20101117final_order_no_32115.pdf

Office of the Secretary
Service Date
November 17 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ALEC TELECOM, INc. FOR AN EXTENSION
OF THE TIME PERIOD TO COMPLY WITH
THE MANDATE TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS
SERVICES IN IDAHO
ORDER NO. 32115
CASE NO. ALE-O9-
BACKGROUND
On June 12, 2009 ALEC Telecom, Inc. ("ALEC" or "Company filed an
Application for a Certificate of Public Convenience and Necessity ("CPCN") pursuant to Idaho
Code ~~ 61-526 through 528, IDAPA 31.01.01.111 and Commission Order No. 26665 to provide
local exchange telecommunications services within the State of Idaho.
On November 9 2009, the Commission approved ALEC's application for a CPCN.
Order No. 30944, Certificate No. 489. The approval and issuance of the Certificate were
predicated, inter alia, upon the Company providing basic local exchange telecommunications
services in Idaho within one year of receipt of its Certificate.
On October 29, 2010, ALEC notified the Commission that the Company has not yet
begun offering local exchange telecommunications services in Idaho and requested that the
Commission permit ALEC to retain its CPCN while it continues its efforts to begin offering
services in Idaho.
REQUEST FOR AN EXTENSION
In its letter for an extension, ALEC indicated that it is currently in discussions with a
large customer with existing business in Idaho. The customer purchases service from ALEC in
other states. ALEC anticipates that the agreement will be completed by the end of2010. ALEC
will proceed with the necessary remaining steps to launch service in the state." Staff discussed
the matter with ALEC's attorney and believes a six-month extension is warranted.
COMMISSION FINDINGS AND DECISION
Based upon our review of ALEC's Application and Staffs recommendation, the
Commission approves the Company s request for a six-month extension. Therefore, the
Commission orders ALEC to begin providing local exchange telecommunications services in
Idaho no later than 18 months from the issuance of Certificate No. 489.
ORDER NO. 32115
ORDER
IT IS HEREBY ORDERED that the Application filed by ALEC Telecom, Inc. for a
six-month extension is granted. The Company shall provide local exchange telecommunications
services in Idaho no later than 18 months from the issuance of Certificate No. 489.
IT IS FURTHER ORDERED that if ALEC fails to offer local exchange
telecommunications services within the time period described above the Company agrees to
relinquish its Certificate and any telephone numbers.
THIS IS A FINAL ORDER. Any person interested in the Order 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. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /7f11
day of November 2010.
t;2 d . KEMPTO PRE DENT
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD, COMMISSIONER
ATTEST:
D. Jewell
Commission Secretary
O:ALE-09-np3
ORDER NO. 32115