981208.docx

DECISION MEMORANDUM
TO:COMMISSIONER HANSEN
COMMISSIONER NELSON
COMMISSIONER SMITH
MYRNA WALTERS
TONYA CLARK
RITA SCOTT
DON HOWELL
STEPHANIE MILLER
JOE CUSICK
DOUG COOLEY
DAVID SCOTT
WORKING FILE
FROM:BRAD PURDY
DATE:DECEMBER 8, 1998
RE:CASE NO.  GNR-T-98-13; APPLICATION OF LEVEL 3 COMMUNICATIONS, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY  TO PROVIDE TELECOMMUNICATIONS SERVICES IN IDAHO
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 and the Commission’s procedural telecommunications 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.
Staff has fully reviewed Level 3's Application and financial situation and believes that the Company’s filing meets the requirements of the Commission’s rules and of procedural Order No. 26665.  Staff recommends that Level 3 be granted a Certificate of Public Convenience and Necessity.
Commission Decision
Does the Commission wish to grant a Certificate to Level 3?

Brad Purdy
M:GNR-T-98-13.bp3