19970306Order No 26826 - Notice of Application.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF SILVER STAR TELEPHONE COMPANYS REQUEST TO APPROVE A SPECIAL SERVICES CONTRACT.
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) CASE NO. SILT971

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 26826

On February 24, 1997, Silver Star Telephone Company requested that the Commission approve a special services contract so that Silver Star may provide telecommunication services to J.R Simplots Smokey Canyon Mine. The Smokey Canyon Mine is located in the Idaho portion of U S WEST Communications Afton exchange. Silver Star requests that the Commission approve the special services contract within 30 days.

NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Silver Star requests that the Commission approve the provision of telecommunication services under the special contract because the requested services are beyond the scope of the Companys normal tariffed services. Silver Star states that service to the Mine would be provided entirely by Silver Star facilities without requiring interconnection with U S WEST.
YOU ARE FURTHER NOTIFIED that the Afton exchange is in the process of being sold by U S WEST to Union Telephone Company. For a brief history of the sales transaction, see Order No. 26687 issued in Case Nos. USW-S-93-5/SIL-T-93-1. The Commission understands that the Federal Communications Commission (FCC) has approved U S WESTs and Unions Section 214 Application for the sale and has issued a study area waiver. The Commission has not been advised that the sale of the Afton exchange has been consummated.

YOU ARE FURTHER NOTIFIED that Silver Star asserts that all portions of the special services contract are confidential, proprietary and trade secrets pursuant to Idaho Code  48-801 et seq. and 9-340. Without greater detail, the Company is proposing to construct and offer high-speed digital services to Simplot. Persons desiring to review the contract should contact counsel for Silver Star as identified below.
YOU ARE FURTHER NOTIFIED that the Application letter and special contract have been filed with the Commission. The Application letter is available for public inspection during regular business hours at the Commission offices.

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.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on Silver Stars request may file a written comment in support or opposition with the Commission within fourteen (14) 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. Written comments concerning this application shall be mailed to the Commission and the Applicant at the addresses reflected below:

COMMISSION SECRETARY MICHAEL C. CREAMER
IDAHO PUBLIC UTILITIES COMMISSION GIVENS PURSLEY & HUNTLY
PO BOX 83720 PO BOX 2720
BOISE, IDAHO 83720-0074 BOISE, IDAHO 83701

Street Address for Express Mail: Street Address:

472 W WASHINGTON ST 277 N 6th ST, Ste 200
BOISE, IDAHO 83702-5983 BOISE, IDAHO 83702
[phone] [phone]

These comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments 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 set, the Commission will consider them and, in its discretion, may set the same for formal hearing.
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.

O R D E R
IT IS HEREBY ORDERED that Silver Stars request for approval of a special services contract be processed under Modified Procedure. As set out in the body of this Order, persons interested in submitting written comments in this matter must do so no later than fourteen (14) days from the service date of this Order.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of March 1997.

RALPH NELSON, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:SIL-T-97-1.dh

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 26826 -1-

Office of the Secretary
Service Date
March 6, 1997