20031107Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:LISA NORDSTROM
DATE:NOVEMBER 6, 2003
RE:IN THE MATTER OF THE APPLICATION OF ALTICOMM, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. CASE NO.
GNR- T -03-
On January 22 2003 , AltiComm, Inc. filed an Application for a Certificate of Public
Convenience and Necessity to resell basic local exchange service within the State of Idaho. The
Commission issued a Notice of Application and Modified Procedure on September 25 2003. Order
No. 29338. In comments filed October 16 2003 , Staff recommended denial ofthe Application due
to AltiComm s troubled financial condition. Although AltiComm expects to receive an influx of
venture capital in the short term, the Company requested leave to withdraw its Application without
prejudice in the attached email dated November 4, 2003. AltiComm indicated that it plans to refile
its Application as soon as the funding has been finalized and received.
STAFF RECOMMENDATION
Staff recommends the Commission approve the Company s request to withdraw its
Application and that Case No. GNR-03-6 be closed.
COMMISSION DECISION
Does the Commission wish to allow AltiComm, Inc. to withdraw its Application without
prejudice, thus closing the case?
/1'
M:GNRTO306 In
Page 1 of2
Lisa Nordstrom
From:Birdelle Brown
Sent: Tuesday, November 04 200310:02 AMTo: Lisa Nordstrom
Subject: FW: Alticomm Application for CPCN - Idaho
-----
Original Message-----
From: Corn blatt, Jim (mailto:jim.cornblatt(Q)alticomm.com)
Sent: Tuesday, November 04 20038:40 AM
To: Birdelle Brown
Cc: mhaab(Q)nbglaw.com; Stern, Allan; Bok, Alex; Richard Berenson (E-mail)
Subject: RE: Alticomm Application for CPCN - Idaho
Birdelle:
Per your voicemaillast Friday and in accordance with my voicemail yesterday, this will confirm that AltiComm
desires to withdraw its Application for CPCN in Idaho, without prejudice. As we discussed , we have received a
term sheet for funding by a respected venture capital firm and that funding would , we believe , alleviate staffs
concern as to AltiComm s finances. However, since we cannot be certain when the actual funds will arrive (and
historically, virtually all funding takes longer than promised), we do not want to ask the Commission for a short
delay when we cannot be certain that a short delay will be sufficient. As we discussed, we expect to re-file again
in the very near future, hopefully before the end of this year, as soon as the funding has been finalized and
received.
Thank you for your help and attention to this Application and please let me know if something more formal than
this e-mail is necessary to withdraw the Application. I will advise when we are ready to re-file.
Jim Cornblatt
AltiComm, Inc.
115 Shawmut Road
Canton, MA 02021
781-989-4500 ext.165 (V)
781-575-9221 (F)
-----
Original Message-----
From: Birdelle Brown (mailto:bbrown(Q)puc.state.id.us)
Sent: Friday, October 17, 2003 3:27
To: mhaab(Qjnbglaw.com; jim.cornblatt(Q)east-tel.com
Cc: Lisa Nordstrom
Subject: Alticomm Application for CPCN - Idaho
I am emailing each of you a courtesy copy of my comments to the Commission regarding your Application.
My purpose for this is to give you an opportunity to file reply comments. While this is not a routine
procedure, we feel that you ought to have the opportunity to address the concerns I included in my
comments.
If you choose to file reply comments, please have them delivered to us by October 27. (If you need more
time than this, please let me know). With or without your reply comments (or request for a later date), we
will seek a decision from the Commission at that time regarding your application.
Birdelle Brown
11/5/2003
Page 2 of2
Idaho Public Utilities Commission
208-334-0352
mi;!HtQ;RJ~fQWn~ P!JG,!) Ji;!t~jc:l.!J?
11/5/2003