20040112Notice of Application Order No 29415.pdf

Office of the Secretary
Service Date
January 12, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF KMC TELECOM V, INc. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS SERVICES.
CASE NO. KMC-O3-
NOTICE OF APPLICATION
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 29415
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on October 28, 2003 , KMC Telecom V, Inc.
KMC V" or "Company ) filed an Application for a Certificate of Public Convenience and
Necessity to provide facilities-based and resold competitive local exchange and interexchange
services throughout the State ofIdaho.
YOU ARE FURTHER NOTIFIED that KMC V's parent company is KMC Telecom
Holdings, Inc., a Delaware corporation with its principal offices located in Bedminster, New
Jersey. Although KMC V does not maintain offices in Idaho, the Company asserts that it has
obtained a Certificate of Good Standing from the Idaho Secretary of State and maintains a local
service agent. KMC V asserts that it is well qualified managerially, technically and financially
to provide the competitive local exchange and interexchange telecommunications services.
YOU ARE FURTHER NOTIFIED that KMC V seeks authority to provide all forms
of switched, dedicated, and interexchange telecommunications services throughout the State of
Idaho. KMC V also intends to provide its Idaho customers with access to directory assistance
operator services, emergency 911 services, and telephone relay services independently or
through arrangements with other carriers. As such, KMC V intends to compete with incumbent
local exchange corporations in Idaho, including, but not limited to Qwest Corporation, as well as
other competitive local exchange carriers and MTS/W A TS long distance service providers.
this time, however, the Company would not enter into competition with a rural local exchange
carrier until the Commission has found such competition to be in the public interest as set out in
Section 251(f)(1) of the Telecommunications Act of 1996.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29415
YOU ARE FURTHER NOTIFIED that KMC is planning on providing
interexchange services by reselling another carrier s interexchange services.At present
however, KMC V has not entered into a resale agreement with any providers of interexchange
servIce.
YOU ARE FURTHER NOTIFIED that KMC V does not intend to collect end user
deposits and/or advance payments from its customers. In the event KMC V decides in the future
to require deposits and/or advance payments, the Company states that it will comply with all
applicable federal and state laws, rules, and regulations, including modifying its existing tariffs.
YOU ARE FURTHER NOTIFIED that the Application states that KMC V has
reviewed and agrees to adhere to all state laws and all Commission policies, rules and orders
applicable to competitive local and intrastate interexchange carriers in the state ofIdaho.
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.
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:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29415
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
Brad Mutschelknaus
Eric Jenkins
Kelley Drye & Warren LLP
1200 19th Street, N., Suite 500
Washington, DC 20036
Riley M. Murphy
Senior Vice President/Legal Affairs
KMC Telecom V, Inc.
1545 Route 206, Suite 300
Bedminster, NJ 07921
document.
These comments should contain the case caption and case number shown on the first page of this
Persons desiring to submit comments via e-mail may do so by accessing the
Commission s home page located at www.puc.state.id.. Click the "Comments and Questions
icon, and complete the comment form, using the case number as it appears on the front of this
document.
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 together with supporting
workpapers, testimonies and exhibits, have been filed with the Commission and are available for
public inspection during regular business hours at the Commission offices.
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 that the
Commission may enter any final Order consistent with its authority under the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, ID AP A 31.01.01.000 et seq.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29415
ORDER
IT IS HEREBY ORDERED that the Application of KMC Telecom V, Inc. for a
Certificate of Public Convenience and Necessity be processed by Modified Procedure, IDAP A
31.01.01.201-204. Persons interested in submitting written comments in this matter should do
so no later than 21 days from the service date of this Order.
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this /.:t
-t#.
day of January 2004.
iJ(
MARSHA H. SMITH, COMMISSIONER
ENNIS S. H SE , COMMISSIONER
ATTEST:
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D. Jewell
Commission Secretary
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29415