26787.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF GST IDAHO LIGHTWAVE, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE SERVICES AS A COMPETITIVE LOCAL CARRIER.
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CASE NO. GST-T-96-1
ORDER NO.  26787
On March 28, 1996, GST Idaho Lightwave, Inc. (GST) filed documents requesting a Certificate of Public Convenience and Necessity in the state of Idaho.  GST was the first telecommunications company to seek a certificate in Idaho following passage of the federal Telecommunications Act of 1996.  After GST filed its Application, the Commission issued Procedural Order No. 26665 to clarify the filing requirements for companies requesting a certificate pursuant to the Commission’s Rule of Procedure 111 (IDAPA 31.01.01.111).  The Commission issued a Notice of Application and Modified Procedure on December 5, 1996, to process GST’s Application.  
Written comments were filed in this case by the Idaho Telephone Association (ITA) and Century Telephone Enterprises, Inc. and TDS Telecom.  The only concern raised by the Century/TDS comments are “whether [GST intends] to provide local exchange and other services within exchanges other than the U S WEST and/or GTE service territories.”  The comments filed by the ITA raise the same issue, and also assert that the materials filed by GST on March 28, 1996 are insufficient on their face.  For example, the ITA asserts that the materials “fail to provide the required business information,” nor do they “indicate the kind of facilities intended to be constructed, a timetable for completion, or what, if any interconnection agreements are anticipated to serve the Boise exchange or any other exchanges.”  
Since the initial filing by GST, the Company filed additional information to comply with the Commission’s Procedural Order No. 26665 and Rule 111.  With its additional materials filed, GST provided the required business information as well as the other materials necessary to determine the type of facilities and arrangements the Company anticipates is required to begin to provide local service.  GST also clarified that it requests certification only in the areas currently served by U S WEST and GTE.  According to Staff, GST has complied with the Commission’s requirements to receive a Certificate of Public Convenience and Necessity to provide Title 61 services in the areas presently served by U S WEST and GTE.
COMMISSION FINDINGS
Based on our review of the record, including the written comments and the supplemental filing by GST, we find that the Application of GST Idaho Lightwave, Inc. complies with Procedural Order No. 26665 and the Commission’s rules to obtain a Certificate of Public Convenience and Necessity.  We therefore approve GST’s Application for a Certificate to provide local exchange service only in the areas served by U S WEST and GTE.
O R D E R
IT IS HEREBY ORDERED that GST Idaho Lightwave, Inc. is granted a Certificate of Public Convenience and Necessity to provide local telecommunications service only in the areas served by U S WEST and GTE.
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 § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of  February 1997.
                                                                                                                                      RALPH NELSON, PRESIDENT
                                                                                           MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
bls/O-gstt961.ws
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Service Date
February 5, 1997