20210325Comments.pdf

MATT HUNTER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BARNO. 10655
IN THE MATTER OF CABLE ONE VOIP
LLC'S APPLICATION FOR DESIGNATION AS
AI\ ELIGIBLE TELECOMMUNICATIONS
CARRIER IN IDAHO TO RECETVE RURAL
DIGITAL OPPORTUNITY FUND (AUCTION
904) SUPPORT FOR VOICE AND BROADBANI)
SERVICES AND TO RECEIVE FEDERAL
LIFELINE SUPPORT
CASE NO. CAB.T.2I.OI
COMMENTS OF THE
COMMISSION STAFF
j-i5,SiI lf 'S...$
' .;t:'-1r: EU O.t.?i .: ,'i-!r aLj Hll U. riU
'--t' *" i *'l- ,. ,. ,..i Ii.:. i'. l',-'.t:r:+ii+*iS-1
Street Address for Express Mail:
11331 W CHINDEN BLVD, BLDG 8, SUITE 2OI-A
BOISE, TD 83714
Attomey for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
)
)
)
)
)
)
)
)
)
STAFF OF the Idaho Public Utilities Commission, by and through its Attomey of
record, Matt Hunter, Deputy Attorney General, submits the following comments.
BACKGROUND
On January 8,2021, Cable One VoIP LLC ("Cable One" or the "Company") applied for
designation as an Eligible Telecommunications Carrier ("ETC") in Idaho. The Company needs
ETC designation so that it can receive funding it was provisionally awarded under the Federal
Communications Commission ("FCC") Rural Digital Opportunity Fund ("RDOF") Auction.
The Company's parent company, Cable One, Inc., was part of a consortium that was a
winning bidder in the RDOF Auction to provide voice and broadband services in select census
blocks in numerous states, including Idaho. The Company states that the consortium assigned
Cable One, Inc. the RDOF support for winning bids in Idaho, and the Company will ultimately
STAFF COMMENTS MARCH 25,2021I
be responsible for fulfilling "the public interest obligations associated with receiving RDOF
support for Idaho." Application at 4.
The Company seeks ETC designation from the Commission for the census blocks where
it will receive RDOF support. See Application, Exhibit 1. Additionally, the Company seeks
"Lifeline-only ETC designation in areas not eligible for high-cost support for the limited purpose
of becoming eligible to receive Lifeline support...." Applicationat2.
The Company asserts it meets all federal and state requirements for designation as an
ETC and that designating the Company as an ETC is in the public interest. The Company asks
the Commission to grant its ETC status before June 7, 2021.
THE APPLICATION
Cable One is a Delaware limited liability company with its principal place of business at
2108. Earl Drive, Phoenix, Arizona85012. Application at 3. Cable One is authorized to do
business in Idaho. See Id., Exhibit 2. The Company notes it "currently offers interconnected
Voice of Intemet Protocol ("VoIP") services in the state of Arizona." Application at 3.
The Company states it qualifies for ETC designation under the federal
Telecommunications Act of 1996 (47 U.S.C. $ 21a(e)). Id. Specifically, the Company asserts it
satisfies the requirements for designation as an ETC in that it: would serve the public interest if
the Company were designated an ETC; is a common carrier; commits to provide services
supported by federal universal support mechanisms; will advertise the availability of supported
services; will make Lifeline service available to qualifying low-income customers; is financially
and technically capable of offering Lifeline service; has provided a copy of its Application to the
Shoshone-Bannock Tribal Attorney's Office; has the ability to remain functional in emergency
situations; commits to comply with service qualrty standards and consumer protection rules; and
will comply with all applicable annual reporting requirements. Id. at 5-15.
STAFF ANALYSIS
Staff has reviewed Cable One's Application and has conducted an analysis of the
Company's fulfillment of the federal Telecommunications Act of l996,the FCC's regulations,
the RDOF requirements, and Commission Order No. 29841. In addition, Staff has analyzed the
public interest considerations of awarding the Company ETC designation. Specif,rc state and
federal requirements for ETC designation are discussed in more detail below.
STAFF COMMENTS MARCH 25,20212
Public Interest Analysis
Staff typically applies a two-prong test when analyzing whether a company's ETC
application is in the public interest. First, Staff verifies that the company will contribute to the
appropriate Idaho funds. Second, Staff analyzes whether the company's application raises
"cream skimming" concerns.
