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HomeMy WebLinkAbout20230118Notice_of_Application_Order_No_35665.pdfNOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35665 1 Office of the Secretary Service Date January 18, 2023 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION On January 13, 2023, Cable One VoIP LLC d/b/a Sparklight (“Company”)1, submitted an Amended Request to Partially Relinquish portions of its Eligible Telecommunications Carrier (“ETC”) designation in Idaho (“Amended Application”). The Idaho Public Utilities Commission (“Commission”) now sets deadlines for interested persons to comment on the Amended Application, and for the Company to reply. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company represents that its parent company, Cable One, Inc., was part of a consortium that was a winning bidder in the Rural Digital Opportunity Fund (“RDOF”) Auction 904 to provide voice and broadband services in select census blocks in numerous states, including Idaho. Amended Application at 2. The Company states that the Commission, in Case No. CAB-T-21-01, “designated the Company as an ETC in 57 census block groups in which the Company was deemed the winning bidder in Auction 904 as well as additional geographic areas in which the Company requested to be designated as an ETC for the provision of federal Lifeline services.” Id. YOU ARE FURTHER NOTIFIED that the Company states that the Federal Communications Commission (“FCC”) sent a letter to the Company (and other winning RDOF bidders) requesting it to review its service areas in numerous states, including in Idaho, and assess whether these areas were already being served by “‘one or more service providers.’” Id. at 2-3. 1 The Company represents that it is a wholly owned subsidiary of Cable One, Inc., a publicly traded Delaware corporation which, along with its wholly owned subsidiaries, provides broadband, Internet access, cable/video, and voice services in 23 states, including Idaho. Amended Application at 2. IN THE MATTER OF CABLE ONE VOIP LLC’S APPLICATION TO PARTIALLY RELINQUISH DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER ) ) ) ) ) ) ) ) ) CASE NO. CAB-T-22-01 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35665 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35665 2 YOU ARE FURTHER NOTIFIED that the Company asserts that, in response to the FCC letter, it has substantially reduced its RDOF service territory and determined that “it no longer has a need for Lifeline-only ETC authority in non-RDOF areas.” Id. at 4. As such, the Company request a Commission order “confirming the Company’s partial relinquishment of its RDOF ETC designation and relinquishment of its Lifeline ETC designation in non-RDOF areas.” Id. at 6. YOU ARE FURTHER NOTIFIED that the Company states that it does not currently serve any customers in Idaho and that it complied with all applicable state and federal laws in seeking to relinquish its RDOF ETC and Lifeline ETC designation in non-RDOF areas. YOU ARE FURTHER NOTIFIED that the Amended Application is available for public inspection during regular business hours at the Commission’s office. This document is also available on the Commission’s homepage at www.puc.idaho.gov. Click on the “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 and specifically Idaho Code § 62-615. 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 shall have 21 days from the service date of this Order to file comments. 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 homepage at www.puc.idaho.gov. Click the “Case Comment Form” and complete the form using the case NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35665 3 number as it appears on the front of this document. To file by e-mail, the customer must e-mail the comments to the e-mail addresses listed below. If computer access is unavailable, then comments may be mailed to the Commission and the Company at the following 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 Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, Idaho 83714 For the Company: Ronald Williams Hawley Troxell. 877 W. Main Street, 10th Floor Boise, ID 83702 E-mail: ron@williamsbradbury.com Chérie R. Kiser Angela F. Collins Cahill Gordon & Reindel LLP 1990 K Street, N.W., Suite 950 Washington, DC 20006 E-mail: ckiser@cahill.com acollins@cahill.com YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within 28 days from 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 submitting written comments must do so within 21 days from the service date of this Order. The Company must file any reply comments within 28 days from 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 shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between parties should also be accomplished electronically. 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. 35665 4 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 18th day of January 2022. __________________________________________ ERIC ANDERSON, PRESIDENT __________________________________________ JOHN CHATBURN, COMMISSIONER __________________________________________ JOHN R. HAMMOND JR., COMMISSIONER ATTEST: _________________________________ Jan Noriyuki Commission Secretary I:\Legal\TELECOM\CAB-T-22-01\CABT2201_ntc app mod_rn.docx