20130122notice_of_application_order_no_32717.pdf

Office of the Secretary
Serv~ce Date
January 22,201 3
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF NEXUS COMMUNICATIONS, INC. ) CASE NO. NCI-T-11-01
FOR DESIGNATION AS AN ELIGIBLE )
TELECOMMUNICATIONS CARHER IN ) NOTICE OF APPLICATION
IDAHO 1
) NOTICEOF
) MODIFIED PROCEDURE
1
) ORDERNO. 32717
YOU ARE HEREBY NOTIFIED that on April 6,201 1, Nexus Communications, h c .
("Nexus" or "Company") filed an Application, pursuant to 47 U.S.C. § 214(e)(6) of the
Communications Act of 1934 ("the Act"), 47 C.F.R. $ 54.201 et seg., and Order No. 29841,
seeking designation as an eligible telecommunications carrier ("ETC") in the State of Idaho for
the sole purpose of receiving LifelineILink-up ("Low-Income") support.
YOU ARE FURTHER NOTIFIED that Nexus also filed amendments to its original
Application describing how it will comply with the new requirements in the Federal
Communication Commission's ("FCC") rules for the Lifeline Universal Service program
instituted by the FCC's November 18, 201 1 ("Connect America Fund Order") and February 6,
20 12 ("'Lifeline Reform Order") Orders.
YOU ARE FURTHER NOTIFIED that Nexus is an Ohio corporation with its
principal place of business in Lewis Center, Ohio. Nexus has been issued a Certificate of
Authority by the Idaho Secretary of State.
YOU ARE FURTHER NOTIFIED that Nexus states that it will not seek or accept
federal high-cost support. The Company included a list of the wire centers it intends to operate
in Idaho. The Company asserts that it has received ETC designation in 20 states. Nexus states
that it will serve its Idaho consumers through wireless technology, i.e., commercial mobile radio
service ("CMRS").
YOU ARE FURTHER NOTIFIED that Nexus will provide its supported services
(voice grade access, local usage, dual tone multi-frequency signaling or functional equivalent,
single party service or functional equivalent, access to emergency, operator, and interexchange
services, access to directory assistance, and toll limitation for qualifying low-income consumers)
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 3271 7 1
through a combination of its own facilities or through the resale of another carrier's services.
Nexus believes that approval of its Application for an ETC in Idaho is in the public interest
because the Company will provide increased access to basic telecommunications services for
low-income individuals.
YOU ARE FURTHER NOTIFIED that in its amended Application Nexus declared
that it has received a forbearance from the Facilities Requirement of Section 47 U.S.C. 9
2 14(e)(l)(A) conditioned upon FCC approval of a compliance plan.
YOU ARE FURTHER NOTIFIED that on December 31, 2012, the Company
submitted its Third Amended Compliance Plan filed with the FCC and the Public Notice
announcing the FCC Wireline Competition Bureau's acceptance of Nexus' Compliance Plan.
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, IDAPA 3 1.0 1 .01.201 through .204. 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 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 Steven Fenker, President
Idaho Public Utilities Commission Nexus Communications, Inc.
PO Box 83720 3629 Cleveland Ave., Suite C
Boise, ID 83720-0074 Columbus, OH 43224
E-mail: Sfenker 1 ($!earth1 - ink.net
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-591 8
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 3271 7 2
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.aov. 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 AFE 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 has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices. The Application is also available on the Commission's web site at
www.puc.idaho.nov by clicking on "File Room" and then "Telephone Cases."
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission's jurisdiction under Title 62 of the Idaho Code and specifically
Idaho Code §§ 62-610D. The Commission may enter any final Order consistent with its
authority under Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission's Rules of Procedure, IDAPA 3 1 .O1 .01.000 et seq.
O R D E R
IT IS HEREBY ORDERED that this Application will be processed under Modified
Procedure. Persons interested in submitting written comments regarding this case or protesting
the use of Modified Procedure should do so no later than 21 days from the service date of this
Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 3271 7 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 2 A
day of January 201 3.
I B
MACK A. REDFORD, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
fean D. Jewefl' ..
eommission Secretary
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 327 17 4