28454.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF WINSTAR WIRELESS, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES. )
)
)
)
)
)
CASE NO. WWI-T-00-1

ORDER NO. 28454

On February 14, 2000, Winstar Wireless, Inc. filed an Application for a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services within the state of Idaho. On May 31, 2000, the Commission issued a Notice of Application and Modified Procedure requesting interested persons file written comments regarding the Application by Winstar. Only the Commission Staff filed comments and it supported the issuance of the Certificate. Based upon our review of the Application and the Staff’s comments, the Commission grants Winstar’s Application.
BACKGROUND
Winstar is incorporated in the state of Delaware and is a wholly-owned subsidiary of Winstar Communications, Inc., which is a publicly traded Delaware corporation. Winstar does not own any subsidiaries or maintain an office in Idaho but does have a registered agent for service in this state.
Winstar stated that it desires to initially provide resold and facilities-based local services within the state of Idaho. Winstar may eventually use its own facilities to provide switched and dedicated local exchange services. The Company desires to provide intrastate telecommunications services including basic exchange services; custom and class features; adjunct provided features; ancillary services; and carrier access services. Winstar proposes to provide these services to predominantly small and medium-sized businesses within the state of Idaho. Although Winstar seeks a Certificate to provide local exchange services throughout the state, it does not intend to serve areas already served by incumbent local exchange companies that qualify for a rural exemption pursuant to Section 251(f) of the federal Telecommunications Act.

Staff Comments
Staff reviewed Winstar’s Application and concluded Winstar understands the Commission’s rules and requirements. Staff believes that the Application satisfies all the requirements of the Commission’s Rules and Procedural Order No. 26665.
COMMISSION FINDINGS
Based on the Commission’s review of the record and Staff’s comments, the Commission finds that Winstar’s Application complies with the Commission’s Rules to obtain a Certificate of Public Convenience and Necessity. The Commission therefore approves Winstar’s Application for a Certificate to provide local exchange service within the state of Idaho.
O R D E R
IT IS HEREBY ORDERED that Winstar Wireless, Inc. is granted a Certificate of Public Convenience and Necessity to provide local telecommunications service within the state of Idaho subject to the provisions of Section 251 (f) of the federal Telecommunications Act.
THIS IS A FINAL ORDER. Any person interested in this Order or in interlocutory Orders previously issued in this Case No. WWI-T-00-1 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 or in interlocutory Orders previously issued in this Case No. WWI-T-00-1. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61626 and 62-618.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of July 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

bls/O:wwit001_dh2

ORDER NO. 28454 -1-

Office of the Secretary
Service Date
August 8, 2000