20041006Notice of Application Order No 29608.pdf

Office of the Secretary
Service Date
October 6, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF XO COMMUNICATIONS SERVICES
INC. FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE COMPETITIVE
TELECOMMUNICATIONS SERVICES
WITHIN THE STATE OF IDAHO
CASE NO. XOC-04-
NOTICE OF APPLICATION
NOTICE OF MODIFIED
PROCEDURE
NOTICE OF COMMENT/
PROTEST DEADLINE
ORDER NO. 29608
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on July 27, 2004 XO Communications
Services, Inc. filed an Application for a Certificate of Public Convenience and Necessity with the
Commission seeking its review and approval.
YOU ARE FURTHER NOTIFIED that according to its Application
Communications Services, the Applicant, and XO Idaho Inc. are both wholly owned, direct
subsidiaries of XO Communications, Inc. XO Idaho is currently authorized to provide
competitive local exchange and interchange telecommunications services pursuant to
Certificate of Public Convenience and Necessity granted by this Commission in Case No. GNR-
T -99-, Order No. 28134. XO Communications Services states that the purpose of the
Application is to complete an internal corporate re-organization whereby upon the Commission
grant of authority requested by the Application XO Idaho will transfer its intrastate
telecommunications assets and customers to XO Communications Services through a merger
between the two subsidiaries.After the merger XO Idaho will cease to exist and XO
Communications Services will assume all of XO Idaho current operations and customers.
YOU ARE FURTHER NOTIFIED that the Application states that
Communications Services intends to offer a complete set of telecommunications services, which
includes local and long distance voice, Internet access, Virtual Private Networking (VPN),
Ethernet, Wavelength Web Hosting, and integrated voice and data services. The proposed
service area is statewide. The Application states that the Company will provide services
ORDER NO. 29608
primarily to small and medium-sized business customers, as well as large business enterprises
(e., national customers with multiple locations), governmental entities, and institutional end
users.
YOU ARE FURTHER NOTIFIED that the Application filed in Case No. XOC-04-
1 can be viewed during regular business hours at the offices of the Idaho Public Utilities
Commission, 472 West Washington Street, Boise, Idaho.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 61 of the Idaho Code and that the
Commission may enter any final Order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAP A 31.01.01.000 et seq.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filing of
record in Case No. XOC-04-1. 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 comment 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.
31.01.01.203.
Reference IDAPA
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 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
ORDER NO. 29608
Case No. XOC- T -04-1 is 21 days from the service date of this Order. Persons desiring a
hearing must specifically request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No.
XOC- T -04-1 should be mailed to the Commission and to XO Communications Services, Inc. at
the addresses reflected below.
Commission Secretary
Idaho Public Utilities Commission
Po Box 83720
Boise, ID 83720-0074
Brett Heather Freedson
Kelley Drye & Warren LLP
1200 Nineteenth Street, NW, Suite 500
Washington, D.C. 20036
E-mail: bfreedson~kelleydrye.com
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.state.id.. 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 Applicants at the address listed above.
ORDER
IT IS HEREBY ORDERED that this case 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.
ORDER NO. 29608
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this U-fl-..
day of October 2004.
, PRESIDENT
ARSHA H. SMITH, COMMISSIONER
ATTEST:
D. Jewell
ission Secretary
O:XOCT0401 dw
ORDER NO. 29608