HomeMy WebLinkAbout19980312Order No 27405.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF LONG DISTANCE DIRECT, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE SERVICE AS A COMPETITIVE LOCAL CARRIER.
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ORDER NO. 27405
On June 27, 1997, Long Distance Direct, Inc. filed a revised local resale tariff and stated it would provide services in areas located in the State of Idaho serviced by the Local Exchange Carriers whose services it will resell. No actual Application for a Certificate of Public Convenience and Necessity was received. After several phone calls, Staff contacted the attorney of Long Distance by fax on January 15, 1998, requesting a completed Application and corrections or clarifications to the revised tariff it had filed. The attorney stated the Application had been sent to the Commission but did not know the date and indicated he may not have a copy of the Application for refiling. A search of the files did not reveal its existence. Staff requested it receive those items by February 20, 1998. Nothing has been filed.
On March 5, 1998, Staff left a voice mail message with Long Distances attorney indicating Staffs intent to seek a dismissal of this case without prejudice. Staff received a return call from the attorney on March 6, 1998, requesting the case remain open but he could not give any assurances of when the Application would be filed or the revisions made to the tariff.
Staff reviewed the file and revised tariff and found no Application has ever been filed. Therefore, Staff recommended that the case be closed, dismissed without prejudice and the docket closed pursuant to IDAPA 31.01.01.065.
F I N D I N G S
No Application has been received. Therefore, the Commission finds that Long Distance is not prejudiced by closing the docket at this time because the Application can be filed in the future. Therefore, this proceeding is hereby closed without prejudice to Long Distance Directs right to refile its Application at a future time.
O R D E R
IT IS HEREBY ORDERED that this proceeding is closed without prejudice as discussed above.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. LON-T-97-1 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case No. LON T 97-1. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 61 626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of March 1998.
DENNIS S. HANSEN, PRESIDENT
RALPH NELSON, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
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ORDER NO. 27405 -1-
Office of the Secretary
Service Date
March 12, 1998