20221208Application.pdf

Elizabeth A. Koeckeritz (ISB # 7670)
GTVENS PURSLEY LLP
601 W. Bannock Steet
P.O.Box2720
Boise,ID 83701
[phone]
[phone] (fax)
IN THE MATTER OF THE APPLICATION
OF COLUMBINE TELEPHONE
COMPANY, NC. FOR AUTHORITY TO
ACCEPT A GRANT AWARD IN AN
AMOUNT NOT TO EXCEED $2,103,857
SiilCEIVED
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Attorneys for Columbine Telephone Company, Inc
BEFORE TIIE IDAIIO PTIBLIC UTILITMS COMMISSION
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CaseNo. COL-T-22-01
APPLICATION OF COLUMBINE
TELEPHONE COMPANY
Columbine Telephone Company, Inc. ("Columbine" or "Applicant"), by and through its
attorneys Givens Pursley LLP, makes this Application pursuant to Idaho Code $ 61-901 and
IDAPA 3l.0l.0l.l4l-147 for authority to execute a grant and security agreement (the "Grant
Agreement") in favor of the Rural Utilities Service, United States Department of Agriculture
("RUS") securing a grant award in the amount of $2,103,857 (the "Grant Award"). In support of
its Application, Columbine states as follows:
1. Applicant is a certificated telephone corporation organized under the laws of the
State of Wyoming providing telecommunication services, including local exchange service, within
the State of Idaho.
2. The Grant Agreement is a condition of receipt of the grant funding. The Grant
Agreement provides RUS with a secured interest in the Collateral (as defined in the Grant
Agreement and generally to include facilities and broadband infrastructure) constructed with the
Grant Award for the economic life of the Collateral. Concurrent with execution of the Agreement,
Applicant must execute a pledged Deposit Account Control Agreement. Copies ofthe Agreement
and the Deposit Account Control Agreement are being submitted contemporaneously with this
Application as confidential information for Commission and Commission Staffreview.
APPLTCATION OF COLUMBTNE TELEPEONE COMPAIIY, rNC. - l
3. Columbine submits that the proposed transaction is consistent with the public
interest. The facilities constructed under this grant award expand broadband access to an unserved
area in Madison County, Idaho. It will allow the delivery of enhanced broadband services to an
area where it has historically been unavailable. Area residents will benefit from broadband speeds
exceeding the program speeds, via a fiber to the premise, wireline fiber optic network enabling
unrestricted access to remote learning, remote work and online, virtual medical services. One
hundred percent ( I 00%) of the locations in the project area will be served via a fiber to the premise,
wireline fiber optic network and will have access to 100/100 Mbps service and up to l0 Gbps
service. Each connection will be capable of 100/100 Mbps simultaneously and during peak
periods.
4. The secured interest in the Collateral will not further encumber Company assets or
affect the revenue requirement of its regulated operations.
5. A copy of the Applicant's most recent Annual Report showing the authorized and
outstanding classes of Applicant's securities is on file with the Commission, and the Applicant
respectfully requests the Commission take official notice thereof.
6. A certified copy of Columbine's Board of Directors' resolution authorizing the
proposed transactions and this Application to the Commission is being submitted
contemporaneously with this Application as confidential information.
7. A Proposed Order granting this Application is attached hereto as Exhibit A.
8. Notice of this Application will be published within seven (7) days of the date of
this Application in The Idaho Statesman (Boise). A copy of this Notice is attached as Exhibit B.
9. Applicant submits that the public interest does not require a hearing on this matter,
and it requests that the Commission process this Application and determine this matter by
Modified Procedure, pursuant to Rules 22 and 144 of the Commission's Rules of Practice and
Procedure. In the event the Commission determines that formal proceedings on this Application
are necessary, Applicant stands ready for immediate hearing.
10. Applicant further requests expeditious action pursuant to Rule 145 of the
Commissioner's Rules of Practice, and requests that this Commission issue an order approving the
Guaranty no later than December 31,2022.
11. Applicant has enclosed its filing fee, calculated pursuant to Section 61-905, Idaho
Code, in the amount of $435.
APPLICATTON OF COLUMBINE TELEPHONE COMPAtty, rNC. - 2
upon:
12. All notiees and communications with regard to this Application should be serrrod
ElizabetrKockeriE
Giveos PursleyLLP
601 W. Bannock Street
P. O. Box 2720
Boiso,ID 83701
[phone]
Mohelle Motzlnrs, Secretary
Columbino Telephone Compann Inc.
P.O. Box 226
Froodom, \Uyoming 83 I 20
(307\883-671
APPLICATION Ox' COLUMBIIIE TEI.EPEOND COMPAI\IY, INC. . 3
WHEREFORE, Applicant respectfully requests an Order ofthis Commission:
l. Crranting the foregoing Application of Columbine Telephone Company, Inc. to
receive grant fimds as requested herein and to execute and deliver the Grant Agreement to RUS;
and
2. Crranting such other relief as the Commission deems just and reasonable in this
matter,
DATED this 8th day of December,Z022.
