20210708Comments.pdf

MATT HUNTER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 10655
Street Address for Express Mail:
I I331 W CHINDEN BLVD, BLDG 8, SUITE 2OI-A
BOISE, ID 83714
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF COLUMBINE
TELEPHONE COMPANY, INC.'S
APPLICATION TO CHANGE THE MANNER IN
WHICH FACILITIES EXTENSIONS ARE
HANDLED
CASE NO. COL-T-2l-OI
COMMENTS OF THE
COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission, by and through its Attorney of
record, Matt Hunter, Deputy Attorney General, submits the following comments.
BACKGROUND
On May 14,2021, Columbine Telephone Company, Inc. dba Silver Star Communications
("Company") filed changes to its tariff with the Commission. The Company proposes to change
how the cost of a line extension will be shared between the applicant and the Company. The
Company proposed a June 15,2021, effective date for the modified tariff.
At the June 8, 2021, Decision Meeting, Commission Staff noted the proposed changes
constitute an increase in rates and therefore should not be handled through a tariff advice. Staff
suggested the Commission initiate a formal proceeding to determine whether the proposed tariffs
comply with the Commission's regulatory requirements.
The Company's existing tariff provides that a line extension will be provided without
charge to the applicant if the cost of the total extension does not exceed $1,600.00. If the total
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STAFF COMMENTS ruLY 8,2021
extension exceeds $1,600.00, the "applicant will reimburse the Company the total amount
exceeding the established aid to construction in effective prior to construction."
Under the Company's proposed tariff, a line extension "not exceeding 500 [feet] will be
furnished at a flat fee cost [of $350.00].. ..Where the total extension exceeds 500 [feet], the
applicant will pay the Company prior to construction the actual cost of [the line extension]
exceeding the 500 [feet] plus the flat fee cost."
Under the proposed tariff, the applicant will be responsible to provide trenching services
The Company is a Title-61 telephone corporation. See ldaho Code $ 6l-121.
STAFF ANALYSIS
Staff has reviewed the line extension provisions in all Title-61 telephone company tariffs
as well as a few Title-62 telephone company tariffs. All of the reviewed tariffs provide the line
extension applicant a certain distance or dollar amount that will be paid for entirely by the
company. Under such a tariff, the applicant will not bear any of the line-extension cost if the
distance or dollar amount is not exceeded. Most Title-61 telephone corporation tariffs have the
same line extension language:
Free Footage Allowance: The Company will construct at its expense a maximum
of 1000 ft. of line extension per applicant of which not more than 300 ft of this
free footage may be on private property or along a private road. The Company
will also construct at its expense a maximum of 300 feet of drop wire per
applicant: No Charge
In company tariffs where the allowance is a dollar amount instead of a distance, the
allowance varies from $2500 to $3000. The Company's approved tariff rates for line extensions
is the most restrictive by only allowing an allowance of $1600. The Company's proposed tariff
is even more restrictive by changing the distance allowance to 500 feet and adding a $350 flat
fee for those line extensions of 500 feet or less----eliminating the free allowance. This does not
align with industry standards.
The Company's proposed tariff effectively increases a charge. As such, the Company
bears the burden of showing why its proposed charge is just and reasonable. See ldaho Code $$
61-301 and 6l-303; IDAPA 31.01.01.052. The Company's Application (filed as a tariff advice)
provides no justification for the increased charge. Nor is Staff aware of any circumstances that
2STAFF COMMENTS JULY 8,2021
justify the Company having a line-extension charge structure so different from the industry
norrn
STAFF RECOMMENDATION
Staff believes the Company should be given an opportunity to introduce evidence into the
record supporting its proposed line-extension charge structure. Under the existing schedule-the
Company must file any reply comments by July 1,5,2021-the Company probably does not have
adequate time to develop the record. Nor does the existing schedule provide Staff and the public
an opportunity to comment on any evidence provided by the Company.
Therefore, Staff recommends the Commission set a deadline by which the Company must
provide any evidence in support of its proposed line-extension charge structure. Staffalso
recorlmends the Commission set a deadline for Staff and the public to comment on the
Company's proposal. Finally, Staff recommends the Commission set a deadline by which the
Company must reply to any filed comments.
4Respectfully submitted this ?day of July 2021.
Matt Hunter
Deputy Attorney General
Technical Staff: Daniel Klein
JSTAFF COMMENTS ruLY 8,2021
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 8TH DAY OF ruLY 2021, SERVED
THE FOREGOING COMMENTS OF TIIE COMMISSION STAFF, IN CASE NO.
COL-T-ZI-OI, BY E.MAILING A COPY THEREOF, TO THE FOLLOWING:
MICHELLE MOTZKUS
LEGAL & REG ADMIN
COLUMBINE TELEPHONE CO
PO BOX 226
FREEDOM WY 83120
E-MAIL : [e-mail]
SECRET
CERTIFTCATE OF SERVICE