20060703notice_of_application_order_no_30077.pdf

Office of the Secretary
Service Date
July 3, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF MY CHOICE COMMUNICATIONS, INC.
DBA MCCI FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY NOTICE OF APPLICATION
CASE NO. MCC-06-
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 30077
On March 30, 2006 My Choice Communications, Inc. dba MCCI, (MCCI;
Company) filed an Application with the Commission for a Certificate of Public Convenience and
Necessity to provide resold and/or facilities-based local exchange services in Idaho exchanges
currently served by Qwest. With this Order the Commission authorizes the use of Modified
Procedure to process the Company s Application as more fully set forth below.
THE APPLICATION
YOU ARE HEREBY NOTIFIED that according to the Company s Application
MCCI is a privately held corporation organized under the laws of the State of Idaho. The
Company s principal place of business is located at Pocatello, Idaho. MCCI proposes to offer
residential and small business basic exchange service as well as business class local loop
connectivity and transmission necessary to connect business customers to interexchange carrier
points of presence.
YOU ARE FURTHER NOTIFIED that the Application states that the Company does
not anticipate installing any physical plant at this time, and will lease Qwest's unbundled
network element platform. MCCI states that as the market for its services and its business plans
dictate that it may eventually lease or deploy its own switches within existing carrier hotels or
other leased premises, but no physical construction of fiber optic or copper cables is anticipated
now or in the future. The Company is currently negotiating an interconnection agreement with
Qwest. The Application contains a written statement that the Applicant is familiar with the
Commission rules and agrees to comply with them. A proposed initial tariff was filed with the
Application, and a replacement tariff was filed on June 20, 2006.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30077
YOU ARE FURTHER NOTIFIED that the Application together with supporting
workpapers, testimonies and exhibits (if any) have been filed with the Commission and are
available for public inspection during regular business hours at the Commission offices. The
Application and testimonies are also available on the Commission s Web site at
www.puc.idaho.gov under the "File Room" icon.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filing of
record in Case No. MCC-06-1. The Commission has preliminarily determined that the public
interest may not require a hearing to consider the issues presented in this case and that issues
raised by the Company s filing may be processed under Modified Procedure , by written
submission rather than by hearing. IDAP A 31.01.01.201-204. In so doing, the Commission
notes that Modified Procedure and written comments have proven to be an effective means for
obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in
this proceeding unless it receives written protests or comments opposing the use of Modified
Procedure and stating why Modified Procedure should not be used. IDAP A 31.01.01.203.
YOU ARE FURTHER NOTIFIED that if no protests or written comments are
received within the deadline, the Commission will consider the matter and enter its Order
without a hearing. If protests or comments are filed within the deadline, the Commission will
consider them and may, in its discretion, set the matter for hearing or decide the matter and issue
its Order on the basis of the written positions before it. IDAP A 31.01.01.204.
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 specifically
Idaho Code 99 61-526 through 61-528. 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.
NOTICE OF COMMENTIPROTEST DEADLINE
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments
or protests with respect to the Application and the Commission s use of Modified Procedure in
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30077
Case No. MCC- T -06-1 is July 20, 2006. Persons desiring a hearing must specifically request a
hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that written comments concerning this case
should be mailed to the Commission and to the Company at the addresses reflected below.
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Jonathan S. Marashlian
The Helein Law Group, P.
8180 Greensboro Drive, Suite 700
McLean, Virginia 22101
E-mail: mail~thlglaw.com
Street Address For Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
Saeid Rezaii
My Choice Communications, Inc.
dba MCCI
1424 Yellowstone Ave.
Pocatello, ID 83201
E-mail: saeid~galaxymc.com
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 homepage 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 addresses listed above.
FINDINGS/CONCLUSIONS
The Commission has preliminarily determined that the public interest may not
require a hearing to consider the issues presented in this case, and that issues raised by the
Company s filing may be processed under Modified Procedure, i., by written submission
rather than by hearing. IDAPA 31.01.01.201-204. In so doing, the Commission notes that
Modified Procedure and written comments have proven to be an effective means for obtaining
public input and participation.
ORDER
IT IS HERBY ORDERED that this case be processed by Modified Procedure.
Persons interested in submitting written comments regarding this case or protesting the use
Modified Procedure should do so no later than July 20, 2006.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30077
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this J() tk
day of June 2006.
ATTEST:
~ell
Commission Secretary
O:MCC-06-01 dw
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30077
MARSHA H. SMITH, COMMISSIONER