20100729notice_of_application_order_no_32041.pdf

Office of the Secretary
Service Date
July 29, 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF LXI-CLEC, LLC FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND
NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONSSERVICES.
CASE NO. LXI-I0-
NOTICE OF APPLICATION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 32041
On February 19 , 2010, LXI-CLEC, LLC filed an Application for a Certificate of
Public Convenience and Necessity (CPCN) to provide facilities-based and resold local exchange
telecommunications services in the State of Idaho. The Application states that the Company
intends to provide resold and switchless reseller service utilizing unbundled network elements, or
the equivalent thereof, to business and residential customers.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company intends to offer service in the
areas served by Qwest. At the time of its Application, the Company had not initiated any
interconnection or resale agreements.
YOU ARE FURTHER NOTIFIED that, although the Company intends to initially
provide services to business and residential customers in the Magic Valley, it seeks authority to
resell and provide facilities-based interexchange and local exchange services throughout the
State.
YOU ARE FURTHER NOTIFIED that LXI is a limited liability company organized
under the laws of Idaho and located in Twin Falls. The Company states that it is a new entity
being supported by the owners of Tek-Hut, Inc., an Idaho company since 2001. LXI has
submitted financial statements from Tek-Hut as proof of financial stability.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has preliminarily
determined that the public interest may not require a formal hearing in this matter and will
proceed under Modified Procedure pursuant to the Commission s Rules of Procedure 201
through 204, IDAP A 31.01.01.201 through .204. The utilization of Modified Procedure and
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUREORDER NO. 32041
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
Nate Bondelid
460 Main Avenue S., Suite 10
Twin Falls, ID 83301
E-mail: nate~tek-hut.com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5918
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 and supporting workpapers
have been filed with the Commission and are available for public inspection during regular
business hours at the Commission offices. The Application and other workpapers are also
available on the Commission s web site at www.puc.idaho.gov by clicking on "File Room" and
then "Telephone Cases.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32041
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Title 61 and 62 of the Idaho Code and specifically Idaho Code ~~ 61-526
through 62-615. 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, IDAP A 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that the Application of LXI-CLEC, LLC be processed
by Modified Procedure. Persons interested in submitting written comments regarding this case
or protesting the use of Modified Procedure should do so no later than twenty-one (21) days from
the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;Z9.f4-
day of July 2010.
JIM D. KEMPTON, PRE ENT
MARSHA H. SMITH, COMMISSIONER
~~~
MACK A. REDFO , COMMISSIONER
ATTEST:~tJ~
D. Jewell
Commission Secretary
O:LXI-IO-Ol ks
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32041