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HomeMy WebLinkAbout20220715Notice_of_Application_Order_No_35467.pdfNOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35467 1 Office of the Secretary Service Date July 15, 2022 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION On March 23, 2022, AirVoice Wireless, LLC d/b/a AirTalk (“Company”) applied for Limited Designation as an Eligible Telecommunications Carrier (“ETC”) in Idaho. The Company filed additional supplements to its Application on April 22, 2022, and on June 2, 2022, further elucidating its technical and financial capabilities The Commission now issues Notice of the Company’s Application and Notice of Modified Procedure and sets deadlines for interested persons to comment on the Application, and for the Company to reply. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company seeks limited designation, solely to provide Lifeline service. YOU ARE FURTHER NOTIFIED the Company states that it is not eligible to seek access to funds from the federal Universal Service Fund (“USF”) “for the purpose of participating in the Link-Up program or providing service to high-cost areas.” Application at 4. The Company requests that its designation as an ETC include the authority to participate in and receive reimbursement from the Idaho Telephone Service Assistance Program (“ITSAP”). YOU ARE FURTHER NOTIFIED that the Company asserts it meets all federal and state requirements for designation as an ETC and argues that designating the Company as an ETC is in the public interest. The Company asks that the Commission grant it ETC status “expeditiously”. Id. at 5. YOU ARE FURTHER NOTIFIED that the Application and supporting supplements are available for public inspection during regular business hours at the Commission’s office. These documents are also available on the Commission’s website at www.puc.idaho.gov. Click on the IN THE MATTER OF AIRVOICE WIRELESS, LLC’S d/b/a AIRTALK APPLICATION FOR LIMITED DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER IN THE STATE OF IDAHO ) ) ) ) ) ) ) ) CASE NO. AVW-T-22-01 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35467 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35467 2 “TELECOM” icon, select “Open Cases,” and click on the case number as shown on the front of this document. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission’s jurisdiction under Titles 61 and 62 of the Idaho Code. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq. NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201 through .204. The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this Application may file a written comment explaining why they support or oppose the Application. Persons who would like a hearing must specifically request a hearing in their written comments. Persons interested in filing written comments must do so within twenty-one (21) days of the service date of this Order. Comments must be filed through the Commission’s website or by e-mail unless computer access is unavailable. To comment electronically, please access the Commission’s home page at www.puc.idaho.gov. Click the “Case Comment Form” and complete the form using the case number as it appears on the front of this document. To file by e- mail, the comments must be e-mailed to the Commission Secretary and the Company at the e-mail addresses listed below. If computer access is unavailable, then comments may be mailed to the Commission and Company at these addresses: For the Idaho Public Utilities Commission: Commission Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83720-0074 E-mail: secretary@puc.idaho.gov For the Company: Lance J.M. Steinhart Managing Attorney Lance J.M. Steinhart, P.C. 1725 Windward Concourse, Suite 150 Alpharetta, Georgia 30005 E-mail: lsteinhart@telecomcounsel.com NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35467 3 Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within twenty-eight (28) days of the service date of this Order. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set, the Commission will consider this matter on its merits and enter its order without a formal hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing. O R D E R IT IS HEREBY ORDERED that the Company’s Application be processed by Modified Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in filing written comments must do so within twenty-one (21) days from the service date of this Order. The Company must file any reply comments within twenty-eight (28) days of the service date of this Order. IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between parties should continue to be accomplished electronically when possible. However, voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35467 4 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 15th day of July 2022. __________________________________________ ERIC ANDERSON, PRESIDENT __________________________________________ JOHN CHATBURN, COMMISSIONER __________________________________________ JOHN R. HAMMOND JR., COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\TELECOM\AVW-T-22-01\AVW-T-21-01\Orders\AVWT2201_ntc app mod_rn.docx