20231025Notice_of_Application_Order_No_35968.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35968 1
Office of the Secretary
Service Date
October 25, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF BOOMERANG
WIRELESS LLC’S APPLICATION
SEEKING A PARTIAL
RELINQUISHMENT OF ITS
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER
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CASE NO. BWL-T-23-02

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35968

On October 4, 2023, Boomerang Wireless, LLC d/b/a En Touch Wireless, (“Company”)
applied to the Idaho Public Utilities Commission (“Commission”) seeking a partial relinquishment
of its eligible telecommunications carrier (“ETC”) designation.
The Commission now issues a Notice of Application 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 states that it uses several underlying
carriers (“UC[s]”) including Sprint, Verizon Wireless (“VW”), T-Mobile, and AT&T Mobility
(“AT&T”).
YOU ARE FURTHER NOTIFIED that the Company’s Application for a partial
relinquishment of its ETC status consists of two requests: (1) revocation of its ETC status in only
those areas where the Company uses VW as an underlying carrier; and (2) authorization to
discontinue use of VW and AT&T as underlying carriers of its service within the State of Idaho.
YOU ARE FURTHER NOTIFIED the Company states that its requested partial
relinquishment complies with federal law. Relatedly, the Company states that its Application
provides notice to the Commission as required by 47 U.S.C. § 214 (e)(4).
YOU ARE FURTHER NOTIFIED the Company represents that more than one ETC
currently serves the areas where the Company uses VW as an UC. The Company also states that
these ETCs will be able to continue to serve customers in the service area without building
additional facilities.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35968 2
YOU ARE FURTHER NOTIFIED the Company requests an effective date of December
4, 2023.
YOU ARE FURTHER NOTIFIED that the Application is available for public inspection
during regular business hours at the Commission’s office. The Application is also available on the
Commission’s website at www.puc.idaho.gov. Click on the “TELEPHONE” 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 Title 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 that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the 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 the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments and explain why written comments alone will not be sufficient in this case. Persons
interested in filing written comments must do so within 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 website 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 customer must e-mail the
comments 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:

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35968 3
For the Idaho PUC:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714

For the Company:

J. Andrew Gipson, Esq.
J. A. Gipson Advisors, PLLC
414 Holly Grove Circle
Braxton, MS 30944
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within 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 Application be processed by Modified Procedure.
Persons interested in submitting written comments must do so within 21 days of the service date
of this Order. The Company must file any reply comments within 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.
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35968 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 25th day of
October 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

____________________________________
Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\BWLT2302_Ntc_App_Mod_md.docx