20040729Notice of Application Order No 29551.pdf

Office of the Secretary
Service Date
July 29, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF ESODUS COMMUNICATIONS, INC.
DBA INST ATONE FOR A CERTIFICATE OF
PUBLI C CO NVENIEN CE AND NECESSITY )
TO PROVIDE LOCAL EXCHANGE
TELECO MMUNI CA TI 0 NS SER VI CES.
CASE NO. ESO- T -04-
NOTICE OF APPLICATION
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 29551
NOTICE OF APPLICATION
On February 26, 2004 Esodus Communications, Inc. dba INST A TONE filed an
Application for a Certificate of Public Convenience and Necessity to provide resold local
exchange services within the State of Idaho. Esodus is located in Belleair Beach, Florida and is
incorporated in the State of Florida. Esodus intends to provide resold local exchange services
within the service territories of Qwest Corporation and Verizon. The Company has no plans to
build facilities within the State of Idaho. The Company proposes to provide resold local
exchange services primarily to residential customers.
YOU ARE HEREBY NOTIFIED that the Company s local calling areas will
initially coincide with the incumbent local exchange carriers' local calling areas. According to
its Application, Esodus has not initiated interconnection negotiations at this time.
YOU ARE FURTHER NOTIFIED that the Application states Esodus has reviewed
the laws and regulations of this Commission governing local exchange telecommunications
services in Idaho and will provide service in accordance with all laws, rules and regulations to
the extent they are not preempted by the federal Act. The Company also states that it will not
require deposits or prepayments.
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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29551
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
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Michael Servos, President
Esodus Communications, Inc. dba INST A TONE
1020 Spruce Drive
Belleair Beach, FL 33786
E-mail: commercxpo~ao1.com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
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.state.id.. Click the "Comments and Questions
icon, and complete the comment form, using the case number as it appears on the front of this
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 and Amendment, together
with 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.
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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29551
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 the Application of Esodus Communications, Inc.
dba INSTATONE for a Certificate of Public Convenience and Necessity be processed by
Modified Procedure IDAPA 31.01.01.201-204.Persons interested in submitting written
comments in this matter should do so no later than 21 days from the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this cJ.. 9 fA.
day of July 2004.
ARSHA H. SMITH, COMMISSIONER
Out of the Office on this Date
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
~LC\ .
J e , D. Jewell Co ission Secretary
bls/O:ESOT0401 dh
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29551