LLP C
Attomeys for Applicant Columbine Telephone
Company,Inc.
APPLICATION OF COLUMBIM TELEPHONE COMPAI\TY, INC., 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY thd on th€ 8& day of Decembern zOfzzlcaused m original copy
ofthe foregoing to be servd Upon:
JmNoriy*i
Commission Secrffiy
Idaho Public Utilities Comnission
11331 W. Chinden Blvd. Building 8, Suite 201-A
Boiso,ID 83714
by e-mailingthe saneto the above-namedatthe lastknounaddrcss(s) as set forthabove.
APPLICAfiON OF COLIIMBINE ITLEPHONE OOMPAI'IY, INC. . 5
Elizabeth A. Koeckeritz (ISB #7670)
GTVENS PURSLEY LLP
601 W. Bannock
P.O.Box2720
Boise,ID 83701
[phone]
[phone] (fax)
Attorneys for Columbine Telephone Company, Inc.
BEFORE THE IDAHO PTJBLIC UTILITIES COMMSSION
IN THE MATTER OF THE
APPLICATION OF COLUMBINE
TELEPHONE COMPAI\ry, INC. TO
ACCEPT A GRANT AWARD IN AN
AMOI.JNT NOT TO EXCEED $2,103,857
PROPOSED ORDER
On December 8,2022, Columbine Telephone Company, [rc. (hereinafter Applicant), filed
an Application for authority to execute a grant and security agreement (the "Grant Agreement") in
favor of the Rural Utilities Service, United States Department of Agriculture ("RUS") securing a
grant award in the amount of $2,103,857 ("Grant Award").
ln support of said Application, Applicant alleges that the proceeds of the Grant Award will
be used to finance the construction of a broadband infrastructure project to serve rural areas where
at least 90% ofthe households are without suffrcient access to broadband, which will, among other
things, improve quality and reliability of service. Applicant further alleges that the Grant
Agreement, which grants a secured interest in the Collateral (as defined in the Grant Agreement)
is a condition of the Grant Award.
After examining the Application and supporting documents and being fully advised in the
premises, the Commission hereby finds that a hearing in this matter is not required, and that the
proposed transaction is consistent with the public interest.
IT IS THEREFORE ORDERED that the Application of Columbine Telephone Company,
Inc. for authority provide to execute the Grant Agreement in favor of RUS in an amount not to
exceed $2,103,857 substantially in the form ofthat submitted to the Commission is hereby granted.
COLUMBINE TELEPHONE COMPANY, INC.
C.lsoNo. COL-T-22-01
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DONE by Orda of the Idaho Public Utilities Commission this _day of
2A2
PAIJL KIELIA}.IDER, PRESIDENT
KRISTINE RAPEPT COMMISSIONER
ERIC A}.IDERSON, COMMISSIONER
ATTEST:
JaaNoriyuki
Commission Secretary
CoLTIMBINE TET,EPEONE COMPAtrrY, INC.
CesuNo.COLT-22-01EmITA
LEGAL NOTICE OF COLUMBINE TELEPHONE COMPANY
APPLICATION FOR AUTHORITY TO GUARANTY LOAI\
CASE NO. COL-T-Z2-OI
NOTICE IS HEREBY GIVEN that on December 8,2022, Columbine Telephone Company filed
with the Idaho Public Utilities Commission an Application for authority to execute a grant and
security agreement in favor of the Rural Utilities Service, United States Department ofAgriculnre
(*RUS") securing a grant award in the amount of $2,103,857.
The Application is on file with, and may be obtained from, the Commission, whose offices are
located at ll33l W. Chinden Blvd., Building 87, Suite 201-A, Boise, Idaho 83714 (208-334-
0300), or may be viewed on the Commission's homepage at:
http://www.puc.idaho.eov/fileroon/cases/summary/tele.html. Any person desiring to comment
on said Application must file petitions or protests with the ldaho Public Utilities Commission
within fourteen (14) days of the filing date. If no protests are received within this time limit, the
Commission may consider the Application and enter its Order without setting the matter for
hearing. If written protests are filed with the Commission within the time limit set the Commission
will consider the same and, in its discretion, may set a hearing. Petitions or protests must be filed
with: Jean Jewell, Secretary, Idaho Public Utilities Commission, 11331 W. Chinden Blvd.
Building 8, Suite 201-A, Boise, Idaho 83714.
Jan Noriyuki, Secretary
Idaho Public Utilities Commission
COLUMBINE TELEPHONE COMPAT\TY, INC.
CmuNo. COI-T-22-01
E)ilrrBIT B