20051018notice of application order no 29894.pdf

Office of the Secretary
Service Date
October 18, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF 360NETWORKS (USA) INC. FOR A
CER TIFI CA TE OF PUBLIC CO NVENIEN CE
AND NECESSITY NOTICE OF APPLICATION
CASE NO. WFN-O5-
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 29894
On September 22 2005, 360networks (USA) inc. (Company) filed an Application for
a Certificate of Public Convenience and Necessity with the Idaho Public Utilities Commission
(Commission). The Application seeks authority for the Company to provide facilities-based
competitive local exchange telecommunications services to commercial subscribers and
exchange access services to interconnecting carriers in Idaho. In this Order the Commission
establishes a review period and written comment deadline.
THE APPLICATION
YOU ARE HEREBY NOTIFIED that 360networks (USA) inc. proposes to provide
competitive local exchange carrier services including, but not limited to, basic local exchange
services, primarily to commercial subscribers in Qwest Corporation and Verizon exchanges. The
Company also proposes to provide exchange access services to interconnecting carriers, but does
not propose to offer alternative operator services to the public. The Application states that the
Company currently maintains its own dedicated facilities in Idaho used exclusively for wholesale
carriers who lease the Company s network. The Company states it is not currently providing any
local exchange services within Idaho and upon approval of its Application it will utilize its
facilities to provide retail services. The Company states its network may be supplemented
through resale of incumbent carrier services and/or leasing portions of its network.The
Company states it has been granted authority to provide competitive local exchange services in
33 states.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29894
YOU ARE FURTHER NOTIFIED that the Company states it is a privately held
corporation organized under the laws of the State of Nevada and authorized by the Idaho
Secretary of State to transact business in Idaho. The Company does not anticipate maintaining
offices in Idaho and has a principal business address in Louisville, Colorado. The Company
filed five exhibits with its Application including its: Articles of Incorporation; Authority to
Transact Business in the State of Idaho and Certificate of Good Standing; Executive Profiles;
Financial Statements; and an Illustrative Price List.
YOU ARE FURTHER NOTIFIED that the Application together with supporting
workpapers, testimonies and exhibits (if any), 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 Website 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. WFN-05-1. 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. IDAPA 01.01.01.204.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29894
NOTICE OF COMMENT/PROTEST 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. WFN-05-1 is Tuesday, November 8, 2005. 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.
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle, Suite 160
Louisville, CO 80027
E-mail: psummers(fY360.net
Street Address For Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
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.
FIND IN GS/CO N CL USI 0 NS
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 November 8 , 2005.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29894
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1~Y'k
day of October 2005.
ff1~ MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:WFN-05-01 dw
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUREORDER NO. 29894