20000428Order No 28354 - Notice of Application.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF APPLICATION OF COVERGENT COMMUNICATIONS SERVICES, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. )
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CASE NO. CVT-T-99-1

NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 28354

On November 8, 1 999, the Commission received an Application from Convergent Communications Services, Inc. (Convergent) requesting that it be issued a Certificate of Public Convenience and Necessity to provide resold local exchange service within the state of Idaho. The Company desires to serve customers in the service areas of U S WEST Communications (both north and south) and GTE Northwest.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Convergent is a Colorado corporation which was incorporated in December 1996. The Company is a wholly-owned subsidiary of Convergent Communications, Inc., a publicly-held corporation, the stock of which is traded on the NASDAQ national exchange. The Company states in its Application, that it does not intend to serve areas currently served by incumbent local exchange companies (LECs) which are eligible for a small or rural carrier exemption pursuant to Section 251 of the federal Telecommunications Act of 1996.
YOU ARE FURTHER NOTIFIED that Convergent desires to provide all forms of intrastate local exchange telecommunications service. Presently, Convergent does not intend to install any switching equipment for the provision of local exchange service in Idaho. The Company intends to provide local exchange service by reselling the services of and using the facilities of the incumbent LECs. The Company may in the future provide services as a facilities-based carrier. Application at 4, 5.
YOU ARE FURTHER NOTIFIED that Convergent has provided all the required information required by the Commission’s Procedural Rule 111 and Procedural Order No. 26665, issued November 7, 1996. Order No. 26665 sets out the necessary information to be included with an Application for a Certificate submitted by a new local service provider in Idaho.
YOU ARE FURTHER NOTIFIED that the Application together with supporting exhibits has been filed with the Commission and is available for public inspection during regular business hours at the Commission offices.
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.
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. Written comments concerning this application shall 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
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, ID 83702-5983 LANCE J. M. STEINHART, ESQ.
6555 EAST JOHNS CROSSING, STE 285
DELUTH, GA 30097

Representative for Convergent Communications Services, Inc.

All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments 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 all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this matter pursuant to Title 62 of the Idaho Code and the Commission may enter any final Order consistent with its authority.
O R D E R
IT IS HEREBY ORDERED that Convergent Communications Services’ Application to provide local exchange service within Idaho shall be processed under Modified Procedure. IDAPA 31.01.01.201-204.
IT IS FURTHER ORDERED that all persons interested in filing comments in this matter do so within 21 days of the service date of this Order. All comments filed in this matter should be served upon the Commission and upon the applicant’s representative.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of April 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:CVT-T-99-1_dh

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28354 1

Office of the Secretary
Service Date
April 28, 2000