28327.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF PAC-WEST TELECOMM, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES.
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ORDER NO. 28327

On October 22, 1999, an Application for a Certificate of Public Convenience and Necessity was filed by Pac-West Telecomm, Inc. (Pac-West). Pac-West requests a certificate authorizing it to provide local exchange telecommunication services within the state. The Application states that Pac-West intends to offer facilities-based and resold local and long-distance services and thus intends to compete with all interexchange carriers and local exchange carriers providing service within the state. According to its Application, Pac-West does not yet have interconnection agreements with incumbent local providers, but has requested to negotiate an interconnection agreement with U S WEST Communications, Inc.
On February 15, 2000, the Commission issued a Notice of Application and Notice of Modified Procedure to process the Application. During the comment period, written comments were filed by the Commission Staff and by the Idaho Telephone Association (ITA). Staff reviewed the Application and stated that it complies with the Commission’s rules and procedural Order setting forth the requirement of an Application for a Certificate. ITA filed comments to remind the Commission that rural telephone companies may be exempt from the interconnection requirements of Section 251 of the Telecommunications Act of 1996. Staff recommends that Pac-West’s application for a Certificate of Public Convenience and Necessity be approved.
COMMISSION FINDINGS
Based on our review of the record, including the filed written comments and Staff’s recommendation, we find that the Application of Pac-West complies with Procedural Order No. 26665 and the Commission’s Rules to obtain a Certificate of Public Convenience and Necessity.

O R D E R
IT IS HEREBY ORDERED that Pac-West Telecomm, Inc. is granted a Certificate of Public Convenience and Necessity to provide local telecommunications services within the state.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. 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 March 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

Myrna J. Walters
Commission Secretary

vld/O:GNR-T-99-21 _ws2

ORDER NO. 28327 1

Office of the Secretary
Service Date
March 29, 2000