19961016Amended Order No 26632.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND CAMBRIDGE TELEPHONE COMPANY, INC. FOR TRANSFER OF A CERTIFICATE OF AUTHORITY. )
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CASE NO. CAM-T-94-1

AMENDED ORDER NO. 26632

On March 5, 1996, the Commission issued Order No. 26353 approving the sale of the U S WEST exchange of Council to Cambridge Telephone Company (Cambridge) or its wholly-owned subsidiary. In addition to the original Application, Cambridge and its subsidiary Council Telephone Company, Inc. (Council Telephone) have filed supplemental information related to the financing for the purchase of the U S WEST exchange of Council. The purchase price has been reduced by the switch replacement contribution so the ultimate financing is also reduced. The maturity for the loan would be 15 years with the interest rate to be determined at the time of closing. The term sheet for Cambridge and Council Telephone is attached showing National Bank of Cooperatives as the lender, net purchase price, loan amount, construction loan, interest rate options and other terms.
On October 11, 1996, the Commission issued Order No. 26632 granting Cambridge authority to incur or guarantee indebtedness for the purchase of the exchange. This Order is an Amended Order to also include authority to Cambridge and its wholly-owned subsidiary, Council Telephone.
The Idaho Public Utilities Commission, having fully considered the Application, including the supplemental information and exhibits attached thereto, and all of the Commissions files and records pertaining to this Application, makes the following findings of fact and conclusions of law.

FINDINGS OF FACT AND CONCLUSIONS OF LAW
Cambridge and Council Telephone are telephone corporations within the definition of Idaho Code  61-121 and a public utility within the definition of Idaho Code  61-129.
The Idaho Public Utilities Commission has jurisdiction over this matter pursuant to the provisions of Idaho Code  61-901, et seq., and the Application reasonably conforms to Rules 141 through 150 of the Commissions Rules of Procedure, IDAPA 31.01.01.141-150.
The method of issuance is proper.
Cambridge and Council Telephone have sought approval from the Commission for a loan relating to the financing for the purchase of the U S WEST exchange of Council. Council Telephone will be the borrower of the exchange purchase funds. The purchase price of the exchange has been reduced by the switch replacement contribution, thus the amount of financing has also been reduced. The maturity for the loan would be 15 years with the interest rate to be determined at the time of closing. The term sheet is attached showing National Bank of Cooperatives as the lender, net purchase price, loan amount, construction loan, interest rate options and other terms.
The general purposes to which the proceeds will be put are lawful purposes under the Public Utility Law of the state of Idaho and are compatible with the public interest. However, this is only a general approval of the purposes to which the proceeds will be put, and is not a finding of fact or a conclusion of law that any particular construction program is approved by this Order. The issuance of an Order authorizing the proposed financing does not constitute agency determination/ approval of the type of financing or the related costs for ratemaking purposes. The Idaho Public Utilities Commission does not have before it for determination, and therefore does not determine, any effect of the proposed transactions on rates to be charged by Cambridge or Council Telephone for telephone service to consumers in the state of Idaho.
All lawful fees have been paid by Cambridge as provided by Idaho Code  61-905.
The Application should be approved.

O R D E R
IT IS THEREFORE ORDERED that the Application of Cambridge Telephone Company and Council Telephone Company, Inc. for authority to incur or guarantee indebtedness as proposed in the attachment to this Order should be, and the same hereby is, granted.
IT IS FURTHER ORDERED that Cambridge Telephone Company and Council Telephone Company, Inc. shall file with this Commission a report of securities issued including verified copies of any agreement entered into in connection with the issuance of debt setting forth the date of issuance, principal amount, interest rate, date of maturity and all other terms.
IT IS FURTHER ORDERED that the foregoing authorization is without prejudice to the regulatory authority of this Commission with respect to rates, service, accounts, valuation, estimates, or determination of cost or any other matter that may come before this Commission pursuant to this jurisdiction and authority as provided by law.
IT IS FURTHER ORDERED that nothing in this Order and no provision of Chapter 9, Title 61, Idaho Code, or any act or deed done or performed in connection with this Order shall be construed to obligate the state of Idaho to pay or guarantee in any manner whatsoever any security authorized, issued, assumed, or guaranteed under the provisions of Chapter 9, Title 61, Idaho Code.
IT IS FURTHER ORDERED that issuance of this Order does not constitute acceptance of Cambridge Telephone Companys or Council Telephone Company, Incs. exhibits or other material accompanying this Application for any other purpose other than the issuance of this Order.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code  61626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of October 1996.

RALPH NELSON, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

bls/O-camt941.sh2

AMENDED ORDER -1-

Office of the Secretary
Service Date
October 16, 1996