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HomeMy WebLinkAbout20031112_682.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:LISA NORDSTROM DATE:NOVEMBER 6, 2003 RE:IN THE MATTER OF THE APPLICATION OF ALTICOMM, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. CASE NO. GNR- T -03- On January 22 2003 , AltiComm, Inc. filed an Application for a Certificate of Public Convenience and Necessity to resell basic local exchange service within the State of Idaho. The Commission issued a Notice of Application and Modified Procedure on September 25 2003. Order No. 29338. In comments filed October 16 2003 , Staff recommended denial ofthe Application due to AltiComm s troubled financial condition. Although AltiComm expects to receive an influx of venture capital in the short term, the Company requested leave to withdraw its Application without prejudice in the attached email dated November 4, 2003. AltiComm indicated that it plans to refile its Application as soon as the funding has been finalized and received. STAFF RECOMMENDATION Staff recommends the Commission approve the Company s request to withdraw its Application and that Case No. GNR-03-6 be closed. COMMISSION DECISION Does the Commission wish to allow AltiComm, Inc. to withdraw its Application without prejudice, thus closing the case? /1' M:GNRTO306 In Page 1 of2 Lisa Nordstrom From:Birdelle Brown Sent: Tuesday, November 04 200310:02 AMTo: Lisa Nordstrom Subject: FW: Alticomm Application for CPCN - Idaho ----- Original Message----- From: Corn blatt, Jim (mailto:jim.cornblatt(Q)alticomm.com) Sent: Tuesday, November 04 20038:40 AM To: Birdelle Brown Cc: mhaab(Q)nbglaw.com; Stern, Allan; Bok, Alex; Richard Berenson (E-mail) Subject: RE: Alticomm Application for CPCN - Idaho Birdelle: Per your voicemaillast Friday and in accordance with my voicemail yesterday, this will confirm that AltiComm desires to withdraw its Application for CPCN in Idaho, without prejudice. As we discussed , we have received a term sheet for funding by a respected venture capital firm and that funding would , we believe , alleviate staffs concern as to AltiComm s finances. However, since we cannot be certain when the actual funds will arrive (and historically, virtually all funding takes longer than promised), we do not want to ask the Commission for a short delay when we cannot be certain that a short delay will be sufficient. As we discussed, we expect to re-file again in the very near future, hopefully before the end of this year, as soon as the funding has been finalized and received. Thank you for your help and attention to this Application and please let me know if something more formal than this e-mail is necessary to withdraw the Application. I will advise when we are ready to re-file. Jim Cornblatt AltiComm, Inc. 115 Shawmut Road Canton, MA 02021 781-989-4500 ext.165 (V) 781-575-9221 (F) ----- Original Message----- From: Birdelle Brown (mailto:bbrown(Q)puc.state.id.us) Sent: Friday, October 17, 2003 3:27 To: mhaab(Qjnbglaw.com; jim.cornblatt(Q)east-tel.com Cc: Lisa Nordstrom Subject: Alticomm Application for CPCN - Idaho I am emailing each of you a courtesy copy of my comments to the Commission regarding your Application. My purpose for this is to give you an opportunity to file reply comments. While this is not a routine procedure, we feel that you ought to have the opportunity to address the concerns I included in my comments. If you choose to file reply comments, please have them delivered to us by October 27. (If you need more time than this, please let me know). With or without your reply comments (or request for a later date), we will seek a decision from the Commission at that time regarding your application. Birdelle Brown 11/5/2003 Page 2 of2 Idaho Public Utilities Commission 208-334-0352 mi;!HtQ;RJ~fQWn~ P!JG,!) Ji;!t~jc:l.!J? 11/5/2003