20110623notice_of_application_order_no_32270.pdf

Office of the Secretary
Service Date
June23,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF WINDSTREAM NUVOX,INC.FOR A )CASE NO.WNV-T-11-O1
CERTIFICATE OF PUBLIC )
CONVENIENCE AND NECESSITY )NOTICE OF APPLICATION
)
)NOTICE OF
)MODIFIED PROCEDURE
)
________________________________
)ORDER NO.32270
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on February 18,2011,Windstream NuVox,
Inc.(“Windstream”or “Company”)filed an Application,including a copy of its illustrative
tariff,for a Certificate of Public Convenience and Necessity (“CPCN”),pursuant to Idaho Code
§s5 61-526 through -528’,IDAPA 31.01.01.111 (Rule 111),and Procedural Order No.26665,to
provide resold and facilities-based local exchange telecommunications services in Idaho.
YOU ARE FURTHER NOTIFIED that Windstream proposes to provide wireline
local telecommunications service.Once authorized by the Commission,the Company will
provide local exchange service including,among other things,access to emergency services,
access to operator services,access to interexchange service,access to directory assistance,toll
limitation for qualifying low-income consumers,and any other ancillary functionalities that
Windstream must provide pursuant to applicable statutes and regulations and exchange access
service.
YOU ARE FURTHER NOTIFIED that Windstream states that it may also provide
facilities-based services.Such facilities-based local exchange service may be provided via (1)
facilities leased from other carriers,(2)Windstream’s own facilities,or (3)a combination
thereof.
YOU ARE FURTHER NOTIFIED that Windstream is authorized to provide
telecommunications services in the following states:Alabama,Florida,Georgia,Kentucky,
Louisiana,Mississippi,North Carolina,South Carolina and Tennessee.In addition to requesting
Pursuant to the Idaho Telecommunications Act of 1988,specifically Idaho Code §62-604(1)(a),Windstream is
exempt from Title 61 regulation.
NOTICE OF APPLICATION
NOTICE OF MOD1FIED PROCEDURE
ORDERNO.32270 1
a CPCN to provide telecommunications services in idaho,the Company is in the process of
requesting authority to provide telecommunications services in Arizona,California,Connecticut,
Colorado,Maine,Montana,Nevada,New Hampshire,New Jersey,New Mexico,Oregon,Rhode
Island.Utah,Vermont and Wyoming.
YOU ARE FURTHER NOTIFIED that Windstream has agreed to comply with all
Commission rules and regulations in marketing its services in the State of Idaho.
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.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 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 service 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 Jean L.Kiddoo
Idaho Public Utilities Commission Brett P.Ferenchak
P0 Box 83720 Kimberly A.Lacey
Boise,ID 83720-0074 Bingham McCutchen LLP
2020 K Street,N.W.
Street Address for Express Mail:Washington,DC 20006
Email:jean.kiddoo()bingham.com
472 W.Washington Street brett.ferenchak(),bingham.com
Boise,ID 83702-5918 kimberly.lacey(bingham.com
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 home page 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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32270 2
document.These comments must also be sent to the Applicant at the e-mail addresses listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests 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 the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is also available on the Commission’s website at
www.puc.idaho.gov by clicking on “File Room”and then the “Telephone Cases.”
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 62 of the Idaho Code,specifically Idaho
Code §62-604 and 62-615.The Commission may enter any final Order consistent with its
authority under Title 62 and Commission Rule of Procedure 114,IDAPA 31.01.01.114.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 3 1.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure.Persons interested in submitting written comments regarding this case or protesting
the use of Modified Procedure should do so no later than 21 days from the service date of this
Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32270 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 3
day of June2011.
x
MACK A.REDFORICOMMISSIONER
ATTEST:
Jd’a D.Jewelt!
Commission Secretary
MARSHA H.SMITH,COMMISSIONER
O:WNV-T-1 1-01 up
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO,32270 4