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Home My WebLink AboutPETE.docx March 16, 1999 Peter J. Richardson Davis, Wright, Tremaine, LLP 877 W Main, Ste. 604 Boise, ID 83702-5858 RE: One-Eighty Communications Name Change--Bond Requirement Dear Pete: This correspondence is in response to your letter to me dated March 11, 1999, regarding the acquisition of One-Eighty Communications by Avista Communications. In light of the acquisition of One-Eighty by Avista, you asked that One-Eighty be released from the requirement to maintain a $100,000 performance bond. The Commission Staff had requested the bond as part of One-Eighty’s request for a Certificate of Public Convenience and Necessity. Order No. 27806, which approved the certificate for One-Eighty, noted that the Company was a “newly formed corporation with financial backing in the form of a line-of-credit at a local bank.” The Order also noted that Staff had requested a $100,000 performance bond by One-Eighty and that One-Eighty had in fact obtained a performance bond. However, the Order itself does not specifically require a bond by One-Eighty, nor does it condition the approval of a certificate on One-Eighty obtaining a performance bond. Staff has reviewed the information you provided regarding the acquisition of One-Eighty by Avista Communications, and agrees with your assessment that a performance bond should no longer be required for One-Eighty. However, because the Order granting an operating certificate to One-Eighty does not specifically require a performance bond, I do not believe it is necessary to ask the Commission to amend Order No. 27806 to remove the performance bond requirement. I believe it is sufficient that the record reflect through our correspondence Staff’s agreement that a performance bond no longer should be required. Should you believe a more formal notation by the Commission is appropriate, Staff could present the question of a performance bond to the Commission in a decision memo to close the case. The decision memorandum could include a recommendation that a Minute Entry reflect that the performance bond requirement has been lifted. Please contact me if you have any questions. Sincerely, Weldon B. Stutzman Deputy Attorney General WBS/vld vld/L:pete.ws