28736.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF ESSEX COMMUNICATIONS DBA eLEC COMMUNICATIONS FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE FACILITIES-BASED LOCAL EXCHANGE AND INTERLATA INTEREXCHANGE
SERVICES IN IDAHO.
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CASE NO. GNR-T-00-26

ORDER NO. 28736
On August 9, 2001, Essex Communications dba eLEC Communications filed an Application for a Certificate of Public Convenience and Necessity. On April 18, 2001, the Commission issued a Notice of Application and Notice of Modified Procedure that required all written comments to be filed by the parties within twenty-one (21) days of its issuance. Order No. 28712. The Commission Staff was the only party to file written comments and it recommended that the Application be approved.
Based on the comments, the law and the record, the Commission grants the Company’s Application. The Commission further finds that the Certificate should be issued subject to the posting of a bond.
BACKGROUND
Essex Communications, Inc. dba eLEC Communications (Essex) filed an Application for a Certificate of Public Convenience and Necessity (CPCN) in compliance with Commission Rules of Procedure, IDAPA 31.01.01.111 and Procedural Order No. 26665. Essex is seeking authorization to provide resold local exchange services within the service areas of Qwest North, Qwest South, and Verizon within the state of Idaho. Specifically, the Company's accompanying Application and example tariff states its intention to provide all forms of intrastate local exchange services and interexchange services to both business and residential customers. Essex states that it will initially provide service through resale agreements with incumbent local exchange carriers. If market conditions allow, Essex may build its own facilities. Some of these services include local dial tone for both business and residences at flat rates, 1+ outbound long distance service, calling cards, directory assistance, high-speed data services, and some feature services such as call forwarding and Caller ID.
Essex is a New York corporation with headquarters in Melville, New York and is a subsidiary of eLEC Communications Corp. (ELEC:NASDAQ), headquartered in Norwalk, Connecticut. The Company has obtained a Certificate of Authority from Idaho's Secretary of State on July 18, 2000, and has obtained authority to provide local service in several other states. Essex does not maintain an office in Idaho but does have a registered agent for this state.
Essex contends that it has the necessary technical and financial ability to provide service in Idaho and has stated its intent to comply with Idaho rules and laws.
STAFF RECOMMENDATION
Based on a review of Essex Communications, Inc.’s Application, Staff believes that the Company’s filing has satisfied all the requirements of the Commission’s Rules and Procedural Order No. 26665. Therefore, Staff recommends approval of the Application for a Certificate of Public Convenience and Necessity contingent upon the Company’s posting of a $25,000 bond because of its lack of operating history in this state.
COMMISSION FINDINGS
Based on the comments, the law and the record, the Commission grants the Application. The Commission further finds that the Certificate should be issued subject to Essex providing evidence of establishment of a $25,000 bond.
O R D E R
IT IS HEREBY ORDERED that Essex Communications dba eLEC Communications. is granted a Certificate of Public Convenience and Necessity to provide basic local exchange services subject to the posting of a $25,000 bond.
THIS IS A FINAL ORDER. Any person interested in this Order or in interlocutory Orders previously issued in this case 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. 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 May 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

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ORDER NO. 28736 1

Office of the Secretary
Service Date
May 25, 2001