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HomeMy WebLinkAbout20040708Notice of Application Order No 29545.pdfOffice of the Secretary Service Date July 8, 2004 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION CASE NO. LYC-O4- OF LIGHTYEAR NETWORK SOLUTIONS, LLC FOR A CERTIFICATE OF PUBLIC NOTICE OF APPLICATION CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE NOTICE OF TELECO MMUNI CA TI 0 NS SER VI CES.MODIFIED PROCEDURE ORDER NO. 29545 NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that on April 12, 2004, Light year Network Solutions, LLC ("Light year" or "Company ) filed an Application for a Certificate of Public Convenience and Necessity to provide facilities-based local exchange service to residential and business customers throughout Idaho in all exchanges which are not exempt from competition. Principally located in Louisville, Kentucky, Light year is a nationwide interexchange telecommunications carrier in all states but Alaska. Light year also provides local exchange services in 36 states. YOU ARE FURTHER NOTIFIED that Light year proposes to provide local exchange services via unbundled network element platforms (UNE-P). Upon certification, the Company intends to offer service as soon as the early third quarter of 2004. The Company will offer these services in conjunction with its interexchage toll services, which include inbound and outbound interexchange telecommunications services. Light year will also offer operator assisted services to its own customers. The Company plans to offer bundled offerings consisting of local and long distance services combined with voice mail and other desired service features. YOU ARE FURTHER NOTIFIED that Light year intends to offer service in the geographic areas currently served by Qwest Corporation. Light year has an interconnection agreement with Qwest, which has been approved and is on file with the Commission. Order No. 29425. According to its Application, Light year will initially mirror the basic local calling scopes of the incumbent local exchange companies. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 29545 YOU ARE FURTHER NOTIFIED that Light year asserts it has the managerial technical and financial ability to provide local telecommunications service in Idaho. Light year anticipates the Idaho operations will require expenses for leasing UNE-and additional administrative and sales overhead.According to its Application, Light year s incremental administrative and sales costs are not projected to be significant for the Company and no new funds or capital will be required to expand the Company s services in Idaho. YOU ARE FURTHER NOTIFIED that Light year believes approval of this Application is in the public interest because the proposed services will increase the competitive choices available to Idaho consumers. The Company argues that enhanced telecommunications competition will likely stimulate further economic development in Idaho and create incentives for all carriers to offer lower prices, more innovative services, and more responsive customer servIce. YOU ARE FURTHER NOTIFIED that Light year has reviewed the Commission rules applicable to local exchange service providers and agrees to comply with those rules except to the extent the rules are explicitly waived for Light year or all carriers in its class. Light year specifically requests exception from the following rules: 1) Telephone Customer 'Information Rule 102.03 (31.41.02.102.03) - Press Release; 2) Telephone Customer Relations Rule 601 (31.41.01.601) - Directories and Customer Listing; and 3) any reporting requirements that are not applicable to competitive providers such as Light year. 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, IDAP A 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 on or before July 30, 2004. 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: NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 29545 Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise, ID 83720-0074 Robin Norton Technologies Management, Inc. PO Box 200 Winter Park, FL 32789 Email: rnorton~tminc. com Street Address for Express Mail:John J. Greive VP of Regulatory Affairs and General Counsel Light year Network Solutions, LLC 1901 Eastpoint Parkway Louisville, KY 40223 472 W. Washington Street Boise, ID 83702-5983 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.state.id.. 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 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 Amendment are also available on the Commission s Website at www.puc.state.id.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 Titles 61 and 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under the Idaho Code. 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. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 29545 ORDER IT IS HEREBY ORDERED that the Application of Light year Network Solutions LLC for a 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 must do so no later than July 30 2004. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this gt+-- day of July 2004. ML SHA H. SMITH, COMMISSIONER ATTEST: Commission Secretary O:L YCT0401 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 29545