20051128_1406.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:DONOV AN WALKER
DATE:NOVEMBER 23, 2005
RE:APPLICATION OF 360NETWORKS (USA) INc. FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE
FACILITIES-BASED LOCAL EXCHANGE TELECOMMUNICATIONS
SERVICES, CASE NO. WFN-05-
On September 22 2005 , 360networks (USA) inc. ("360networks" or the "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 Idaho 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. See Order No. 29894. No comments were received other
than those submitted by Commission Staff.
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 in December 31 , 2003 and 2004, and the appropriate contact
information for its registered agent for service of process within Idaho.
DECISION MEMORANDUM - 1 -
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
approval of a Certificate of Public Convenience and Necessity to provide local exchange
services, primarily through interconnection with Qwest's network.
STAFF COMMENTS
Staff had reviewed the Application submitted by 360networks. The Company
understands and agrees to comply with the Commission rules and requirements. Based on this
review, the Company s filing fulfills the requirements of the Commission Rules and Procedural
Order No. 26665. The Staff believes that the Company possesses the requisite financial
managerial and technical qualifications necessary to operate as a provider of
telecommunications services. Therefore, Staff recommends approval of the Application for a
Certificate of Public Convenience and Necessity.
COMMISSION DECISION
Does the Commission wish to approve 360networks (USA) inc.s Application for a
Certificate of Public Convenience and Necessity?
to("
ovan Walker
M:WFN-O5-01 dw2
DECISION MEMORANDUM - 2 -