28874.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF EL PASO NETWORKS, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE COMPETITIVE TELECOMMUNICATIONS SERVICES. )
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CASE NO. GNR-T-01-8

ORDER NO. 28874
On May 9, 2001, the Commission received an Application from El Paso Networks, LLC for a Certificate of Public Convenience and Necessity to provide basic local exchange service throughout the State of Idaho. On August 14, 2001, the Commission received a petition from El Paso Networks, LLC seeking to withdraw its Application. The Commission grants El Paso Networks’ request to withdraw its Application for a Certificate of Public Convenience and Necessity.
COMMISSION FINDINGS
Although El Paso Networks requested authority to provide basic local exchange service, the Company subsequently stated to Staff that it only desires to provide high-speed wholesale and private line 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., two-way switched, interactive voice communications) obtain a Certificate of Public Convenience and Necessity. Inasmuch as the data transmission service that El Paso Networks 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, El Paso Networks will need to apply for a Certificate of Public Convenience and Necessity at that time.
As a non-basic local exchange service provider, El Paso Networks will be subject to the Commission’s Title 62 authority, codified at Idaho Code §§ 62-601 et seq. Title 62 generally requires that El Paso Networks 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 El Paso Networks, LLC’s request to withdraw its Application for a Certificate of Public Convenience and Necessity is granted pursuant to Commission 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-01-8 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-01-8. 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 October 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

JEAN D. JEWELL
Commission Secretary

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ORDER NO. 28874 -1-

Office of the Secretary
Service Date
October 10, 2001