20070228notice_of_application_order_no_30260.pdf

Office of the Secretary
Service Date
February 28, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CUSTER TELEPHONE
COOPERATIVE, INC.S PETITION FOR
AMENDMENT OF ITS CERTIFICATED SERVICE AREA BOUNDARY
CASE NO. CUS-07-
NOTICE OF APPLICATION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 30260
YOU ARE HEREBY NOTIFIED that on February 2007, Custer Telephone
Cooperative, Inc. filed a Petition for Amendment of Certificated Service Area Boundary, asking
the Commission to amend Custer s Certificate of Public Convenience and Necessity to include
three areas identified as Yankee Fork, Morgan Creek, and Slate Creek areas. Custer is a mutual
non-profit telephone company over which the Commission has very little regulatory authority.
Custer s Petition states that the Commission issued a Certificate to Custer pursuant to Idaho
Code 9 62-615. That statute authorized the Commission to issue a Certificate to mutual
telephone corporations that requested them. Section 62-615 was repealed by the Legislature in
1997 and replaced with a new Section 62-615, and now does not authorize the Commission to
issue exclusive service area certificates to mutual telephone companies.
YOU ARE FURTHER NOTIFIED that the Commission does have authority to
designate a geographic service area for eligible telecommunications carriers, including mutual
telephone companies, pursuant to Idaho Code 9 62-610E. "Service area" is defined at Idaho
Code 9 62-610B(3) as "a geographic area designated by the commission for the purpose of
determining universal service obligations of eligible telecommunications carriers.For rural
telephone companies
, "'
service area' means the company s 'study areas' as established by the
federal communications commission and the public utilities commission." The Commission will
consider whether to change the boundaries of Custer s service area, as identified in its
Certificate, pursuant to Idaho Code 962-610E.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30260
YOU ARE FURTHER NOTIFIED that the Yankee Fork, Morgan Creek and Slate
Creek areas are outside Custer s current certificated area. Custer s Petition asserts that the three
areas are not within the service area of any other telecommunications carrier, nor are they in the
vicinity of any existing line, plant or system of another public utility.
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 31.01.01.201-204. 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 may
be mailed to the Commission and the Applicant at the addresses reflected below:
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, Idaho 83720-0074
Dennis Thornock, Manager
Custer Telephone Cooperative, Inc.
1111 South Main
PO Box 324
Challis, ID 83226
Street Address for Express Mail:
472 W. Washington Sreet
Boise, ID 83702-5983
Michael C. Creamer
Givens Pursley LLP
601 West Bannock Street
PO Box 2720
Boise, ID 83701
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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30260
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 and supporting workpapers,
testimonies and exhibits have been filed with the Commission and are available for public
inspection during regular business hours at the Commission offices or on the Commission
Website at www.puc.idaho.gov under the "File Room" and "Telephone Cases.
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.
ORDER
IT IS HEREBY ORDERED that the Petition of Custer Telephone Cooperative, Inc.
for amendment of its certificated service area boundary be processed by Modified Procedure
IDAPA 31.01.01.201-204. Persons interested in submitting written comments in this matter
must do so no later than 21 days from the service date of this Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30260
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ,2gr--
day of February 2007.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
nD. Jewell!
COmmission S\e'cretary
bls/O:CUS-07-01 ws
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30260