S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *

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1 S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the application of ) FIBERNET OF MICHIGAN, L.L.C., for ) a license to provide basic local exchange ) Case No. telecommunications services in selected ) exchange areas of Ameritech Michigan. ) ) At the August 17, 1999 meeting of the Michigan Public Service Commission in Lansing, Michigan. PRESENT: Hon. John G. Strand, Chairman Hon. David A. Svanda, Hon. Robert B. Nelson, OPINION AND ORDER On May 4, 1999, FiberNet of Michigan, L.L.C., (FiberNet) filed an application, pursuant to the Michigan Telecommunications Act, MCL et seq.; MSA (101) et seq., for a license to provide basic local exchange service in the following Ameritech Michigan exchanges and zones: Ann Arbor, Brighton, Fenton, Grand Blanc, Howell, Lapeer, Plymouth, Whitmore Lake, Ypsilanti, selected zones of the Detroit District Exchange (Birmingham, Farmington, Royal Oak, Southfield, and West Bloomfield), and selected zones of the Pontiac District Exchange (Auburn Heights, Lake Orion, Pontiac, Rochester, and Walled Lake). At a hearing on August 3, 1999, FiberNet presented the testimony and exhibits of Robert J. Shanahan, its President and Chief Operating Officer. The Commission Staff presented the testimony of

2 David M. Flees, an Auditor in the Competitive Services Section of the Commission s Communications Division. Mr. Flees indicated that if the Commission grants the application, it should acknowledge certain regulatory requirements specified in the Michigan Telecommunications Act. At the close of the hearing, the parties waived compliance with the provisions of Section 81 of the Michigan Administrative Procedures Act, MCL ; MSA 3.560(181). After a review of the application and testimony, the Commission finds that approval of FiberNet s application is in the public interest. On numerous occasions, the Commission has found that competition can be advantageous to the citizens of this state. Approval of FiberNet s request for a license to provide basic local exchange service in the requested areas will expand the opportunities for competition. Accordingly, FiberNet s application should be approved. The grant of a license is conditioned on compliance with the anti-slamming procedures adopted on July 28, 1999 in Case No. U Failure to comply fully with those procedures may result in revocation of the license or other penalties. The Commission FINDS that: a. Jurisdiction is pursuant to 1991 PA 179, as amended, MCL et seq.; MSA (101) et seq.; 1969 PA 306, as amended, MCL et seq.; MSA 3.560(101) et seq.; and the Commission's Rules of Practice and Procedure, as amended, 1992 AACS, R et seq. b. FiberNet possesses sufficient technical, financial, and managerial resources and abilities to provide basic local exchange service to every person within the geographic area of the license. c. Granting FiberNet a license to provide basic local exchange service in the requested areas will not be contrary to the public interest. Page 2

3 THEREFORE, IT IS ORDERED that: A. FiberNet of Michigan, L.L.C., is granted a license to provide basic local exchange service in the following Ameritech Michigan exchanges and zones: Ann Arbor, Brighton, Fenton, Grand Blanc, Howell, Lapeer, Plymouth, Whitmore Lake, Ypsilanti, selected zones of the Detroit District Exchange (Birmingham, Farmington, Royal Oak, Southfield, and West Bloomfield), and selected zones of the Pontiac District Exchange (Auburn Heights, Lake Orion, Pontiac, Rochester, and Walled Lake). B. FiberNet of Michigan, L.L.C., shall provide basic local exchange service in accordance with the regulatory requirements specified in the Michigan Telecommunications Act, MCL et seq.; MSA (101) et seq., including the anti-slamming procedures adopted on July 28, 1999 in Case No. U C. Before commencing basic local exchange service, FiberNet of Michigan, L.L.C., shall submit its tariff reflecting the services that it will offer and identifying the exchanges in which it will offer service. The Commission reserves jurisdiction and may issue further orders as necessary. Page 3

4 Any party desiring to appeal this order must do so in the appropriate court within 30 days after issuance and notice of this order, pursuant to MCL ; MSA MICHIGAN PUBLIC SERVICE COMMISSION /s/ John G. Strand Chairman ( S E A L ) /s/ David A. Svanda /s/ Robert B. Nelson By its action of August 17, /s/ Dorothy Wideman Its Executive Secretary Page 4

5 Any party desiring to appeal this order must do so in the appropriate court within 30 days after issuance and notice of this order, pursuant to MCL ; MSA MICHIGAN PUBLIC SERVICE COMMISSION Chairman By its action of August 17, Its Executive Secretary Page 5

6 In the matter of the application of ) FIBERNET OF MICHIGAN, L.L.C., for ) a license to provide basic local exchange ) Case No. telecommunications services in selected ) exchange areas of Ameritech Michigan. ) ) Suggested Minute: Adopt and issue order dated August 17, 1999 granting FiberNet of Michigan, L.L.C., a license to provide basic local exchange service, as set forth in the order.

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