20180119notice_of_application_order_no_33968.pdf

Office of the Secretary
Service Date
January 19,2018
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF BIRCH )COMMUNICATIONS,INC.'S APPLICATION )CASE NO.BIR-T-18-01
FOR A CERTIFICATE OF PUBLIC )CONVENIENCE AND NECESSITY )NOTICE OF APPLICATION
)NOTICE OF
)MODIFIED PROCEDURE
)ORDER NO.33968
On November 28,2017,Birch Communications,Inc.(Birch)applied to the
Commission for a Certificate of Public Convenience and Necessity (Application)(CPCN)
authorizing it to provide local and long distance telecommunications service in Idaho.With this
Order,the Commission solicits public input on the Application and orders that the case be
processed under the Commission's Rules of Modified Procedure.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Birch is a Georgia corporation,authorized to
do business in Georgia and is located at 320 Interstate North Pkwy SE,Atlanta,GA 30339.It is
registered with the Idaho Secretary of State and its Foreign Certificate of Registration is attached
to the December 19,2017,Supplement to its Application.
YOU ARE FURTHER NOTIFIED that Birch proposes,and requests authority,to
offer resold local exchange and long distances services statewide within the State of Idaho.
Application at 1.Birch states that it plans to provide service to "large business customers"in the
incumbent local exchange carrier (ILEC)territories of CenturyLinkand Frontier utilizing "a mix
of its own facilities (located in other states),unbundled network elements ('UNEs')or UNE-
replacement services from ILECs,and other ILEC-provided services ...."Id.at 4.
YOU ARE FURTHER NOTIFIED that Birch provided its Articles of Incorporation,
names and addresses of Officers and Directors,as well as financial information,which it asserts
is exempt from public disclosure pursuant to Rule 67.See Exhibits A-C;IDAPA 31.01.01.067.
YOU ARE FURTHER NOTIFIED that Birch agrees to comply with all Commission
rules.Id.at 6.
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33968 1
Commission offices.The Application is also available on the Commission's web site at
www.puc.idaho.gov.Click on the "File Room"tab at the top of the page,scroll down to "Open
Telephone Cases,"and then click on the case number shown on the front of this document.
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.See IDAPA 31.01.01.201 -.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 by no
later than 21 days from the service date of this Order.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 Angela Collins
Idaho Public Utilities Commission Cahill Gordon &Reindel LLP
PO Box 83720 1990 K Street,N.W.,Suite 950
Boise,ID 83720-0074 Washington,D.C.20006-1181
E-mail:[e-mail]
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 "Case Comment Form"
under the "Consumers"tab,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.
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33968 2
set,the Commission will consider them and,in its discretion,may set the same for formal
hearing.
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 and specifically
Idaho Code §§62-604,62-615,and 62-622.The Commission may enter any final Order
consistent with its authorityunder Title 62 and Commission Rule of Procedure 114.See IDAPA
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.See IDAPA 31.01.01;Idaho Code
§62-619.
O RD ER
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure,IDAPA 31.01.01.201 -.204.Persons interested in submitting written comments or
protesting the use of Modified Procedure must do so by 21 days from the service date of this
Order.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of January 2018.
PAUL KJÈ ANb PRESIDENT
KRÑflNÈ RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane Hanian
Commission Secretary
I:\Legal\LORDERS\BIRTl801 se doc
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33968 3