28413.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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CASE NO. GNR-T-00-9

ORDER NO. 28413

On March 9, 2000, Maxcess, Inc. (Maxcess) filed an Application for a Certificate of Public Convenience and Necessity to provide resold basic and facilities-based local exchange service within the state of Idaho. Maxcess states that it intends to provide competitive local exchange services in the areas of the state served by U S WEST and GTE.
On April 10, 2000, the Commission issued a Notice of Application and Notice of Modified Procedure to process the Application. Staff filed written comments on May 1, 2000, recommending approval of Maxcess’s Application conditioned upon the procurement of a $150,000 performance bond by the Company. Staff also recommended that the performance bond be in place for a period of two years.
COMMISSION FINDINGS
Based on our review of the record, including Staff’s recommendation, we find that the Application of Maxcess complies with Procedural Order No. 26665 and the Commission’s Rules to obtain a Certificate of Public Convenience and Necessity. We therefore approve Maxcess’s Application for a Certificate to provide local exchange telecommunications service and competitive local exchange services within the areas of the state served by U S WEST and GTE, conditioned upon the procurement of a performance bond by Maxcess and remain in effect for a period of two years.

O R D E R
IT IS HEREBY ORDERED that Maxcess, Inc. is granted a Certificate of Public Convenience and Necessity to provide resold and facilities-based local exchange services within the areas of Idaho currently served by U S WEST and GTE, conditioned upon the procurement of a $150,000 performance bond by Maxcess. The performance bond shall remain in effect for a period of two years.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of June 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

bls/O:gnrt009_ws

ORDER NO. 28413 1

Office of the Secretary
Service Date
June 15, 2000