20100217notice_of_application_order_no_31008.pdf

Office of the Secretary
Service Date
February 17 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF BROADVIEW NETWORKS, INc. FOR
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS
SERVICES WITHIN THE STATE OF IDAHO
CASE NO. BVN-09-
NOTICE OF APPLICATION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 31008
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on November 13, 2009, Broadview Networks
Inc. ("Broadview" or "Company ) filed an Application for a Certificate of Public Convenience
and Necessity, pursuant to Title 62 of the Idaho Code and IDAP A 31.01.01.111 , to provide local
exchange telecommunications services within the State of Idaho.
YOU ARE FURTHER NOTIFIED that Broadview requests authority to allow the
Company to offer its customers facilities-based and resold competitive local exchange and
interexchange telecommunications services throughout the entire State of Idaho, or to the extent
the facilities of its underlying carriers permit.
YOU ARE FURTHER NOTIFIED that Broadview states that it does not anticipate
installing physical plant, fiber optic or copper cables within the state. The Company may
collocate switching, signaling systems and other equipment of ILEC and non-ILEC collocation
facilities such as carrier hotels, and may lease capacity on fiber circuits from other carriers.
YOU ARE FURTHER NOTIFIED that Broadview will focus on providing service to
small and medium-sized businesses and residential customers. Initially, the Company plans to
offer basic two-way local residential and business service, supplemented by a variety of
customer calling services (i., three-way calling, call forwarding, call waiting, distinctive
ringing, and speed calling) and CLASS features (i., caller I.E., automatic redial/recall, and
customer-originated trace).
YOU ARE FURTHER NOTIFIED that Broadview envisions an expansion of these
servIces "to include advanced telecommunications services, data services and private line
services throughout the service area of the incumbent provider(s).
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 31008
YOU ARE FURTHER NOTIFIED that Broadview s proposed Idaho service territory
is likely to include areas being served by ILECs Qwest North, Qwest South and Verizon
Northwest. The Company has yet to initiate negotiations with ILECs in Idaho.
YOU ARE FURTHER NOTIFIED that the Applicant affirms that it has reviewed all
of the Commission s rules applicable to competitive local exchange telecommunications service
providers and agrees to comply with those rules except to the extent that any such rules are
explicitly waived generically for carriers in the same class.
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 Art Gairo
Idaho Public Utilities Commission Senior Vice PresidentPO Box 83720 Broadview Networks, Inc.
Boise, ID 83720-0074 2100 Renaissance Blvd.
King of Prussia, P A 19406
Mail: agairo~broadview.netStreet 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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 31008
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
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 by accessing the Commission s web site
at www.puc.idaho.gov and then 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 Titles 61 and 62 of the Idaho Code and
specifically Idaho Code ~~ 61-526 and 62-615. The Commission may enter any final Order
consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAP A 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this Application will 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. 31008
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this rrrh
day of February 2010.
JIM D. KEMPTON',P DENT
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ARSHA H. SMITH, COMMISSIONER
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MACK A. REDFORD, COMMIS IONER
ATTEST:
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D. Jewell
Commission Secretary
O:BVN-09-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUREORDER NO. 31008