28909.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF TEL WEST COMMUNICATIONS, LLC
FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
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CASE NO. GNR-T-01-18

ORDER NO. 28909

On August 16, 2001, Tel West Communications, LLC filed an Application for a Certificate of Public Convenience and Necessity (“CPCN”) to provide resold local exchange services throughout Idaho. Tel West is a privately owned limited liability company organized under the laws of the State of Arizona. The Company’s primary business address is in Seattle, Washington. Tel West has registered with the Secretary of State for the State of Idaho as required by Idaho Code § 53-651 and thus can transact business in this state if a CPCN is granted.
The Commission issued a Notice of Application and Notice of Modified Procedure in this case on October 18, 2001. Order No. 28881. The Commission Staff and Idaho Telephone Association (“ITA”) filed written comments in response to this Notice. Based on the comments, the law, and the record, the Commission grants the Company’s Application. The Commission further finds that a Certificate will be issued subject to the posting of a bond.
STAFF RECOMMENDATION
Staff believes that Tel West has met all the requirements necessary for a CPCN to be granted. Accordingly, Staff recommended approval of Tel West’s Application for a CPCN. However, because Tel West will bill in advance for its services and has not established a working history in Idaho, Staff recommended that the Commission grant this Application subject to the posting of a $20,000 performance bond for a period of two years to protect customers’ advance payments.
ITA’S COMMENTS
ITA stated that any grant of a CPCN to Tel West should be subject to the exemption of ITA members from the obligations of incumbent local exchange carriers under Section 251(c) of the 1996 Act, until such time as the requirements for lifting such exemption contained in Section 251(f) of the 1996 Act have been met.

COMMISSION FINDINGS
Based on the comments, the law, and the record, the Commission grants the Application. The Commission further finds that the Certificate shall be issued subject to Tel West providing evidence of establishment of a $20,000 performance bond. Finally, as ITA stated this grant of a CPCN to Tel West is subject to the exemption of ITA members from the obligations of incumbent local exchange carriers under Section 251(c) of the 1996 Act, until such time as the requirements for lifting such exemption contained in Section 251(f) of the 1996 Act have been met.
O R D E R
IT IS HEREBY ORDERED that Tel West Communications, LLC’s Application for a Certificate of Public Convenience and Necessity is granted subject to the requirement that the Company provide evidence to the Commission of establishment of a $20,000 bond.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. GNR-T-01-18 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 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 and 62-619.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of December 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

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ORDER NO. 28909 1

Office of the Secretary
Service Date
December 6, 2001