20041013Notice of Application Order No 29615.pdf

Office of the Secretary
Service Date
October 13 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION CASE NO. ACC-O4-
OF ACCERIS COMMUNICATIONS CORP.
FOR A CERTIFICATE OF PUBLIC NOTICE OF APPLICATION
CO NVENIEN CE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE NOTICE OF
TELECOMMUNICATIONS SERVICES.MODIFIED PROCEDURE
ORDER NO. 29615
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on June 7, 2004, Acceris Communications
Corp. ("Acceris" or "Company ) filed an Application for a Certificate of Public Convenience
and Necessity to provide local exchange telecommunications services to customers throughout
Idaho. Principally located in San Diego, California, Acceris is incorporated in Delaware and is
authorized to do business as a foreign corporation in the State of Idaho.
YOU ARE FURTHER NOTIFIED that Acceris proposes to provide resold and
facilities-based local exchange services via unbundled network element platforms (UNE-P).
Such services will be provided by utilizing the facilities of incumbent local exchange carriers
LECs
):
Qwest North Qwest South, and Verizon. Acceris has no current plans to install
facilities in Idaho but may do so in the future; however, the nature and extent of the facilities to
be utilized has not yet been determined.
YOU ARE FURTHER NOTIFIED that Acceris intends to provide all forms
intrastate interexchange telecommunications services, including: 1 + and 101 XXXX outbound
dialing, 800/888 toll-free inbound dialing, prepaid and postpaid calling cards, directory
assistance, and frame relay and other data services. Acceris also intends to provide all forms of
intrastate local exchange telecommunications services that will allow business and residential
customers to utilize: local calling in the local calling area served by other LECs, including local
dial tone and custom calling features; switched local exchange services; non-switch local
services; Centrex and/or Centrex-like services; and digital subscriber line, ISDN, and other high
capacity line services.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29615
YOU ARE FURTHER NOTIFIED that Acceris seeks authority to resell and provide
facilities-based/UNE-P interexchange and local exchange services initially throughout the State
where provided by incumbent LECs. However, Acceris does not intend to service areas serviced
by any LECs which are eligible for a small or rural carrier exemption pursuant to Section 251 of
the federal Telecom Act of 1996.
YOU ARE FURTHER NOTIFIED that Acceris intends to provide service upon
certification and finalization of interconnection agreements with the LECs. According to its
Application, Acceris has initiated interconnection negotiations with Qwest.
YOU ARE FURTHER NOTIFIED that Acceris has reviewed the Commission
rules applicable to local exchange service providers in Idaho and agrees to provide service in
accordance with all laws, rules and regulations to the extent they are not preempted by the
federal Act. Acceris will not require advance payments or deposits; therefore, no escrow account
is being filed in this Application.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission s Rules
of Procedure, IDAP A 31.01.01.201 through .204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within 21
days of the service date of this Order. The comment must contain a statement of reasons
supporting the comment. Persons desiring a hearing must specifically request a hearing in their
written comments.Written comments concerning this Application shall be mailed to the
Commission and the Applicant at the addresses reflected below:
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Lance J .M. Steinhart
Lance J.M. Steinhart, P.
1720 Windward Concourse, Suite 250
Alpharetta, GA 30005
Email: Isteinhart~telecomcounse1. com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29615
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission s home page located at www.puc.state.id.. Click the "Comments and Questions
icon, and complete the comment form, using the case number as it appears on the front of this
document. These comments must also be sent to the Applicant at the e-mail address listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set, the Commission will consider this matter on its merits and
enter its Order without a formal hearing. If written comments are received within the time limit
set, the Commission will consider them and, in its discretion, may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application together with supporting
workpapers, testimonies and exhibits, have been filed with the Commission and are available for
public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Titles 61 and 62 of the Idaho Code and that the
Commission may enter any final Order consistent with its authority under the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAP A 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that the Application of Acceris Communications Corp.
for a Certificate of Public Convenience and Necessity be processed by Modified Procedure
IDAPA 31.01.01.201-204. Persons interested in submitting written comments in this matter
must do so no later than 21 days from the service date of this Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29615
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
/~-fI..
day of October 2004.
, PRESIDENT
JJ~
MARSHA H. SMITH, COMMISSIONER
IS S. HANSEN, COMMISSIONER
ATTEST:
J 'Jewell
ission Secretary
O:ACCT040I In
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29615