20001012Order No 28541.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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CASE NO.  GNR-T-00-3

ORDER NO.  28541

On January 25, 2000, American Fiber, 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. On September 12, 2000, the Commission issued a Notice of Application and Modified Procedure requesting interested persons file written comments regarding the Application by American Fiber. Only the Commission Staff filed comments and it supported the issuance of the Certificate. Based upon our review of the Application and the Staff’s comments, the Commission grants American Fiber’s Application.
BACKGROUND
American Fiber is incorporated in the state of Delaware. The Company does not currently own any facilities within the state of Idaho and intends to resell network and other services of other incumbent and competitive LECs. American Fiber does not intend to serve areas already served by incumbent local exchange companies that qualify for a rural exemption pursuant to Section 251(f) of the federal Telecommunications Act.
American Fiber stated that it desires to provide resold and facilities-based local services to business and residential customers. American Fiber desires 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 plans to offer inbound and outbound intraLATA services. American Fiber plans to offer these services through a combination of purchased and leased assets.
American Fiber also desires 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.
Staff reviewed American Fiber’s Application and concluded American Fiber understands the Commission’s rules and requirements. Staff believes that the Application satisfies all the requirements of the Commission’s Rules and Procedural Order No. 26665.
COMMISSION FINDINGS
Based on the Commission’s review of the record and Staff’s comments, the Commission finds that American Fiber’s Application complies with the Commission’s Rules to obtain a Certificate of Public Convenience and Necessity. The Commission therefore approves American Fiber’s Application for a Certificate to provide local exchange services to the requested areas of Idaho.
O R D E R
IT IS HEREBY ORDERED that American Fiber, Inc. is granted a Certificate of Public Convenience and Necessity to provide local telecommunications service within the state of Idaho subject to the provisions of Section 251 (f) of the federal Telecommunications Act.
THIS IS A FINAL ORDER. Any person interested in this Order or in interlocutory Orders previously issued in this Case No. GNR-T-00-3 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. GNR-T-00-3. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61626 and 62-618.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

bls/O:gnrt003_dh2

ORDER NO. 28541 -1-

Office of the Secretary
Service Date
October 12, 2000