20120619notice_of_application_order_no_32574.pdf

Office of the Secretary
Service Date
June 19,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF NEW EDGE NETWORK,INC.DBA )CASE NO.NEN-T-11-O1
EARTHLINK BUSINESS FOR A )
CERTIFICATE OF PUBLIC )NOTICE OF APPLICATION
CONVENIENCE AND NECESSITY TO )
PROVIDE LOCAL EXCHANGE )NOTICE OF
TELECOMMUNICATIONS SERVICES )MODIFIED PROCEDURE
)
_________________________________
)ORDER NO.32574
On October 20,201,New Edge Network,Inc.dba EarthLink Business applied to the
Commission for a Certificate of Public Convenience and Necessity (CPCN)authorizing the
Company to provide resold and facilities-based local exchange telecommunications service to
business customers in Idaho.The Company amended its Application on June 4,2012.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that New Edge states it is a Delaware Corporation
that is authorized to do business in Idaho.The Company says it has no Idaho offices,its
principal place of business is in Georgia,and it is a wholly owned indirect subsidiary of
EarthLink,Inc.See Application at 2-3,5.
YOU ARE FURTHER NOTIFIED that with this Application,New Edge seeks to
provide wireline local telecommunications service including local exchange service and
exchange access service.The Company primarily will provide local exchange service through
the resale of the services of other carriers.The Company says it also may provide facilities-
based local exchange service using its own facilities,facilities leased from other carriers,or a
combination of both.Id.at 1-2.
YOU ARE FURTHER NOTIFIED that New Edge proposes to provide service in
areas currently serviced by CenturyLink and Frontier.The Company says it does not seek to
provide service in areas currently serviced by small or rural carriers.See Amendment to
Application at 1.The Company also says it is developing an Idaho marketing strategy using a
professionally trained sales force,and that it will initiate interconnection negotiations once it
receives its CPCN.Id.at 6-8.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32574 1
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 1.01.01.201 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 Jean L.Kiddoo
Idaho Public Utilities Commission Brett P.Ferenchack
P0 Box 83720 Bingham McCutchen LLP
Boise,ID 83720-0074 2020 K Street,N.W.
Washington,D.C.20006
Street Address for Express Mail:E-mail:[e-mail]
brett.ferenchak(bingham.com
472 W.Washington Street
Boise,ID 83702-5918 Paula Foley
Regulatory Affairs Counsel
EarthLink Business
5 Wall Street
Burlington,MA 01803
E-mail:[e-mail]
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.32574 2
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.gov 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.The Commission
may enter any final Order consistent with its authority under Title 62 and Commission Rule of
Procedure 114,IDAPA31.0l.01.114.
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.
ORDER
IT IS HEREBY ORDERED that this Application 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.32574 3
IDONEbyOrderoftheIdahoPublicUtilitiesCommissionatBoise,Idaho this /7
day of June 2012.
PAUL LLA R,PRESIDENT
MACK A.REDFORD,COMMISSIONER
.4
MARSHA H.SMITH,COMMISSIONER
ATTEST:
JLn D.Jewell j
Commission Secretary
O:NEN-T-1 I-Olkk
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32574 4