28176.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF JATO OPERATING TWO CORP. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES.
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NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 28176

YOU ARE HEREBY NOTIFIED that on June 30, 1999, JATO Operating Two Corp. (JATO) filed an Application with this Commission for a Certificate of Public Convenience and Necessity to provide facilities-based competitive local telecommunications services in the state of Idaho. JATO is a newly formed Delaware corporation with headquarters in Denver, Colorado. The Application states that JATO intends to provide primarily high-speed DSL data-based telecommunication services using the incumbent local exchange carrier’s unbundled network elements in conjunction with its own facilities collocated at the incumbent’s central office.
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and 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 Applicant at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074

Street Address for Express Mail:

472 W WASHINGTON ST
BOISE, IDAHO 83720-5983 BRAD E. MUTSCHELKNAUS
KELLEY DRYE & WARREN LLP
1200 19TH STREET, NW, STE 500
WASHINGTON, DC 20036

DAVID BRYSON
JATO OPERATING TWO CORP.
1900 18TH STREET, STE 700
DENVER, CO 80202
All 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 the Application together with supporting workpapers, testimonies and exhibits, have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
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.
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.

O R D E R
IT IS HEREBY ORDERED, based on the record in this case and the determination of the Commission, that the Application of JATO Operating Two Corp. for a Certificate of Public Convenience and Necessity be processed by Modified Procedure, IDAPA 31.01.01.201-.204.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of October 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:GNR-T-99-10-ws

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28176 1

Office of the Secretary
Service Date
October 13, 1999