20051206final_order_no_29925.pdf

Office of the Secretary
Service Date
December 6, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF 360NETWORKS (USA) INc. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY ORDER NO. 29925
CASE NO. WFN-O5-
On September 22 2005, 360networks (USA) inc. (360networks or Company) filed an
Application for a Certificate of Public Convenience and Necessity with the Idaho Public Utilities
Commission (Commission) to provide facilities-based competitive local exchange
telecommunications services to commercial subscribers and exchange access services to
interconnecting carriers in the Qwest and Verizon exchanges. In the Notice of Application and
Modified Procedure issued on October 18, 2005 , the Commission sought comments regarding
the Company s Application. Order No. 29894. No comments were received other than those
submitted by Commission Staff. With this Order the Commission approves the Company
Application.
THE APPLICATION
The Application submitted by 360networks seeks Commission approval for a
Certificate of Public Convenience and Necessity. The Application requests 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.
The Company is incorporated in the State of Nevada and headquartered in Louisville
Colorado. A Certificate of Authority to transact business as a foreign corporation from the Idaho
Secretary of State was obtained on May 10, 2000. The Company provided confidential financial
statements for years ending December 31 , 2003 and 2004, and the appropriate contact
information for its registered agent for service of process within Idaho.
The Application states the Company has authority to provide interexchange
telecommunications services in 34 states, including Idaho, and has authority to provide
competitive local exchange carrier services in 33 states. The Company currently maintains
facilities in Idaho that are part of its northern network and used exclusively for wholesale
purposes. The Company anticipates beginning construction of facilities within 12 months
ORDER NO. 29925
approval of a Certificate of Public Convenience and Necessity to provide local exchange
services, primarily through interconnection with Qwest's network.
STAFF COMMENTS
Based upon its review of the Company s Application, Staff believes the Company
Application fulfills the requirements of the Commission Rules and Procedural Order No. 26665.
The Company understands and agrees to comply with the Commission rules and requirements.
The Staff believes that the Company possesses the requisite financial , managerial, and technical
qualipcations necessary to operate as a provider of telecommunications services. Therefore
Staff recommended approval of the Application for a Certificate of Public Convenience and
Necessity.
COMMISSION FINDINGS
Based upon the comments and the record in this case, the Commission grants the
Company s Application. When considering an application for a Certificate, the Commission
must determine if the applicant has the necessary qualifications to provide service while still
fostering competition in the local telecommunications market. Based upon our review of the
filing and the record in this case, the Commission finds that 360network's filing satisfies the
requirements of the Commission s Rules and Procedural Order No. 26665. Thus, we approve
the Company s Application for a Certificate of Public Convenience and Necessity. This
consistent with our previous Orders granting authority to provide telecommunications services to
carriers meeting the established requirements.
ORDER
IT IS HEREBY ORDERED that 360networks (USA) inc. is granted a Certificate of
Public Convenience and Necessity to provide competitive telecommunications services within
the state of Idaho.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
ORDER NO. 29925
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this S-f1-
day of November 2005.
ATTEST:
Je D. Jewell
mission Se retary
O:WFN-05-01 dw2
ORDER NO. 29925
MARSHA H. SMITH, COMMISSIONER