20060517notice_of_application_order_no_30042.pdf

Office of the Secretary
Service Date
May 17 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF ONEEIGHTY NETWORKS, INC. FOR
CERTIFICATE OF PUBLIC CONVENIENCEAND NECESSITY
CASE NO. OZl-06-
NOTICE OF APPLICATION
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 30042
On April 3 , 2006, OneEighty Networks, Inc. (OneEighty; Company) filed an
Application with the Commission for a Certificate of Public Convenience and Necessity to
provide facilities-based local exchange service in Idaho. 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
OneEighty is a facilities-based regional provider of broadband Internet, private line, and hosting
solutions offering services in the Post Falls/Coeur d' Alene area of northern Idaho and the Boise
area of southern Idaho. The Application states that the Company primarily serves business and
enterprise customers. OneEighty is a corporation formed in the State of Washington with a
principal business address in Spokane, Washington. The Company is registered in Idaho as a
foreign corporation and has a Certificate of Authority to transact business in the State ofldaho.
YOU ARE FURTHER NOTIFIED that the Application states the Company owns
and operates one of the largest fiber optic networks in the region. The Company states that it
currently provides broadband services in Spokane, Spokane Valley, Walla Walla, and the Tri-
Cities areas in Washington, as well as in Post Falls and Coeur d' Alene, Idaho. The Application
also indicates that the Company provides narrowband Internet services in the areas surrounding
Spokane and Walla Walla, Washington; Pendleton, Bend, and Hermiston, Oregon; and Coeur
d' Alene, Idaho. The Company proposes that, upon receipt of a Certificate for Idaho, it will use
its existing fiber optic network, unbundled network elements, and resale services from Verizon
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30042
Qwest, and other carriers to expand its product offerings to include Voice over Internet Protocol
local exchange services, carrier access, and private line services as it expands into Idaho service
territories.
YOU ARE FURTHER NOTIFIED that the Application together with supporting
workpapers, testimonies and exhibits, 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. OZl-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. 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.
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 9 61-526 through 9 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 APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30042
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
Case No. OZI-06-1 is June 5, 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.
Street Address For Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
Molly O'Leary
Richardson & O'Leary, PLLC
Attorney for OneEighty Networks, Inc.
515 N. 2ih Street
Boise, ID 83702
E-mail: molly(fYrichardsonandoleary.com
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
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 address 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 under Modified Procedure.
Persons interested in submitting written comments regarding this case or protesting the use
Modified Procedure should do so no later than June 5, 2006.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30042
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /1 f1o-
day of May 2006.
ATTEST:
D. Jewell
mISSIOn Secretary
O:OZI-O6-01
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30042
rJ &Jv
MARSHA H. SMITH, COMMISSIONER