28335.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF MAXCESS, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.

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NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 28335
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on March 8, 2000, the Commission received an Application from Maxcess, Inc. (“Maxcess”) for a Certificate of Public Convenience and Necessity to provide resold basic, and facilities-based local exchange service as a competitive local carrier within the state of Idaho in the present service areas of U S WEST and GTE utilizing, for the time being, the pre-existing facilities of the incumbent LECs. Application at 1 and 2.
YOU ARE FURTHER NOTIFIED that Maxcess provided all required documentation and information required by Commission Rule of Procedure 111, IDAPA 31.01.01.111, 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 Maxcess was first incorporated in the state of Delaware, as Maxcess, Inc., and subsequently changed its state of incorporation to Florida on June 8, 1998. Maxcess, Inc. is authorized to do business in Idaho.
YOU ARE FURTHER NOTIFIED that this Application, together with supporting exhibits, has been filed with the Commission and is available for public inspection during regular business hours at the Commission offices.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and, therefore, 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 LANCE J.M. STEINHART, ESQ.
IDAHO PUBLIC UTILITIES COMMISSION ATTORNEY-AT-LAW
PO BOX 83720 6455 EAST JOHNS CROSSING, SUITE 285
BOISE, IDAHO 83720-0074 DULUTH, GA 30097

Street Address for Express Mail: Attorney for Maxcess, Inc.

472 W WASHINGTON ST
BOISE, IDAHO 83702-5983

These 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 all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.
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 that the Commission may enter any final Order consistent with its authority under Title 61.
O R D E R
IT IS HEREBY ORDERED that upon review of the filings in this case and determination of the Commission, that this Case No. GNR-T-00-9 shall be processed by Modified Procedure. Rules of Procedure 201-204, IDAPA 31.01.01.201-04.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of April 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:gnrt009_jc

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28335 1

Office of the Secretary
Service Date
April 10, 2000