20101124notice_of_application_order_no_32128.pdf

Office of the Secretary
Service Date
November 24 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF LIBERTY-BELL TELECOM, LLC FOR
A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY NOTICE OF APPLICATION
CASE NO. LBT-IO-
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 32128
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED on June 23 , 2010, Liberty-Bell Telecom, LLC
LBT" or "Company ) filed an Application, including a copy of its illustrative tariff, for a
Certificate of Public Convenience and Necessity ("CPCN"), pursuant to Idaho Code 99 61-526
through -5281, Idaho Code 9 62-604, IDAPA 31.01.01.111 (Rule 111), IDAPA 31.42.01.202
(Rule 202) and Procedural Order No. 26665 , to provide facilities-based local exchange, switched
exchange access and non-facilities-based interexchange telecommunications services in Idaho.
Later, LBT filed a revised copy of its illustrative tariff.
YOU ARE FURTHER NOTIFIED that the Company states in its Application that it
proposes to offer competitive local exchange services initially including basic local exchange
services and custom calling features for residential and commercial subscribers. Subsequently,
the Company proposes to offer exchange access services to interconnecting carriers.
YOU ARE FURTHER NOTIFIED that the Company s local exchange services will
be provided on a facilities-based basis, utilizing the unbundled network elements of its
underlying carriers.Interexchange services will be offered exclusively on a resold, non-
facilities-based basis. LBT has no current plan to construct facilities or deploy equipment in
Idaho.
I Pursuant to the Idaho Telecommunications Act of 1988, specifically Idaho Code ~ 62-604(1)(a), LBT is exempt
from Title 61 regulation.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32128
YOU ARE FURTHER NOTIFIED that LBT's proposed Idaho service territory will
include all areas of Idaho currently being served by Qwest Corporation, its sole incumbent local
exchange carrier competitor.
YOU ARE FURTHER NOTIFIED that LBT will begin negotiating an
interconnection agreement with Qwest Corporation following the Commission s decision
regarding its Application.
YOU ARE FURTHER NOTIFIED that LBT has reviewed all of the Commission
rules and agrees to comply with such rules.
YOU ARE FURTHER NOTIFIED that LBT requests a waiver of the escrow account
requirement because it will not require its customers to submit advance payments or deposits in
exchange for service.
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:
Christina Neher
Chief Operating Officer
Liberty-Bell Telecom, LLC
2460 West 26th Avenue, Suite #380-
Denver, CO 80211
E- Mail: cneher~libertybelltelecom.com
472 W. Washington Street
Boise, ID 83702-5918
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32128
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.
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 Title 62 of the Idaho Code, specifically Idaho
Code 9 62-604 and 62-615. The Commission may enter any final Order consistent with its
authority under Title 62 and Commission Rule of Procedure 114, IDAPA 31.01.01.114.
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. 32128
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this J L/0
day of November 2010.
ATTEST:
Je D. Jewell
Commission Secretary
O:LBT-I0-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32128
IM D. KEMP , RESIDENT
Jf~
MARSHA H. SMITH , COMMISSIONER
MACK A. REDFORD, CO ISSIONER