HomeMy WebLinkAbout20001012_jh.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
JEAN JEWELL
RON LAW
TONYA CLARK
DON HOWELL
LYNN ANDERSON
DAVE SCHUNKE
RANDY LOBB
JOE CUSICK
BIRDELLE BROWN
WORKING FILE
FROM: JOHN R. HAMMOND
DATE: OCTOBER 12, 2000
RE: CASE NO. TWT-T-00-1, APPLICATION OF TIME WARNER TELECOM OF IDAHO, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
On October 2, 2000, Time Warner Telecom of Idaho LLC (“Time Warner”) filed an Application for a Certificate of Public Convenience and Necessity to operate as a provider of facilities-based basic local exchange telecommunications services within the state of Idaho. Time Warner also intends to provide resold intrastate interexchange services. Time Warner is a limited liability company organized in the State of Delaware on September 6, 2000. The sole member of Time Warner is Time Warner Telecom Holdings Inc., a Delaware corporation with its principal business office located in Littleton, Colorado. Time Warner Telecom Holdings, Inc. is a wholly-owned affiliate of Time Warner Telecom, Inc. which is a nationwide provider of facilities-based local exchange telecommunications services and a reseller of interexchange services.
In order to provide these services to its customers in Idaho, Time Warner proposes to utilize the assets of GST Telecom of Idaho which it has arranged to purchase through a bankruptcy auction. Time Warner Telecom, Inc. and GST plan to close this transaction on or about December 1, 2000.
Applicant requests that the Commission consider this application on an expedited basis so that it may complete its purchase of GST’s telecommunications assets thereby ensuring the uninterrupted provision of telecommunications service in Idaho. Staff concurs and recommends that this matter be processed by modified procedure under Idaho Public Utilities Commission Rules of Procedure, IDAPA 31.01.01.201-.204. Furthermore, given the Commissions calendar, Staff recommends that the written protest and comment period of twenty-one (21) days under IDAPA 31.01.01.202.02 be shortened to fourteen (14) days.
Commission Decision
Does the Commission agree as recommended that Time Warner Telecom of Idaho’s Application in Case No. TWT-T-00-1 be processed pursuant to Modified Procedure?
Does the Commission agree as recommended that the written protest and comment period under IDAPA 31.01.01.202.02 to fourteen (14) days?
John R. Hammond
M:twtt001_jh
On May 17, 2000, GST filed a petition for reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. §§ 101-1330, in the United States Bankruptcy Court for the District of Delaware. In this reorganization GST, under supervision of the Court, conducted an auction to accomplish the sale of substantially all of its assets. Through this process Time Warner Telecom, Inc. and GST entered into an Asset Purchase Agreement whereby it will purchase substantially all of GST’s assets in the United States. This agreement was approved by the United States Bankruptcy Court for the District of Delaware on September 21, 2000. Case No. 00-1982, Docket No. 658 (Bankr. D. Del. 2000).
DECISION MEMORANDUM 1