20000912Order No 28508.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF AMERICAN FIBER NETWORK, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES.
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NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

ORDER NO.  28508

On January 25, 2000, American Fiber Network, Inc. filed an Application for a Certificate of Public Convenience and Necessity to provide resold and facilities-based local exchange and interexchange services within the state of Idaho. American Fiber states that it intends to provide resold and facilities-based, switched and dedicated local exchange services; resold and facilities-based interexchange services; and operator services in Idaho.
YOU ARE HEREBY NOTIFIED that American Fiber stated that it does not currently own facilities in the state of Idaho but once it finalizes its construction plans for facilities, it will inform the Commission. The Company will initially resell network and other services of other incumbent and competitive LECs within Idaho. American Fiber does not intend to provide local exchange service in areas currently served by rural telecommunications carriers as defined by the federal Telecommunications Act of 1996.
YOU ARE FURTHER NOTIFIED that the Company states it will provide service to business and residential customers. American Fiber intends to provide local exchange services including, but not limited to, (1) single-line and multi-line customers (including basic access lines, direct inward-outward PBX trunk service, Centrex services, and ISDN); (2) customers of American Fiber’s end-user access line services; and (3) switched and special carrier access services to other common carriers. The Company also intends to offer inbound and outbound intraLATA services. American Fiber plans to offer these services through a combination of purchased and leased assets.
YOU ARE FURTHER NOTIFIED that the Company states it also plans to provide access to other intraLATA and interLATA services, i.e., operator services, directory assistance, emergency services such as 911 and E911, either through its own operations or by purchasing those services from underlying carriers.
YOU ARE FURTHER NOTIFIED that American Fiber 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 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, IDAHO 83720-5983 STEVEN E. SWENSON, ESQ.
60 SOUTH 600 EAST, SUITE 200
SALT LAKE CITY, UT 84102
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 the Application 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 and Title 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Titles 61 and 62.
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.
O R D E R
IT IS HEREBY ORDERED that the Application of American Fiber Network, Inc. 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
day of September 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER
ATTEST:

Barbara Barrows
Assistant Commission Secretary

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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28508 1

Office of the Secretary
Service Date
September 12, 2000