28963_mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF LEVEL 3 COMMUNICATIONS, LLC TO AMEND ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE AND INTEREXCHANGE TELECOMMUNICATIONS SERVICES STATEWIDE.
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) CASE NO.  LEV-T-02-1

NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

ORDER NO.  28963

NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on February 8, 2002, Level 3 Communications, LLC (“Level 3”) filed an Application to amend its current Certificate of Public Convenience and Necessity. In Case No. GNR-T-98-13, the Commission granted Level 3 authority to provide facilities-based local exchange and interexchange services in the Qwest and Verizon service territories. Order No. 27855. Level 3 now seeks to expand its authority to provide such services statewide.
YOU ARE FURTHER NOTIFIED that Level 3 initially intends to expand into the service area of Farmers Mutual Telephone Company. Application at 3. According to its Application, Level 3 plans to offer service to Internet service providers who currently do not have points of presence in many of Idaho’s exchange areas. Id. Furthermore, Level 3 states that it has established nationwide contractual arrangements with major Internet service providers for the deployment of points of presence on the Level 3 network. Id. The Application contends that customers who currently have to dial long-distance for Internet service will benefit from the establishment of points of presence within their local calling areas. Id.
YOU ARE FURTHER NOTIFIED that Level 3 intends to deploy an independent network by either building its own facilities or leasing facilities owned by other carriers. Id. However, Level 3 has not finalized its construction plans and thus plans to rely primarily on the leased facilities or tariffed services of other certificated carriers at this time. Id. at 5.
YOU ARE FURTHER NOTIFIED that to the extent a small local exchange carrier (LEC) possesses an exemption or suspension under Section 251(f) of the Telecommunications Act of 1996, Level 3 does not seek interconnection under Section 251(c) at this time. Id. at 3. Moreover, the Application states that Level 3 does not currently seek to challenge the exemption from any of the other obligations specified in Section 251(c). Id. To support market entry and the exchange of all kinds of traffic between the small LEC’s customers and Level 3 customers, Level 3 presently intends to lease the facilities of third-party carriers or purchase the tariffed services of LECs exempt under Section 251(c). Id. at 4. To preserve its right to provide service using a small LEC’s unbundled network elements at some future date, Level 3 requests that the Commission grant Level 3 full facilities-based authority statewide with the following qualification: Level 3 may not provide service using unbundled network elements of a LEC that qualifies for an exemption under Section 251(f) unless and until it submits a bona fide request for interconnection and the Commission determines that the request satisfies the requirements of Section 251(f). Id.
YOU ARE FURTHER NOTIFIED that Level 3 believes that the public interest does not require a hearing to consider the issues presented by this Application. Thus, Level 3 requests that the Application be processed under Modified Procedure pursuant to Rule 201 of the Idaho Public Utilities Commission’s Rule of Procedure. Id. at 6.
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 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, IDAHO 83720-0074

Street Address for Express Mail:

472 W WASHINGTON ST
BOISE, IDAHO 83720-5983 DEAN J. MILLER
McDEVITT & MILLER, LLP
537 WEST BANNOCK, SUITE 215
PO BOX 2564
BOISE, ID 83702

GREGORY L. ROGERS
LEVEL 3 COMMUNICATIONS, LLC
1025 EL DORADO BOULEVARD
BROOMFIELD, CO 80021
All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments 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 persons desiring to submit comments via e-mail may do so by accessing the Commission's homepage located at www.puc.state.id.us under the "Comments and Questions" icon. Once at the "Comments and Questions" icon, fill in the case number as it appears on the front of this document, and enter your comments.
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. The Application and testimonies (excluding exhibits) are also available on the Commission's Website at www.puc.state.id.us under the "File Room" icon.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code and that 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.
O R D E R
IT IS HEREBY ORDERED that the Application of Level 3 Communications, LLC for an amended Certificate of Public Convenience and Necessity be processed by Modified Procedure, IDAPA 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 of the Idaho Public Utilities Commission at Boise, Idaho this
day of February 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:LEVT0201_ln

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28963 1

Office of the Secretary
Service Date
February 28, 2002