HomeMy WebLinkAbout19971017Order No 27159.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF EXCEL TELECOMMUNICATIONS, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE AS A LOCAL EXCHANGE CARRIER WITHIN THE STATE OF IDAHO.
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CASE NO. EXC T 97 1
ORDER NO. 27159
On September 24, 1997, this Commission received a request from Excel Telecommunications, Inc. (Excel), pursuant to Rule 67 of the Commissions Rules of Procedure, IDAPA 31.01.01.67, that Excels Application for a Certificate of Public Convenience and Necessity to operate as a local exchange carrier in the state of Idaho be withdrawn without prejudice. Excel indicates that it would prefer to refile its Application at a later date when its business plans permit it to concentrate its efforts on obtaining a certificate in the state of Idaho.
We find that the 14 day waiting period prescribed by Rule 67 of the Commissions Rules of Procedure has elapsed. No party has objected to the withdrawal of Excels Application. We further find that no party would be prejudiced by withdrawal of Excels Application and, consequently, we hereby dismiss this proceeding without prejudice to the right of Excel to refile its Application in the future.
O R D E R
IT IS HEREBY ORDERED that Excels Application in this case is withdrawn. This case is dismissed without prejudice to the right of Excel to refile its Application in the future.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. EXC-T-97-1 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case No. EXC T 97 1 . Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 61 626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of October 1997.
DENNIS S. HANSEN, PRESIDENT
RALPH NELSON, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
vld/O:EXT-T-97-1.bp
ORDER NO. 27159 -1-
Office of the Secretary
Service Date
October 17, 1997