27175.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE IDAHO TELE­PHONE ASSOCIATION’S REQUEST FOR ELIGIBLE TELECOMMUNICATIONS CARRIER DESIGNATION ON BEHALF OF
ITS MEMBER LOCAL EXCHANGE
CARRIERS.
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CASE NO.  GNR-T-97-17
NOTICE OF PETITION
NOTICE OF MODIFIED
         PROCEDURE
ORDER NO. 27175
On September 11, 1997, Idaho Telephone Association (ITA) filed a Petition on behalf of its member local exchange carriers requesting the Commission initiate a proceeding to designate those carriers as “Eligible Telecommunications Carriers” pursuant to the federal Telecommunica­tions Act of 1996.  Those Petitioners are: Albion Telephone Company; Westel; Cambridge Telephone Company; Council Telephone Company; Custer Telephone Coop.; Farmers Mutual Telephone Cooperative; Filer Mutual Telephone Company;  Project Mutual Telephone Cooperative Association; Fremont Telcom Co.; Inland Telephone Company; Midvale Telephone Exchange; Sawtooth Telephone; Mud Lake Telephone Coop.; Oregon-Idaho Utilities; Direct Communications Lakeside; Direct Communications Rockland; Rural Telephone Company; Silver Star Telephone Company; and, Columbine Telephone Company.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED in this Petition that ITA requests the Commission:
1.Designate each Petitioner as an “Eligible Telecommunications Carrier” for the purposes of receiving universal service support in accordance with section 254 of the federal Telecommunications Act (47 U.S.C. § 254) pursuant to 47 U.S.C. § 153(37); and
2.Designate each Petitioner as an “Eligible Telecommunications Carrier” pursuant to section 102 of the federal Telecommunications Act (47 U.S.C. § 214(e)(2)) for the purposes of receiving all universal service supports, exemptions or other benefits that are or may be afforded to “Eligible Telecommunications Carriers;” and
3.Order that the designation of each Petitioner as an “Eligible Telecommunications Carrier” apply throughout that Petitioner’s respective Idaho study areas as included in its Certificate of Public Convenience and Necessity; and
4.Suspend the incumbent LEC obligations of 47 U.S.C. § 251(c) for each Petitioner for a period of three (3) years, beginning January 1, 1998; and
5.Suspend or waive any requirement that the Petitioner provide “toll control.”
The ITA further requested the Commission require a settlement conference between the Commission Staff and ITA to verify the proper boundaries and further that this Petition proceed under the Commission’s Modified Procedure pursuant to the Commission Rules 201 through 204.  YOU ARE FURTHER NOTIFIED that this Petition, together with supporting exhibits and testimony has been filed with the Commission and is available for public inspection during regular business hours at the Commission offices.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and, therefore, will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission's Rules of Procedure, IDAPA 31.01.01.201 through -.204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice.  The comment must contain a statement of reasons supporting the comment.  Persons desiring a hearing must specifically request a hearing in their written comments.  Written comments concerning this application shall be mailed to the Commission and the Applicants at the addresses reflected below:
COMMISSION SECRETARYCONLEY E. WARD
IDAHO PUBLIC UTILITIES COMMISSIONMICHAEL C. CREAMER
PO BOX 83720GIVENS PURSLEY & HUNTLEY LLP
BOISE, IDAHO  83720-0074P.O. BOX 2720
BOISE, IDAHO 83701-2720
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, IDAHO  83702-5983
These comments should contain the case caption and case numbers shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments are received within the time limit set, the Commission will consider this matter on its merits and enter its Order without a formal hearing.  If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Titles 61 and 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61 or Title 62.
O R D E R
IT IS HEREBY ORDERED that this matter be processed under Modified Procedure.  Persons interested in submitting written comments in this matter should do so within twenty-one (21) days of the date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of October 1997.
                                                                                                                                      DENNIS S. HANSEN, PRESIDENT
                                                                                           RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
O:GNR-T-97-17.cc
COMMENTS AND ANNOTATIONS
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Service Date
October 22, 1997