28727.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF 360networks (USA) inc. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES.
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NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

ORDER NO.  28727

On September 28, 2000, 360networks (USA) inc. (360networks) filed an Application for a Certificate of Public Convenience and Necessity to provide local exchange service within the state of Idaho. Its Application states that 360networks is a Nevada corporation and was organized to provide resold and facilities-based local exchange services. 360networks states that it intends to provide resold local exchange services and eventually facilities-based services in Idaho, and will begin providing service upon certification and finalization of interconnection agreements with incumbent local exchange carriers.
YOU ARE HEREBY NOTIFIED that although 360networks seeks statewide authorization to provide resold and facilities-based local exchange services, the Company does not plan to provide local exchange service in those areas where incumbent local exchange companies qualify for the rural exemption pursuant to Section 251(f) of the federal Telecommunications Act. The Company stated that it does not currently own facilities in the state of Idaho but once it finalizes its construction plans for facilities, it will inform the Commission.
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and 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
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074

Street Address for Express Mail:

472 W WASHINGTON ST
BOISE, IDAHO 83720-5983 LANCE J.M. STEINHART
ATTORNEY AT LAW
6455 EAST JOHNS CROSSING, SUITE 285
DULUTH, GA 30097

360networks (USA) inc.
143 UNION BOULEVARD, SUITE 300
LAKEWOOD, CO 80228
All 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 the Application together with supporting workpapers, testimonies and exhibits, have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
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.
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.
O R D E R
IT IS HEREBY ORDERED that the Application of 360networks (USA) inc. for a Certificate of Public Convenience and Necessity be processed by Modified Procedure, IDAPA 31.01.01.201-.204. Persons interested in submitting written comments in this matter should do so no later than 21 days from the service date of this Order.

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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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28727 1

Office of the Secretary
Service Date
May 14, 2001