27855.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF LEVEL 3 COMMUNICATIONS, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE TELECOM-MUNICATIONS SERVICES IN IDAHO.
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CASE NO. GNR-T-98-13
ORDER NO.   27855
On October 6, 1998, Level 3 Communications, LLC (Level 3) filed an Application for a Certificate of Public Convenience and Necessity in compliance with Rule 111 of the Commission’s Rules of Procedure, IDAPA 31.01.01.111 and the Commission’s Procedural Order No. 26665.
Level 3 seeks authorization to provide all forms of facilities-based and resold local exchange services pursuant to Title 61 of the Idaho Code within the U S WEST (north and south) and GTE service areas in Idaho.  In addition, Level 3 seeks authorization to provide switched access service pursuant to Title 62 of the Idaho Code to interexchange carriers within these areas of Idaho.
On November 23, 1998, the Commission issued a Notice of Modified Procedure soliciting comments in response to Level 3’s Application.  The only party to file comments was the Commission Staff.  Staff notes that Level 3 is owned and operated by its parent company PKS Information Services, Inc., which is in turn wholly-owned by Level 3 Communications, Inc.  As a start up limited liability company, Level 3 does not own any subsidiaries and will rely upon its parent company for financing and capital.
Based upon its review of Level 3’s Application and financial situation, Staff contends that the Company’s filing meets the requirements of the Commission’s Rules of Procedure and of Procedural Order No. 26665.  Staff recommends that Level 3 be granted a Certificate of Public Convenience and Necessity.
FINDINGS
We hereby find that on the basis of Level 3’s Application and the comments submitted by the Commission Staff in this proceeding, there exists good cause for the granting of a Certificate of Public Convenience and Necessity to Level 3 Communications, LLC authorizing it to provide telecommunications services within the state of Idaho.
O R D E R
IT IS HEREBY ORDERED that the Application of Level 3 Communications, LLC for a Certificate of Public Convenience and Necessity as described above is granted.
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-98-13 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 in interlocutory Orders previously issued in this Case No. GNR-T-98-13.  Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.  See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of December 1998.
                                                                                                                                      DENNIS S. HANSEN, PRESIDENT
                                                                                           RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
O:GNR-T-9813.bp
COMMENTS AND ANNOTATIONS
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Office of the Secretary
Service Date
December 31, 1998