19961205Notice of Application.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF PHOENIX FIBERLINK OF IDAHO, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE SERVICES AS A COMPETITIVE LOCAL CARRIER. )
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) CASE NO. PFIT961

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

YOU ARE HEREBY NOTIFIED that on July 16, 1996 the Commission received an Application from Phoenix Fiberlink of Idaho, Inc. (PFI) for a Certificate of Public Convenience and Necessity (Certificate) to provide local exchange service as a competitive local carrier. The Application indicates that PFI is seeking to obtain a Certificate to provide all Title 61 regulated telecommunication service, including basic local exchange service throughout the state of Idaho. PFI has provided information that appears to satisfy the requirements of Rule of Procedure 111, IDAPA 31.01.01.111, and Procedural Order No. 26665 issued November 7, 1996 which sets out the necessary information to be included with an application for a Certificate submitted by a new local service provider in Idaho.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. PFI-T-96-1. The Commission has determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing, pursuant to Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
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. Reference IDAPA 31.01.01.203.

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 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.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. Reference IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No.  PFIT96-1 should be mailed to the Commission and the Company at the addresses reflected below:

COMMISSION SECRETARY MILTON J. MORRIS
IDAHO PUBLIC UTILITIES COMMISSION PHOENIX FIBERLINK OF IDAHO, INC.
PO BOX 83720 110 BLUE RAVINE ROAD, SUITE 150
BOISE, IDAHO 83720-0074 FOLSOM, CA 95630-4712

Street Address for Express Mail:

472 W WASHINGTON ST
BOISE, IDAHO 83702-5983

All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application together with supporting workpapers and exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
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 that 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.

DATED at Boise, Idaho this day of December 1996.

Myrna J. Walters
Commission Secretary

bls/N:PFI-T-96-1.sh

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE -1-

Office of the Secretary
Service Date
December 5, 1996