20101117final_order_no_32114.pdf

Office of the Secretary
Service Date
November 17, 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF AMERICAN FIBER
SYSTEMS, INC.S REQUEST FOR
CANCELLATION OF CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY NO. 427
CASE NO. AFS-O7-
ORDER NO. 32114
On November 8, 2010, American Fiber Systems, Inc. requested that its Certificate of
Public Convenience and Necessity (CPCN) No. 427 issued by the Commission on May 11 2004, be
withdrawn. American Fiber stated it does not provide local exchange services in Idaho and does not
intend to do so in the future. In its Decision Meeting on November 9, 2010, the Commission
approved the cancellation of Certificate No. 427.
COMMISSION FINDINGS
In March 2004, IDACOMM, Inc. filed an Application with the Commission requesting
authority to provide telecommunications services within the State of Idaho, and in May 2004, the
Commission granted IDACOMM' s Application for a CPCN. Order No. 29494 , Case No. IZ2- T -04-
01.
In October 2007, American Fiber Systems, Inc. filed a request to transfer IDACOMM' s
Certificate No. 427 to American Fiber. The Commission granted American Fiber s request to
transfer the CPCN from IDACOMM to American Fiber and Certificate No. 427 was amended and
issued to American Fiber Systems, Inc. Order No. 30425, Case No. AFS-07-01.
On November 8, 2010, American Fiber notified the Commission that it is not providing
telecommunications services in Idaho and does not plan to provide telecommunications services in
the future and requested that its Certificate be withdrawn. American Fiber also stated that it does not
serve any local exchange customers in Idaho, therefore no customers will be affected by the
cancellation of American Fiber s Certificate. Accordingly, Staff recommended the Commission
cancel Certificate No. 427 and remove the Company s price list or tariff on file.
ORDER
IT IS HEREBY ORDERED that American Fiber Systems, Inc.s Certificate of Public
Convenience and Necessity No. 427 is cancelled. Certificate No. 427 is no longer in effect, and
American Fiber is no longer authorized to provide telecommunications services in the State ofldaho.
ORDER NO. 32114
THIS IS A FINAL ORDER. Any person interested in this Order or in interlocutory
Orders previously issued in this case may petition for reconsideration within twenty-one (21) days of
the service date of this Order with regard to any matter decided in this Order or in interlocutory
Orders previously issued in this case. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ ~ 62-619
and 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /1 jI1
day of November 2010.
JI MPTO , P IDENT
MARSHA H. SMITH, COMMISSIONER
~~
CSW
MACK A. REDFORD, COMMISSIONER
ATTEST:
bls/O:AFS- T -07 -- ws
ORDER NO. 32114