20101029Request to Retain CPCN.pdf

¡ii Davis yvright11.. Tremaine LLP
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nc: .t'. F. rii'L.lj~Brian J. Hurh
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ioiuoe, 29 AM 9: 49 brianhurh~dwt.com
October 28,2010
Jean Jewell, Commission Secretary
Idaho Public Utilties Commission
472 W. Washington St.
Boise, ID 83702 A-t.Æ - T- 69-0/
ATTN: Carolee Hall, Telecommunications Section
RE: ALEC, In~.
Dear Ms. Hall,
On behalf of ALEC, Inc. ("ALEC"), I am writing to notify the Commission that ALEC
has not yet begun offering local exchange telecommuncations services in Idaho, and to request
that the Commission permit ALEC to retain its certificate of public convenience and necessity
("CPCN") while it continues its efforts to begin offering local exchange services in Idaho.
On November 9, 2009, the Commission approved ALEC's application for a CPCN by
Order No. 30944 (Case No. ALE-T-09-01). Among other things, the Order required that ALEC
must agree to relinquish its certificate "if, within one year of the issuance of a CPCN, the
Company is not offering local exchange telecommunications services in Idaho." Certificate No.
489 issued on November 13,2009. However, because of the continuing economic slowdown,
ALEC does not expect to begin providing services in Idaho prior to November 13,2010.
Curently, ALEC is in discussions with a large customer with existing business in Idaho
and which purchases service from ALEC in other states. ALEC and the customer both expect
that sometime soon after the end of 2010, the customer will be ready to obtain services from
ALEC in Idaho. At that time, ALEC will proceed with the necessary remaining steps to launch
service in the state. The customer and ALEC had previously anticipated that this would have
already occured, but the economic conditions have temporarily delayed this event.
Enclosed with this original letter are seven (7) copies for the Commission's records.
Also enclosed is an extra copy of this letter to be date-stamped and retued to me in the
enclosed envelope. If you have any questions, please do not hesitate to contact me.
Sincerely,
15/~
Brian 1. Hurh
Counsel for ALEC, Inc.
Cc: Mark Hayes, ALEC
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