20060106notice_of_application_order_no_29944.pdf

Office of the Secretary
Service Date
January 6, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF EXTREME MEDIA TECHNOLOGIES
INC. DBA XMT3 FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY NOTICE OF APPLICATION
CASE NO. EXT-O5-
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 29944
On June 2, 2005 , Extreme Media Technologies Inc. dba XMT3 (Company) filed an
Application for a Certificate of Public Convenience and Necessity with the Idaho Public Utilities
Commission (Commission). The Application seeks authority for the Company to provide local
exchange telecommunications services using IP voice over private networks within the State of
Idaho in areas where Qwest is currently designated as the incumbent local exchange carrier.
this Order the Commission establishes a review period and written comment deadline.
THE APPLICATION
YOU ARE HEREBY NOTIFIED that Extreme Media Technologies Inc. dba XMT3
states it is a privately held corporation authorized by the Idaho Secretary of State to transact
business in the State of Idaho. The Company states that it seeks to provide integrated voice and
data services utilizing its engineered IP voice over private networks in order to provide
consumers with a choice for their voice and data needs. The Company states it will compete
primarily with Qwest and Electric Lightwave for voice services in all local areas where service is
provided by Qwest specifically in Boise, Meridian, Nampa, Eagle, Caldwell, Twin Falls, Idaho
Falls, Pocatello, Burley, Coeur d' Alene, and Jerome. The Company states it will seek to utilize
incumbent resold retail network elements platform, which will be purchased or leased from
Qwest, Electric Lightwave, Time Warner, and Global Crossings. The Company states it is
currently providing service in the State of Wyoming and intends to initiate applications for
authority to operate in California, Oregon, Washington, and Montana.
NOTICE OF APPLICATION
NOTICES OF MODIFIED PROCEDURE
ORDER NO. 29944
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. The Application and
testimonies (excluding exhibits) are also available on the Commission website at
www.puc.idaho.gov under the "File Room" icon and then "Telephone Cases.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filing of
record in Case No. EXT-05-1. The Commission has preliminarily determined that the public
interest may not require a hearing to consider the issues presented in this case and that issues
raised by the Company s filing may be processed under Modified Procedure , by written
submission rather than by hearing. IDAPA 31.01.01.201-204. In so doing, 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 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. IDAP A 31.01.01.203.
YOU ARE FURTHER NOTIFIED that if no protests or written comments are
received within the deadline the Commission will consider the matter and enter its Order without
a hearing. If protests or comments are filed within the deadline, the Commission will consider
them and may, in its discretion, set the matter for hearing or decide the matter and issue its Order
on the basis of the written positions before it. IDAPA 01.01.01.204.
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 specifically
Idaho Code ~~ 61-526 through 61-528. 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.
NOTICE OF COMMENT/PROTEST DEADLINE
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments
or protests with respect to the Application and the Commission s use of Modified Procedure in
NOTICE OF APPLICATION
NOTICES OF MODIFIED PROCEDURE
ORDER NO. 29944
Case No. EXT-05-1 is Monday, January 30, 2006.Persons desiring a hearing must
specifically request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that written comments concerning this case
should be mailed to the Commission and to the Company at the addresses reflected below.
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Street Address For Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
Kirk Adkison
Extreme Media Technologies, Inc.
280 N. Maple Grove Road
Boise, ID 83704
E-mail: kirk~xmt3.com
Molly O'Leary
Richardson & O'Leary, PLLC
PO Box 7218
Boise, ID 83707
E-mail: molly~richardsonandoleary.com
document.
These comments should contain the case caption and case number shown on the first page of this
Persons desiring to submit comments via e-mail may do so by accessing the
Commission s homepage 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. These comments must also be sent to the Applicant at the addresses listed above.
FINDINGS/CONCLUSIONS
The Commission has preliminarily determined that the public interest may not
require a hearing to consider the issues presented in this case, and that issues raised by the
Company s filing may be processed under Modified Procedure , by written submission
rather than by hearing. IDAPA 31.01.01.201-204. In so doing, the Commission notes that
Modified Procedure and written comments have proven to be an effective means for obtaining
public input and participation.
ORDER
IT IS HERBY ORDERED that this case be processed under Modified Procedure.
Persons interested in submitting written comments regarding this case or protesting the use
Modified Procedure should do so no later than January 30, 2006.
NOTICE OF APPLICATION
NOTICES OF MODIFIED PROCEDURE
ORDER NO. 29944
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1t.;A
day of January 2006.
ij~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:EXT-O5-01 dw
NOTICE OF APPLICATION
NOTICES OF MODIFIED PROCEDURE
ORDER NO. 29944