20040601Clarify Final Order No 29508.pdf

Office of the Secretary
Service Date
June 1, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VERIZON AVENUE CORP. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS
SERVICES.
ORDER NO. 29508
CASE NO. GNR- T -03-
On May 13 , 2004, the Commission issued Order No. 29497 approvIng Verizon
Avenue Corporation s request for a Certificate of Public Convenience and Necessity. In
response to written comments filed by the Idaho Telephone Association, the Commission
included in its final Order a notation that the CPCN issued to Verizon Avenue "is subject to the
exemption of Idaho Telephone Association members from the obligations of incumbent local
exchange carriers under Section 251(c) of 1996 Act." On May 18, 2004, Potlatch Telephone
Company, CenturyTel of Idaho, Inc. and CenturyTel of the Gem State filed a Petition for
Clarification of Order No. 29497. The three companies requested the Commission clarify Order
No. 29497 "so that the exemption is recognized to apply to all rural incumbent local exchange
carriers and not just ITA members.
The Commission has determined to approve the Petition for Clarification and issue
this Order clarifying Order No. 29497 to make clear that the exemption under Section 251(c) of
the Telecom Act applies to all rural telephone carriers and not just ITA members. Specifically,
the reference to members of the Idaho Telephone Association in the sentence quoted above
should instead be a reference to rural telephone carriers.
ORDER
IT IS HEREBY ORDERED that Order No. 29497 issued in Case No. GNR-O3-
is clarified to make clear that the exemption in Section 251 (c) of the 1996 Telecommunications
Act applies to all rural telephone carriers, not just rural carriers that are members of the Idaho
Telephone Association. Specifically, the sentence on page 2 of Order No. 29497 stating the
Certificate issued to Verizon Avenue "is subject to the exemption of Idaho Telephone
Association members from the obligations of incumbent local exchange carriers under Section
251(c) of the 1996 Act " is hereby clarified to state that Verizon Avenue s Certificate "is subject
ORDER NO. 29508
to the exemption of rural telephone carriers from the obligations of incumbent local exchange
carriers under Section 251 (c) of the 1996 Act."
THIS IS AN ORDER ISSUED TO CLARIFY A FINAL ORDER. Pursuant to Rule
325 of the Commission s Rules of Procedure, IDAPA 31.01.01.325 , this Order does not suspend
or toll the time for the filing of a petition for reconsideration.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ~51' tI--
day of May 2004.
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSE , COMMISSIONER
ATTEST:
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ORDER NO. 29508