20090415notice_of_application_order_no_30781.pdf

Office of the Secretary
Service Date
April 15 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF NET T ALK.COM, INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE
FACILITIES-BASED LOCAL EXCHANGE
AND RESOLD INTEREXCHANGE
TELECOMMUNICATIONS SERVICES
) CASE NO. NTA-08-
) NOTICE OF APPLICATION
) NOTICE OF
) MODIFIED PROCEDURE
ORDER NO. 30781
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on November 18, 2008, NET T ALK.COM
INC. ("Net Talk") filed an Application for a Certificate of Public Convenience and Necessity,
pursuant to Idaho Code ~~ 61-526 through 528, IDAPA 31.01.01.111 and Commission Order
No. 26665 to provide facilities-based local exchange and resold interexchange
telecommunications services. On March 6, 2009, Net Talk filed a revised Application and
proposed Local Exchange Telecommunications Tariffs in accordance with Staffs
recommendations.
YOU ARE FURTHER NOTIFIED that Net Talk is a newly formed Florida
corporation with a Class V switching facility data center located in North Miami Beach, Florida.
Net Talk lists its principal place of business as North Miami Beach, Florida but is registered with
the Idaho Secretary of State as a foreign limited liability company.
YOU ARE FURTHER NOTIFIED that Net Talk will compete with other Voice over
Internet Protocol (VoIP) providers and local incumbent local exchange carriers (ILECs) to
provide facilities-based local exchange and resold interexchange services throughout Idaho.
YOU ARE FURTHER NOTIFIED that Net Talk's Idaho service area will encompass
the geographic areas currently served by Qwest Corporation.
YOU ARE FURTHER NOTIFIED that Net Talk intends to offer its servIces
immediately upon certification, utilizing its own and/or leased facilities and the resale of other
carrier s facilities and network elements.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30781
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 31.01.01.201 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 Nicholas Kyriakides
Idaho Public Utilities Commission 1100 NW 163rd Drive Suite 3PO Box 83720 North Miami Beach, FL 33169
Boise, ID 83720-0074 E-Mail: nick~nettalk.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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30781
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 Website at
www.puc.idaho.gov and then 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 Titles 61 and 62 of the Idaho Code and
specifically Idaho Code ~~ 61-526 and 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 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. 30781
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 15M
day of April 2009.
JI . KE PTON, P IDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:NTA-08-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUREORDER NO. 30781