20100902notice_of_application_order_no_32063.pdf

Office of the Secretary
Service Date
September 2 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF AIRESPRING, INC. FOR A
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY NOTICE OF APPLICATION
CASE NO. ASI-IO-
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 32063
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on July 1 , 2010, Airespring, Inc. ("Airespring
or "Company ) filed an Application for a Certificate of Public Convenience and Necessity
CPCN"), pursuant to Idaho Code gg 61-526 through -5281 and IDAPA 31.01.01.111 (Rules
111 and 112), to provide local exchange telecommunications services.
YOU ARE FURTHER NOTIFIED that Airespring states in its Application that it will
initially provide resold local exchange services. Airespring seeks authority and intends to offer
all forms of switched and non-switched intrastate local exchange telecommunications services.
YOU ARE FURTHER NOTIFIED that the Company has no current plan to install
facilities in Idaho, but may do so in the future.
YOU ARE FURTHER NOTIFIED that Airespring s proposed Idaho service territory
will include all areas of Idaho currently being served by existing incumbent local exchange
carriers ("ILECs ). The Company states that it will not offer its services in areas already being
served by carriers that are eligible for the small or rural carrier exemption under section 251 of
the federal Telecommunications Act of 1996 ("Federal Act"
YOU ARE FURTHER NOTIFIED that Airespring attached a copy of its illustrative
tariff to its Application.
YOU ARE FURTHER NOTIFIED that Airespring states that it has reviewed the laws
and regulations governing local exchange telecommunications services and will provide service
I Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code 9 62-604(1)(a), Airespring is
exempt from Title 61 regulation.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32063
in accordance with Idaho law and the rules and regulations of the Commission to the extent they
are not preempted by the Federal Act.
YOU ARE FURTHER NOTIFIED that Airespring has not established an escrow
account because it will not require its customers to submit advance payments or deposits in
exchange for service.
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 IDAPA 31.01.01.201 through .204.The Commission notes that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation.
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
twenty-one (21) days from the service date of this Notice. 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 Lance lM. Steinhart
Idaho Public Utilities Commission Lance lM. Steinhart, P.PO Box 83720 1720 Windward Course, Suite 115
Boise, ID 83720-0074 Alpharetta, GA 30005
Mail: Isteinhart~telecomcounse1.com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5918
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.idaho.gov. 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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32063
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 has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices. The Application is also available on the Commission s web site at
www.puc.idaho.gov by clicking on "File Room" and then "Telephone Cases,
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 62 of the Idaho Code, specifically Idaho
Code g 62-604 and 62-615. The Commission may enter any final Order consistent with its
authority under Title 62 and Commission Rule of Procedure 114, IDAP A 31.01.01.114.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure. Persons interested in submitting written comments regarding this case or protesting
the use of Modified Procedure should do so no later than 21 days from the service date of this
Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32063
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this I sf
day of September 20 10.
. KEMPTON, P SIDENT
MARSHA H. SMITH, COMMISSIONER
~~, ~
MACK A. REDFORD, ~OMMISSIONER
ATTEST:
O:ASI-IO-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32063