20120306notice_of_application_order_no_32475.pdf

Office of the Secretary
Service Date
March 6.2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF OPTIX MEDIA L.L.C.FOR A )CASE NO.OML-T-12-O1
CERTIFICATE OF PUBLIC )
CONVENIENCE AND NECESSITY )NOTICE OF APPLICATION
)
)NOTICE OF
)MODIFIED PROCEDURE
)
___________________________
)ORDER NO.32475
YOU ARE HEREBY NOTIFIED that on January 26.2012.Optix Media L.L.C.
(“Optix Media”or “Company”)filed an Application,including a copy of its illustrative tariff,
seeking a Certificate of Public Convenience and Necessity (“CPCN”),pursuant to Idaho Code §
61-526 through -528’,IDAPA 31.01.01.111 (Rule 111),and Procedural Order No.26665,to
provide competitive local exchange services in Idaho.
YOU ARE FURTHER NOTIFIED that Optix Media is an Idaho corporation and lists
its principal place of business as Chubbuck,Idaho.Optix Media is registered with the Idaho
Secretary of State and lists Brad McSpadden,7964 Prospector Hollow,Pocatello,Idaho 83201,
as its Idaho registered agent for service.
YOU ARE FURTHER NOTIFIED that the Company will operate as a facilities-
based competitive local exchange carrier (“CLEC”)and plans to negotiate an interconnection
agreement with CenturyLink to market services in conjunction with complementary services
offered by its affiliate company Hi LLC.d/b/a Big Dog Internet (HJ”).
YOU ARE FURTHER NOTIFIED that Optix Media intends to offer optically-based
dedicated point-to-point and point-to-multipoint services including TI and Ethernet-based
services to business class customers.
YOU ARE FURTHER NOTIFIED that the Company plans to collocate in the
CenturyLink Pocatello Central Office to gain access to copper circuits to supply ADSL.SDSL.
and TI ‘s.Further deployment will involve remote terminals throughout the initial service
territory of Pocatello,Blackfoot,Idaho Falls and Rexburg,Idaho.
Pursuant to the Idaho Telecommunications Act of 1988.specifically Idaho Code §62-604(l)(a).Optix Media is
exempt from Title 61 regulation.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.32475
YOU ARE FURTHER NOTIFIED that Optix Media has reviewed and agrees to
comply with all Commission rules.
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 Optix Media L.L.C.
Idaho Public Utilities Commission 4978 Rainbow Ln
P0 Box 83720 Chubbuck,ID 83202
Boise,ID 83720-0074 E-mail:[e-mail]
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
ORDERNO.32475 2
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
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 Commissions jurisdiction under Title 62 of the Idaho Code,specifically Idaho
Code §62-604 and 62-615.The Commission may enter any final Order consistent with its
authority under Title 62 and Commission Rule of Procedure 114.IDAPA 31.01.01 .114.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 3 1.01.01.000 ci 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.32475 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of March 2012.
PAUL KAW
MACK A.REDFORD,COMMISSIONER
-
MARSHA H.SMITH,COMMISSIONER
ATTEST:
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Jn D.Jewell I
C’ommission Secretary
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32475 4