In its Application, Cable One confirms that upon designation as an ETC in Idaho, the
Company would participate in the appropriate Idaho programs, comply with the Commission's
annual reporting requirements, and otherwise comply with Order No. 29841. Application at 14.
The Company requests ETC designation for entire census blocks in areas that are unserved, high
cost areas of Idaho; therefore, no cream skimming analysis is required. See Id. at 6-7, Exhibit 1.
Thus, Staff believes Cable One's Application satisfies the public interest considerations.
Network Improvement Plan
The Commission requires all ETCs receiving high-cost support to provide a two-year
network improvement and progress report. See Order No. 29841 at 18. However, the FCC
waived the requirement for a winning bidder to file a five-year plan as part of the FCC ETC
designation process. WCB Reminds Connect Am. Fund Phase II Auction Applicants of the
Processfor ObtainingA Fed. Designation as an Eligible Telecommunications Carrier,33 F.C.C.
Rcd. 6696 (2018). The FCC removed this requirement because it "adopted more specific
measures to track deployment, including annual reporting of service to geocoded locations and
certification of compliance with benchmark milestones." Id.
The Company did not provide a two-year network improvement and progress report as
part of its Application. The Company notes that "the FCC has waived the requirement for a
winning bidder in Auction 904 to file a five-year network improvement plan as part of the ETC
designation process." Id. at 12. Cable One "requests the Commission waive its two-year
network improvement plan requirement as it has done for other ETC applicants based on similar
facts addressing such plan requirements." Id. Staff believes a waiver to the Commission's two-
year plan requirement is appropriate because of the FCC's heightened oversight of RDOF Action
wrnners.
STAFF COMMENTS MARCH 25,2021J
Ability to Remain Functional in Emergencies
The Company states that it has a "reasonable amount of back-up power to ensure
functionality without an extemal power source, is able to re-route traffic around damaged
facilities, and is capable of managing traffic spikes resulting from emergency situations."
Application at 12. Staff agrees Cable One satisfies this requirement.
Other ETC Designation Requirements
Additional requirements for ETC designation are detailed in Appendix I of Order No.
29841and are discussed in more detail below.
l. Common Carrier Status. Cable One is a cofllmon carrier as defined in U.S.C.
Title 47. Id. at7.
2. Provide Universal Services. Cable One will provide all required services and
tunctionalities as set forth in Section 54.101(a) of the FCC's Rules (47 C.F.R. $ 54.101(a)). 1d.
at7-9.
3. Advertisine. Cable One will advertise the availability and rates for its services
described in the Application through media of general distribution as required by 47 U.S.C.
$ 21a(eXl)(B). Id. at 9-10.
4. A Commitment to Consumer Protection and Service. Cable One commits to
satisfuing all such applicable state and federal requirements related to consumer protection and
service quality standards. Id. at 13.
5. Description of the Local Usage Plan. Cable One asserts it "will offer calling
plans comparable to those offered by ILECs in the Designated Service Area." Id. at 14
STAFF RECOMMENDATIONS
Based on its review of the Company's Application, Staff believes the Application
demonstrates the Company's commitment to fulfill the obligations of an ETC in Idaho. The
Company will provide all universal services supported by the federal USF throughout its service
territory; it has addressed all the public interest questions that accompany an ETC application;
and it has provided a local usage plan. Thus, Staff believes Cable One's Application for
designation as an ETC is in the public interest and should be approved.
STAFF COMMENTS MARCH 25,20214
Respectfully submitted this 2 t lA day of March202l
Matt Hunter
Deputy Attomey General
Technical Staff: Daniel Klein
i:umisc/comments/cabt2l. lmhdk comments
5STAFF COMMENTS MARCH 25,202I
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 25TH DAY OF MARCH 2021,
SERVED THE FOREGOING COMMENTS OF TIIE COMMISSION STAFF, IN
CASE NO. CAB-T-2I.OI, BY E-MAILING A COPY THEREOF TO THE
FOLLOWING:
RONALD WILLIAMS
WILLIAMS BRADBURY PC
802 W BANNOCK ST
STE LP1OO
BOISE ID 83702
E-MAIL : [e-mail]
CHERIE R KISER
ANGELA F COLLINS
CAHILL GORDON & REINDEL
I99O K ST NW STE 950
WASHINGTON DC 20006
E-MAIL: [e-mail]
[e-mail]
SECRET
CERTIFICATE OF SERVICE