20230208Comments.pdf

RILEY NEWTON CElvED
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION B -8 PM I:40
PO BOX 83720
BOISE,IDAHO 83720-0074 C,[phone]
IDAHO BAR NO.11202
Street Address for Express Mail:
11331 W CHINDEN BLVD,BLDG 8,SUITE 201-A
BOISE,ID 83714
Attorneyfor the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CABLE ONE VOIP LLC'S )APPLICATION TO PARTIALLY RELINQUISH )CASE NO.CAB-T-22-01
DESIGNATION AS AN ELIGIBLE )TELECOMMUNICATIONS CARRIER )
)COMMENTS OF THE
)COMMISSION STAFF
STAFF of the Idaho Public Utilities Commission ("Staff"),by and through its Attorney
of record,RileyNewton,Deputy AttorneyGeneral,submits the followingcomments.
BACKGROUND
On August 1,2022,Cable One VoIP LLC d/b/a Sparklight ("Company")'applied to the
Commission to relinquish portions of the Company's Eligible Telecommunications Carrier
("ETC")designation.The Company sought "an order confirming its partial relinquishment of its
[Rural Digital OpportunityFund ("RDOF")]ETC designation and relinquishment of its Lifeline
ETC designation in non-RDOF areas."Application at 6.On January 13,2023,the Company
filed an Amended Application correcting the caption of its Application ("Amended
Application").
I 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,includingIdaho.Amended Application at 2.
STAFF COMMENTS 1 FEBRUARY 8,2023
The Company represents that its parent company,Cable One,Inc.,was part of a
consortium that was a winningbidder in the RDOF Auction 904 to provide voice and broadband
services in select census blocks in numerous states,including Idaho.Amended Application at 2.
On April 19,2021,the Idaho Public Utilities Commission ("Commission"),in Case No.CAB-T-
21-01,"designatedthe Company as an ETC in 57 census block groups in which the Company
was deemed the winningbidder 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 states that on July 26,2021,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,includingin Idaho,and assess whether these areas were
already being served by "'one or more service providers ....'"Id at 2-3.The request for the
review was based on "significant concerns about the best use of [the public's]limited universal
service funds".Id at 3.
The Company asserts that,on August 24,2021,as a result of the review and in response
to the FCC letter,it 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 3.The "Company
will only receive RDOF funding in Idaho for 25 of the 57 census block groups for which it was
originally designated."Id.
As such,the Company will retain its RDOF ETC designation for 25 census block groups
and requests 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 states that it does not currentlyserve any customers in Idaho and that it
complied with all applicable state and federal laws in seeking to partiallyrelinquish its RDOF
ETC and Lifeline ETC designation in non-RDOF areas.
THE APPLICATION
The Company is a Delaware limited liabilitycompany with a principal place of business
located at 210 E.Earl Drive,Phoenix,Arizona 85012.The Company is authorized to do
STAFF COMMENTS 2 FEBRUARY 8,2023
business in Idaho as a foreign limited liability Company2.IÍ WRS granted ETC status in Case No.
CAB-T-21-01,and in Order No.35008,for the census blocks where the Company was to receive
RDOF support.Additionally,the Company was designated as a Lifeline-only ETC for the
service area in which the Company was not to receive high-cost support.
The Company states that it meets the established standards for ETC relinquishment under
the Federal Telecommunications Act of 1996 (47 U.S.C.§214(e)(4)and Idaho Code §62-
610D(4).Specifically,the Company asserts the following:(i)as shown in Exhibit 1,there are
numerous other ETC designated providers operating in the geographic areas in which the
Company seeking relinquishment;(ii)since the Company does not have customers in Idaho,no
customers will be impacted because of the Company's request for partial relinquishment of its
ETC designation in Idaho,and thus,no customer notice is required regarding the partial
relinquishment;(iii)there is not going to be the discontinuance of service because the Company
does not currentlyserve any customers in Idaho.
STAFF REVIEW
Staff reviewed the Company's Amended Application and examined the Company's
fulfillment of requirements under the federal Telecommunications Act of 1996,the FCC's
regulations,and the RDOF requirements.Staff concluded that the Company has fulfilled the
statutory requirements for partial relinquishment of its ETC designation.
The Commission "shall permit an eligible telecommunications carrier to relinquish its
designation as such a carrier in any area served by more than one eligible telecommunications
carrier."Idaho Code §62-610D(4).The Commission is also required to ensure that customers
of the withdrawingcompany will continue to be served by another ETC provider.Id.The
Company states it satisfies the statutory requirements because numerous other ETC providers
are currentlyserving customers in the designated area,and it currentlyhas no customers that
require Commission assurance of continued service.The Company requests that the
Commission issue an order acknowledging that it properly partially relinquished and is partially
relieved of its designation as an ETC.
2 Registration Certificate No.4121333 as verified by Staff.
STAFF COMMENTS 3 FEBRUARY 8,2023
STAFF RECOMMENDATION
Staff examined the Company's Amended Application and recommends the Commission
issue an order finding that the Company satisfied the statutory conditions for partial
relinquishment of its ETC designation in Idaho.
Respectfullysubmitted this day of February 2023.
Riley N on
Deputy Attorney General
Technical Staff:Johan Kalala-Kasanda
i:umisc/comments/cabt22.1mjk comments
STAFF COMMENTS 4 FEBRUARY 8,2023
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 81 DAY OF FEBRUARY 2023,SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF,INCASENO.CAB-T-22-01,BY E-MAILING A COPY THEREOF TO THEFOLLOWING:
RONALD WILLIAMS CHERIE R KISERHAWLEYTROXELLANGELAFCOLLINS877WMAINST,10TH FLOOR CAHILL GORDON &REINDELBOISEID837021990KSTNWSTE950E-MAIL:[e-mail] WASHINGTON DC 20006
E-MAIL:[e-mail]
acollins cahill.com
SEÕRE RY
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