28734.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF Z-TEL COMMUNICATIONS, 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.  28734

YOU ARE HEREBY NOTIFIED that on November 29, 2000, Z-Tel Communications, Inc. (“Z-Tel”) filed an Application for a Certificate of Public Convenience and Necessity to provide local exchange service within the State of Idaho. Z-Tel requests authority to provide basic facilities-based local exchange service to Idaho residential and business customers via an unbundled network element platform through interconnection agreements with incumbent local exchange carriers. The services that Z-Tel intends to offer will be in addition to the long distance services that the Company has previously received authority to provide statewide. The Company intends to offer service immediately upon certification and approval of its interconnection agreement. Application at 5.
YOU ARE FURTHER NOTIFIED that Z-Tel’s primary market is residential customers and that it has in excess of 256,000 residential local exchange access line subscribers in other states. Application at 4 and 5. Z-Tel intends to provide a network bundled telecommunication service that would include long distance service, local exchange service, voice mail and selected custom calling features. Application at 5. The Company states it will ensure customer access to emergency services such as 911/E911, operator services and directory assistance. Id.
YOU ARE FURTHER NOTIFIED that Z-Tel initially intends to offer service in the geographic areas currently served by Qwest Corporation. Z-Tel states it will “mirror the basic local calling scopes” of the incumbent local exchange companies. Id.
YOU ARE FURTHER NOTIFIED that Z-Tel requests several exemptions from Commission rules, including the requirements to have a guarantee form on file (IDAPA 31.41.01, Rules 101 to 103.02); to adopt a maintenance program for outside plant facilities and equipment (IDAPA 31.41.02, Rule 502); to issue press releases advising customers of its application to change rates (IDAPA 31.41.02, Rule 102.3); to provide at least one directory annually at no charge (IDAPA 31.41.01, Rule 601); to provide a summary of the Commission’s rules to customers at least once a year and at the commencement of service (IDAPA 31.41.01 Rule 602); and to follow general reporting requirements applicable to incumbent local exchange carriers. Application at 6 and 7.
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 TIMOTHY SEAT
VICE PRESIDENT -- REGULATORY AFFAIRS
Z-TEL COMMUNICATIONS, INC.
777 SOUTH HARBOUR ISLAND BLVD., STE. 990
TAMPA, FLORIDA 33602

MONIQUE BYRNES
TECHNOLOGIES MANAGEMENT, INC.
PO BOX 200
WINTER PARK, FLORIDA 32789
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 Z-Tel Communications, 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. 28734 1

Office of the Secretary
Service Date
May 21, 2001