28168.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF ACCESS 21 CORPORATION DBA NEW EDGE NETWORKS FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.
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ORDER NO. 28168
On July 27, 1999, Access 21 Corporation dba New Edge Networks filed an Application for a Certificate of Public Convenience and Necessity to provide local exchange service, resold local exchange service, facilities based service and interexchange service as a competitive local carrier within U S WEST Communications, Inc.’s and GTE Northwest Incorporated’s respective service territories. Application at 1.
On September 3, 1999, the Commission ordered the matter be considered under Modified Procedure. Order No. 28140.
On September 17, 1999, New Edge withdrew its Application pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.067. New Edge indicated that while it would provide Digital Subscriber Loop services by leasing local loops of incumbent local exchange carriers and competitive local exchange carriers currently operating in Idaho, it would not provide business or residential local exchange services and, therefore, it was withdrawing its Application. Staff recommended closing the case without prejudice.
Based on the record and the withdrawal of the Application, the Commission dismisses the case without prejudice and orders the docket be closed effective October 1, 1999, fourteen (14) days after the Notice of Withdrawal was filed with the Commission.
O R D E R
IT IS HEREBY ORDERED that this proceeding is closed without prejudice as discussed 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-99-13 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-99-13. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code  61626.
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

O:gnrt9913_cc2

ORDER NO. 28168 -1-

Office of the Secretary
Service Date
October 12, 1999