20000920Comments.doc

DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3366

Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983

Attorney for the Commission Staff

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. )
)
)
)
)
) CASE NO. GNR-T-00-3

COMMENTS OF THE
COMMISSION STAFF

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its attorney of record, Donald L. Howell, II, Deputy Attorney General, and in response to the Notice of Application and Notice of Modified Procedure, Order No. 28508 issued on September 12, 2000, submits the following comments.
BACKGROUND
On January 25, 2000, American Fiber Network, Inc. (AFN) filed an Application with this Commission for a Certificate of Public Convenience and Necessity in compliance with Commission Rules of Procedure, IDAPA 31.01.01.111 and Procedural Order No. 26665.
American Fiber is a Delaware corporation that is seeking authority to provide local exchange telecommunications service to Idaho residences and businesses pursuant to Title 61, Idaho Code. American Fiber initially intends to provide its services using the incumbent local exchange carrier’s network. The Company anticipates providing competitive local exchange services throughout the U S WEST (USW) and GTE service areas of Idaho and is requesting authorization as a CLEC. The Company explicitly declines certification in local exchange areas currently served by rural telecommunications carriers as defined by the federal Telecommunications Act of 1996.
DISCUSSION
Staff has reviewed the Application and illustrative tariff submitted by AFN and believes that the filing meets the requirements of the Commission’s Procedural Order No. 26665. In its Application, the Company agreed to comply with the Commission’s Rules of Procedure. The Company is also seeking a waiver of the escrow account requirement for deposits as set forth in Commission's Procedural Order No. 26665. The Company does not anticipate collecting deposits from its customers; therefore Staff supports the Company's request for a waiver.
STAFF RECOMMENDATION
American Fiber Network has complied with all filing requirements for issuing a certificate. Staff recommends that the Commission grant the Company a Certificate of Public Convenience and Necessity for the USW and GTE service areas in Idaho. Staff further recommends that the Commission grant the Company's escrow account waiver.

Respectfully submitted this day of September 2000.

______________________________
Donald L. Howell, II
Deputy Attorney General

Technical Staff: Carolee Hall

CH:jo:umisc/comments/gnrt003.chdh
STAFF COMMENTS 2 September 20, 2000