28688.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF WORLDWIDE FIBER NETWORKS, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE COMPETITIVE TELECOMMUNICATIONS SERVICES. )
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CASE NO. GNR-T-00-14

ORDER NO. 28688
On May 11, 2000, the Commission received an Application from Worldwide Fiber Networks, Inc. (Worldwide) for a Certificate of Public Convenience and Necessity to provide dark fiber infrastructure as well as high bandwidth data services throughout the State of Idaho. On August 7, 2000, the Commission received a letter from Worldwide seeking to withdraw its Application. In its Decision Meeting on August 21, 2000, the Commission granted Worldwide’s request to withdraw its Application for a Certificate of Public Convenience and Necessity. This Order granting withdrawal of Worldwide’s Application memorializes the Commission’s decision.
COMMISSION FINDINGS
Staff and Worldwide discussed the Application and agreed that Worldwide did not require a Certificate of Public Convenience and Necessity to provide high bandwidth data services within Idaho. These high bandwidth data services would include private line transmissions, packet-based data services, Internet Protocol Transfer, and Asynchronous Transfer Mode to such customers as Internet Service Providers, telecommunications companies, and application service providers. Our Procedural Order No. 26665 and Idaho Code §§ 62-603 and 62-604 specifically contemplate that companies desiring to offer basic local exchange service (i.e., voice communications) obtain a Certificate of Public Convenience and Necessity. Inasmuch as the high bandwidth data services that Worldwide describes are not “basic local exchange service” as defined by Idaho Code, it does not need to obtain a certificate from the Commission. However, if the Company anticipates providing basic local exchange service to residential lines or up to five (5) business lines, Worldwide will need to apply for a Certificate of Public Convenience and Necessity at that time.
As a non-basic local exchange service provider, Worldwide will be subject to the Commission’s Title 62 authority, codified at Idaho Code §§ 62-601 et seq. Title 62 generally requires that Worldwide comply with registration requirements (§ 62-604); pay an annual regulatory fee (§ 62-611); adopt the Commission’s Telephone Customer Relations Rules (§§ 62-615(3), 62-622(5)); submit to the Commission’s complaint resolution procedures (§ 62-616); and file a tariff or price list (§ 62-606).
O R D E R
IT IS HEREBY ORDERED that Worldwide Fiber Network, Inc.’s request to withdraw its Application for a Certificate of Public Convenience and Necessity is granted pursuant to Commission temporary Procedural Rule 68.
THIS IS A FINAL ORDER. Any person interested in this Order or in interlocutory Orders previously issued in this Case No. GNR-T-00-14 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-00-14. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61-619 and 61626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of March 2001.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER
ATTEST:

Jean D. Jewell
Commission Secretary

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ORDER NO. 28687 -1-

Office of the Secretary
Service Date
March 26, 2001