also include "9-1-1" emergency
telephone service at a level required by the applicable
regional plan followed by local telephone service providers
under Chapters 771 and 772 of the TEXAS HEALTH AND SAFETY
CODE, TEX. HEALTH & SAFETY CODE ANN. Section 771.001 ET. SEQ.
(Vernon 1998 & Supp. 2000) (the Code) or other applicable law,
and any applicable rules and regulations implementing those
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(2) Pub. L. No. 104-104, 110 Stat. 56 (codified as amended in
scattered sections of 15 and 47 U.S.C.)(FTA).
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chapters. The Applicant shall diligently work with the
Advisory Commission on State Emergency Communications, local
"9-1-1" entities, and any other agencies or entities
authorized by Chapters 771 and 772 of the Code to ensure that
all "9-1-1" emergency services, whether provided through the
certificate holder's own facilities, flat-rate resale, or
usage sensitive loop, are provided in a manner consistent
with the applicable regional plan followed by local telephone
service providers under Chapters 71 or 772 of the Code or
other applicable law and any applicable rules and regulations
implementing those chapters. The Applicant shall diligently
work with the "9-1-1" entities to pursue, in good faith, the
mutually agreed goal that the local "9-1-1" entities and
emergency service providers experience no increase in their
current level of rates and, to the extent technically
feasible, no degradation in services as a result of the
certification granted herein and the involvement of the
certificate holder in the provision of "9-1-1" emergency
service.
7. The Applicant has committed to and is bound by the quality of
service requirements set forth in the Quality of Service
Questionnaire. The underlying incumbent local exchange
companies (ILECs) continue to be bound by the quality of
service requirements contained in P.U.C. SUBST. R. 26.54.
Approval of the SPCOA application does not expand the scope of
the underlying ILEC's obligation to its own customers.
8. All other motions, requests for entry of specific findings of
fact and conclusions of law, and any other requests for
general or specific relief, if not expressly granted herein,
are hereby denied for want of merit.
SIGNED AT AUSTIN, TEXAS THE 31 DAY OF AUGUST, 2000.
PUBLIC UTILITY COMMISSION OF TEXAS
/s/ Marlene R. Dodson
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MELENE R. DODSON
ADMINISTRATIVE LAW JUDGE
OFFICE OF POLICY DEVELOPMENT
