27879.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF ADVANCED TELCOM GROUP, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE INTRASTATE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF IDAHO.
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CASE NO. GNR-T-98-15
ORDER NO. 27879
On October 7, 1998, Advanced Telecom Group, Inc. (ATGI) filed an Application for a Certificate of Public Convenience and Necessity to provide intrastate telecommunications services within the state of Idaho.  ATGI intends to construct a fiber optic network in the Boise area and to provide a full range of telecommunications services to business and residential customers using its own facilities as well as unbundled network elements and the resale of the incumbent local exchange carriers’ facilities.  ATGI identified the existing service areas of U S WEST and GTE as the areas in which it intends to compete.  
On December 7, 1998, the Commission issued a Notice of Modified Procedure soliciting comments in response to ATGI’s Application.  The only party to file comments was the Commission Staff.  Those comments were submitted on December 14, 1998.  
Staff has reviewed the information provided by ATGI in its Application and believes that it satisfies the requirements of Rule 111 of the Commission’s Rules of Procedure, IDAPA 31.01.01.111, and Procedural Order No. 26665 which sets out the necessary information to be included with an Application for a Certificate.
ATGI is headquartered in Los Altos, California and is a Delaware corporation with authority to operate in Idaho.  The Application indicates that the Company initially intends to construct a fiber optic ring network in the Boise area and to extend service from there using expansions to own network as well as leased facilities.  Moreover, based upon the financial information provided by ATGI, Staff believes that the Company has sufficient financial resources to perform the services that it has identified in its Application.  ATGI has provided an illustrative tariff with its Application demonstrating an understanding of tariffing requirements and processes, Staff observed.  Staff recommends that the Commission issue the Certificate sought by ATGI.
FINDINGS
We hereby find that on the basis of ATGI’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 ATGI authorizing it to provide telecommunications services within the service areas of U S WEST and GTE in the state of Idaho.
O R D E R
IT IS HEREBY ORDERED that the Application of ATGI for a Certificate of Public Convenience and Necessity is granted subject to the terms and conditions set forth above.
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-98-15   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-98-15 .  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 January 1999.
                                                                                                                                      DENNIS S. HANSEN, PRESIDENT
                                                                                           RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
bp/O:GNR-T-98-15
COMMENTS AND ANNOTATIONS
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Service Date
January 15, 1999