28671.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF CONTACT COMMUNICATIONS, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE COMPETITIVE TELECOMMUNICATIONS SERVICES. )
)
)
)
)
)
)
)
CASE NO. GNR-T-01-1

ORDER NO. 28671
On February 12, 2001, the Commission received an Application from Contact Communications, Inc. for a Certificate of Public Convenience and Necessity to provide basic local exchange service throughout the State of Idaho. On March 5, 2001, the Commission received a petition from Contact Communications, Inc. seeking to withdraw its Application. The Commission grants Contact Communications’ request to withdraw its Application for a Certificate of Public Convenience and Necessity.
COMMISSION FINDINGS
Although Contact Communications requested authority to provide basic local exchange service, the Company subsequently stated to Staff that it only desires to provide data transmission service within Idaho. 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 data transmission service that Contact Communications describes is 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, Contact Communications will need to apply for a Certificate of Public Convenience and Necessity at that time.
As a non-basic local exchange service provider, Contact Communications will be subject to the Commission’s Title 62 authority, codified at Idaho Code §§ 62-601, et seq. Title 62 generally requires that Contact Communications 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 Contact Communications, 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-01-1 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-01-1. 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

O:gnrt011_ln

ORDER NO. 28671 -1-

Office of the Secretary
Service Date
March 20, 2001