20020321Comments.pdf

LISA D. NORDSTROM
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5733

Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983

Attorney for the Commission Staff

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

COMMENTS OF THE
COMMISSION STAFF

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Lisa D. Nordstrom, Deputy Attorney General, and in response to the Notice
of Application and Notice of Modified Procedure issued in Order No. 28963 on February 28,
2002, submits the following comments.

BACKGROUND
On February 8, 2002, Level 3 Communications, LLC (“Level 3” or “Company”) 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.

STAFF COMMENTS 1 MARCH 21, 2002
DISCUSSION
Level 3 is incorporated in the State of Delaware and is headquartered in Broomfield,
Colorado. The Company obtained a Certificate of Authority from Idaho's Secretary of State on
February 6, 1998. Level 3 does not maintain an office in Idaho but does have a registered in-
state agent. Staff found no complaints against Level 3 registered with this Commission.
Level 3 states that it intends initially to expand into the service area of Farmers Mutual
Telephone Company to offer service to, among others, Internet service providers who currently
do not have points of presence in many of Idaho’s exchange areas. Its 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.
The Company intends to deploy an independent network by either building its own
facilities or leasing the facilities of other carriers. Level 3 does not seek to interconnect with
those companies that posses an exemption under Section 251(f) of the Act at this time.
In its Application, Level 3 maintains that it is financially qualified to provide
telecommunications services in Idaho. Level 3 Communications, LLC will continue to rely on
the financial resources of its parent company, Level 3 Communications, Inc., and submitted a
SEC Form 10-K report for its parent company for the fiscal year that ended December 31, 2000.
The Company agrees to continue complying with Commission rules regarding advanced
deposits, consumer relations, and all other Commission rules and regulations.
Staff has reviewed the Application and financials submitted by Level 3. Staff believes
the Company understands and agrees to comply with the Commission’s Rules and requirements.

STAFF RECOMMENDATION
Based on Staff's review of Level 3 Communications, LLC's Application, Staff believes
the Company's filing satisfies all the requirements of the Commission’s Rules and Procedural
Order No. 26665. Staff recommends approval of the Application for an amendment to its
existing Certificate of Public Convenience and Necessity to allow the Company to provide
telecommunications services statewide.

STAFF COMMENTS 2 MARCH 21, 2002

STAFF COMMENTS 3 MARCH 21, 2002
Respectively submitted this day of March 2002.

___________________________________
Lisa D. Nordstrom
Deputy Attorney General

Technical Staff: Doug Cooley

LN:DC:i:umisc/comments/levt02.1lndc