20091229notice_of_application_order_no_30968.pdf

Office of the Secretary
Service Date
December 29, 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF MITEL NETSOLUTIONS, INc. FOR CASE NO. ITN-09-
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO NOTICE OF APPLICATION
PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES NOTICE OF
WITHIN THE STATE OF IDAHO MODIFIED PROCEDURE
ORDER NO. 30968
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on November 25 2009, Mitel NetSolutions
Inc. ("MiteI" or "Company ) filed an Application for a Certificate of Public Convenience and
Necessity pursuant to Idaho Code ~~ 61-526 through 528, IDAPA 31.01.01.111 and
Commission Order No. 26665, to provide local exchange telecommunications services within the
State ofIdaho.
YOU ARE FURTHER NOTIFIED that Mitel proposes to offer resold local exchange
service throughout the service areas of Qwest North, Qwest South and Verizon, utilizing the
facilities of the incumbent LECs (ILECS).
YOU ARE FURTHER NOTIFIED that Mitel does not plan to install facilities in
Idaho. The Company intends to provide all forms of intrastate local exchange and interexchange
telecommunications services including: switched local exchange, non-switched local service
(e., private line), Centrex and/or Centrex-like services, and Digital subscriber line (ISDN).
YOU ARE FURTHER NOTIFIED that the Company requests authority to resell local
exchange services initially throughout the State where provided by incumbent LECs, except
areas already serviced by any LECs which are eligible for a small or rural carrier exemption.
YOU ARE FURTHER NOTIFIED that Mitel has attached a copy of its illustrative
tariff to its Application. The Company has reviewed the laws and regulations of this
Commission governing local exchange telecommunications services in Idaho and agrees to
provide service with all laws, rules and regulations to the extent they are not preempted by the
Federal Act.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30968
YOU ARE FURTHER NOTIFIED that Mitel states that it has not initiated
interconnection or resale negotiations for network interconnection.
YOU ARE FURTHER NOTIFIED that the Company will not reqUIre advance
payments or deposits from its customers; therefore, no escrow account is being filed.
NOTICE OF MODIFIED PROCEDURE
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. The Commission notes that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation.
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 service 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, ID 83720-0074
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5918
Lance J.M. Steinhart
Lance J.M. Steinhart, P.
Legal Counsel for Mitel NetSolutions, Inc.
1720 Windward Course, Suite 115
Alpharetta, GA 30005
Mail: IsteinhartC0telecomcounse1.com
These comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments via e-mail may do so by accessing the
Commission s home page located at www.puc.idaho.gov. Click the "Comments and Questions
icon and complete the comment form using the case number as it appears on the front of this
document. These comments must also be sent to the Applicant at the e-mail address listed
above.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30968
YOU ARE FURTHER NOTIFIED that if no written comments or protests 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 has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices. The Application is also available on the Commission s web site at
www.puc.idaho.gov and then clicking on "File Room" and then "Telephone Cases.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Titles 61 and 62 of the Idaho Code and
specifically Idaho Code ~~ 61-526 and 62-615. 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.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure. Persons interested in submitting written comments regarding this case or protesting
the use of Modified Procedure should do so no later than 21 days from the service date of this
Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30968
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;z
day of December 2009.
ATTEST:
fit
&b iAu.---
foiJfAA
(Jt,
arbara Barrows
Assistant Commission Secretary
O:ITN-09-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30968
~L~~
JIM D. EMPTON, P SI NT
Ji~
MARSHA H. SMITH, COMMISSIONER
'J'-f"'-.c---
MACK A. REDFORD, CO