19970910Motion to Dismiss Application.doc

BRAD PURDY
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
PO Box 83720
Boise, ID 83720-0074
Tele: [phone]
FAX: [phone]

Street Address for Express Mail:

472 W Washington
Boise, ID 83702-5983

Attorney for the Commission Staff

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF ATLAS COMMUNICATIONS, LTD. FOR AUTHORITY TO OPERATE AS A LOCAL EXCHANGE CARRIER IN THE STATE OF IDAHO.
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CASE NO. ACMT971

STAFFS MOTION TO DISMISS APPLICATION

COMES now the Commission Staff, by and through its attorney of record, Brad Purdy, Deputy Attorney General, and moves the Commission for an Order dismissing the Application of Atlas Communications, Ltd. (Atlas, Company) for authority to operate as a local exchange carrier in the state of Idaho for the reasons set forth below.
On April 23, 1997, Atlas filed an Application for authority to provide local exchange carrier services in the state of Idaho. As indicated by the affidavit of Birdelle Brown, filed in support of this Motion, the Application did not contain the requisite information identified in Commission Order No. 26665, which sets forth the informational requirements for all local exchange carrier applications.

On June 19, 1997, Staff sent a letter to Atlas stating that the Application was incomplete and requesting additional information. Atlas never responded to Staffs letter. Moreover, Ms. Brown testifies that she attempted on several occasions to contact a representative of Atlas by telephone. Her calls, however, were never returned and the requested information has still not been received by Staff.
Based on the foregoing, Staff moves that the Commission issue an Order dismissing, without prejudice, the Application of Atlas for authority to operate as a local exchange carrier.

RESPECTFULLY submitted at Boise, Idaho this day of September 1997.

Brad M. Purdy
Deputy Attorney General

vld/N:ACM-T-97-1.bp2

STAFFS MOTION TO DISMISS APPLICATION -1-