28246.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF @LINK NETWORKS, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE SERVICES
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CASE NO. GNR-T-99-18

ORDER NO. 28246

On August 25, 1999, @Link Networks, Inc. (@Link) filed an Application for a Certificate of Public Convenience and Necessity to provide digital subscriber line service (xDSL) within the state of Idaho. On November 18, 1999, @Link formally withdrew its Application. Because this service is a “data only” service, Staff advised @Link that the Company does not require a Certificate of Public Convenience and Necessity to provide xDSL in the state of Idaho. Consequently, on November 19, 1999, the Company withdrew its Application.

FINDINGS
Staff is correct in its contention that xDSL providers do not require a Certificate of Public Convenience and Necessity from this Commission pursuant to Idaho Code § 61-526. We hereby accept @Link’s withdrawal of its Application and close this case.

O R D E R
IT IS HEREBY ORDERED that the withdrawal of @Link’s Application for a Certificate of Public Convenience and Necessity as set forth above is accepted. This case is closed.
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-99-18 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-99-18. 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 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/GNR-T-99-18_bp

ORDER NO. 28246 1

Office of the Secretary
Service Date
January 5, 2000