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HomeMy WebLinkAbout20230224Final_Order_No_35688.pdfORDER NO. 35688 1 Office of the Secretary Service Date February 24, 2023 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION On August 1, 2022, 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. On January 13, 2023, the Company submitted an Amended Application (“Amended Application”) changing the caption from its August 2022 Application. On January 18, 2023, the Commission issued a Notice of Application and Notice of Modified Procedure, and set public comment and Company reply comment deadlines. Order No. 35665. Staff filed the only comments in this case. With this Order, the Idaho Public Utilities Commission (“Commission”) grants the Company’s request. APPLICATION The Company represented 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 stated 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. The Company stated 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 1The Company represented 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 ORDER NO. 35688 ORDER NO. 35688 2 numerous states, including in Idaho, and assess whether these areas were already being served by “‘one or more service providers.’” Id. at 2-3. The Company asserted that, in response to the FCC letter, it had 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 requested 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. The Company stated that it did 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. STAFF COMMENTS Staff stated that the Company complied with all federal and state requirements in partially relinquishing its RDOF ETC and Lifeline ETC designation and recommended the Commission granted the Company’s request. Staff specifically noted the Company’s representation that “numerous other ETC providers are currently serving customers in the designated area, and it currently has no customers that require Commission assurance of continued service.” Staff Comments at 3. COMMISSION FINDINGS AND DECISION The Commission has authority to grant ETC designation to a telecommunications carrier under federal and state law. 47 U.S.C. § 214(e); and Idaho Code §§ 62-610D, 62-615(1). The Commission may also “permit an . . . [ETC] . . . to relinquish its designation as such a carrier in any area served by more than one (1) . . . [ETC ,] . . .” provided such carrier provides notice to the Commission. Idaho Code § 62-610D(4). Before the Commission permits an ETC to cease providing universal service, the Commission shall require that all customers served by the relinquishing carrier will continue to be served. See id. The Commission has reviewed and considered the record in this case, including the Company’s Application and Staff Comments. The Commission finds that the Company properly notified the Commission of its intent to partially relinquish its ETC designation in certain areas. The Commission also finds that, because the Company serves no customers in the designated areas, there is no requirement that remaining ETCs ensure that all customers of the “relinquishing carrier will continued to be served” under Idaho Code § 62-610D(4). ORDER NO. 35688 3 ORDER IT IS HEREBY ORDERED that the Company’s request to partially relinquish its designation as an eligible ETC in Idaho is granted. THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order regarding any matter decided in this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. Idaho Code § 61-626. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 24th day of February 2023. __________________________________________ ERIC ANDERSON, PRESIDENT __________________________________________ JOHN R. HAMMOND JR., COMMISSIONER __________________________________________ EDWARD LODGE, COMMISSIONER ATTEST: _________________________________ Jan Noriyuki Commission Secretary I:\Legal\TELECOM\CAB-T-22-01\CABT2201_final_rn.docx