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HomeMy WebLinkAbout27548.docx(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF CTC TELECOM, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY . TO PROVIDE LOCAL EXCHANGE SERVICE AS A COMPETITIVE LOCAL CARRIERAND FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER                                                                                       ) ) ) ) ) ) ) ) CASE NO. GNR-T-98-4 NOTICE OF APPLICATION NOTICE OF MODIFIED          PROCEDURE ORDER NO.27548 On April 21, 1998, the Commission received an Application from CTC Telecom, Inc.for a Certificate of Public Convenience and Necessity to provide facilities based local exchange service and toll access telephone service as a competitive local exchange carrier to a new development called Hidden Springs to be located in Ada County near Boise, Idaho.  The incumbent local exchange carrier is U S WEST Communications, Inc.  CTC also requested it be designated as an eligible telecommunications carrier pursuant to Section 214(e)(2) of the federal Telecommunications Act of 1996. On May 26, 1998, CTC filed its price list with the Commission for information purposes pursuant to Idaho Code § 62-606. No interconnection agreements in Idaho have been negotiated. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that in this Application that CTC Telecom, Inc. requests the Commission issue it a Certificate of Public Convenience and Necessity to provide facilities based local exchange service and toll access telephone service as a competitive local carrier pursuant to the federal Telecommunications Act of 1996 to a new development called Hidden Springs to be located in Ada County near Boise, Idaho.  CTC provided information that appears to satisfy the requirements of Rule of Procedure 111, IDAPA 31.01.01.111, and Procedural Order No. 26665, issued November 7, 1996, which sets out the necessary information to be included with an Application for a Certificate submitted by a new local service provider in Idaho.   YOU ARE FURTHER NOTIFIED thatCTC intends to provide competitive service to a portion of U S WEST Communications, Inc.’sexisting service area. YOU ARE FURTHER NOTIFIED that this Application, together with supporting exhibits, has been filed with the Commission and is available for public inspection during regular business hours at the Commission offices. YOU ARE FURTHER NOTIFIED that CTC requests designation as an eligible telecommunications carrier and certifies that it meets the requirements for designation as an eligible telecommunications carrier.  The federal Telecommunications Act provides that a “State commission shall . . . upon request designate a common carrier that meets the requirements [established by the FCC] as an eligible telecommunications carrier for a service area designated by the State commission.”  47 U.S.C. § 214(e)(2).   YOU ARE FURTHER NOTIFIED that before a telecommunications corporation may receive federal universal service support, it must be designated as an eligible telecommunications carrier by the state public utility commission.  Federal universal support includes high cost support, reimbursement for discounts provided to low-income customers (Lifeline and Link Up programs), and support for health care providers. YOU ARE FURTHER NOTIFIED that to be designated as an eligible telecommunications carrier, a local exchange carrier must offer the following services as specified in the FCC’s Universal Service Order, CC Docket No. 96-45 (FCC 97-157), released May 8, 1997: single-party service voice grade access to the public switched network touch-tone service access to emergency services, including 911 and E911 access to operator services access to interexchange service access to directory assistance toll limitation services for qualifying low-income consumers Id. at ¶¶ 61-82.  CTC states that it will offer the above-listed services using its own facilities and generally advertises the availability of these services pursuant to 47 U.S.C. § 214(e)(1)(A) and (1)(B).  CTC further states that it will offer Lifeline services consistent with Idaho statutes and will make Link Up services(footnote: 1) available for qualifying low-income consumers.   YOU ARE FURTHER NOTIFIED thatin Order No. 27270 the Commission designated U S WEST as an eligible telecommunications carrier and established U S WEST’s service and support area at the wire center. YOU ARE FURTHER NOTIFIED that upon request and consistent with the public interest, convenience, and necessity, the Commission shall designate more than one common carrier as an eligible telecommunications carrier for a service area designated by the State commission, provided each additional requesting carrier meets the requirements set by 47 U.S.C. § 214(e)(1).  Among other things, 47 U.S.C. § 214(e)(1) requires a local exchange carrier to offer those services throughout the service area for which the designation is received. YOU ARE FURTHER NOTIFIED that CTC has requested an eligible telecommunications carrier designation in a portion of the incumbent local exchange carrier’s, U S WEST, service area.  CTC is requesting designation in a portion of the U S WEST Eagle wire center, although it may also extend into the Northwest wire center. 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 LLP BOISE, IDAHO  83720-0074P.O. BOX 2720 BOISE, IDAHO  83701-2720 Street Address for Express Mail: 472 W WASHINGTON ST 277 NORTH SIXTH STREET, SUITE 200 BOISE, IDAHO  83702-5983BOISE, IDAHO  83701-2720 These comments should contain the case caption and case number 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 Title 61 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61. O R D E R IT IS HEREBY ORDERED that upon review of the filings in this case and determination of the Commission, that this Case No. GNR-T-98-4 shall be processed by Modified Procedure, Commission Rules of Procedure 201-204, IDAPA 31.01.01.201-04. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of June 1998.                                                                                                                                       DENNIS S. HANSEN, PRESIDENT                                                                                            RALPH NELSON, COMMISSIONER                                                                           MARSHA H. SMITH, COMMISSIONER ATTEST:                                                                  Myrna J. Walters Commission Secretary O:gnrt984.cc FOOTNOTES 1: Link Up assists low-income subscribers to acquire new telephone service by paying half of the first $60.00 charge for the installation of service.  To be eligible for this program, an eligible subscriber must meet the state-established means test.  Link Up currently is funded through an adjustment that allocates the incumbent Local exchange carrier’s Link-Up cost to the interstate jurisdiction, effectively passing them onto interexchange carriers.  USF Order at ¶ 344. COMMENTS AND ANNOTATIONS Text Box 1: TEXT BOXES Office of the Secretary Service Date June 3, 1998