19961205Notice of Application - Modified Procedure.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF CITIZENS TELECOMMUNICATIONS COMPANY AND U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF AN AGREEMENT FOR RESALE PURSUANT TO 47 U.S.C.  252(e).
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CTC-T-96-2

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

YOU ARE HEREBY NOTIFIED that on November 18, 1996, Citizens Telecommunications Company (CTC) and U S WEST Communications, Inc. (U S WEST) filed a joint Application for approval of an Agreement for resale services. The Agreement provides for CTC to resell U S WEST local exchange service in Idaho and other states. This Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to 47 U.S.C.  252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the Act).
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that
(1) the agreement (or portions thereof) discriminates against a telecommunications carrier not a party to the agreement; or

(2) the implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.

CTC and U S WEST assert that the Agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity. CTC and U S WEST allege the Agreement will enable CTC to enter the local exchange market and provide customers with increased choices among local exchange service providers, and that approval of this Agreement will facilitate immediate competition in U S WESTs local exchange service areas.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case Nos. USW-T-96-14 and CTC-T-96-2. The Commission has determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing. Reference Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. Reference IDAPA 31.01.01.203.
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 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.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. Reference IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case Nos. USWT96-14 and CTC-T-96-2 should be mailed to the Commission and the Companies at the addresses reflected below:

COMMISSION SECRETARY BARBARA L. SNIDER
IDAHO PUBLIC UTILITIES COMMISSION ASSOCIATE GENERAL COUNSEL
PO BOX 83720 JACQUELINE R. KINNEY
BOISE, IDAHO 83720-0074 STAFF ATTORNEY
CITIZENS TELECOMMUNICATIONS COMPANY
Street Address for Express Mail: 8920 EMERALD PARK DRIVE, SUITE 7
ELK GROVE, CA 95624

472 W WASHINGTON ST ALOHA STEVENS
BOISE, IDAHO 83702-5983 CITIZENS TELECOMMUNICATIONS COMPANY
4 TRIAD CENTER, SUITE 220
SALT LAKE CITY, UT 84180

RUSS ROWE
ASSOCIATE GENERAL COUNSEL
U S WEST COMMUNICATIONS, INC.
1801 CALIFORNIA STREET, SUITE 5100
DENVER, CO 80202

All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application and Agreement together with supporting workpapers, and exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code and that 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, IDAPA 31.01.01.000 et seq.
DATED at Boise, Idaho this day of December 1996.

Myrna J. Walters
Commission Secretary

vld/N:USW-T-96-14.sh

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE -1-

Office of the Secretary
Service Date
December 5, 1996