20110830notice_of_application_order_no_32340.pdf

Office of the Secretary
Service Date
August 30,201 1
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CUSTER TELEPHONE BROADBAND )CASE NO.CTB-T-l1-O1
SERVICES,LLC FOR A CERTIFICATE OF )
PUBLIC CONVENIENCE AND )NOTICE OF APPLICATION
NECESSITY )
)NOTICE OF
)MODIFIED PROCEDURE
)
________________________________
)ORDER NO.32340
YOU ARE HEREBY NOTIFIED that on May 20,2011,Custer Telephone
Broadband Services,LLC (“CTBS”or “Company”)filed an Application,including a copy of its
illustrative tariff,for a Certificate of Public Convenience and Necessity (“CPCN”),pursuant to
Idaho Code §61-526 through -528,IDAPA 31.01.01.111 (Rule 111),and Procedural Order
No.26665,to provide competitive local exchange telecommunications services in Idaho.
YOU ARE FURTHER NOTIFIED that CTBS is an Idaho corporation and lists its
principal place of business as Challis,Idaho.CTBS is registered with the Idaho Secretary of
State as a limited liability company and lists Dennis L.Thornock,Custer Telephone Cooperative,
Inc.,as its Idaho registered agent for service.
YOU ARE FURTHER NOTIFIED that CTBS states the following regarding the
telecommunications services it seeks to provide in Idaho:
[CTBS]is a facilities based provider providing multiple fiber to the premise
(FTTP),cable-modem service,and point-to-point wireless.[CTBS]intends to
upgrade and expand its facilities to provide basic local exchange service to its
current customers and to potential customers in Salmon,Idaho and the
surrounding areas.[CTBS]will also lease the facilities of Custer Telephone
Cooperative,Inc.to provide the service.[CTBS]may also lease transport
facilities from ILECs in the above referenced areas..
YOU ARE FURTHER NOTIFIED that CTBS states that it intends to provide
telecommunications services by November 2011,subject to Commission approval and the
Pursuant to the Idaho Telecommunications Act of 1988,specifically Idaho Code §62-604(1)(a),CTBS is exempt
from Title 61 regulation.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.32340 1
execution of interconnection agreements with CenturyLink,Qwest and Custer Telephone
Cooperative.
YOU ARE FURTHER NOTIFIED that CTBS’s proposed service territory includes
Salmon,Idaho and surrounding areas but may expand later to include CenturyLink’s service
area.CTBS has reviewed and has agreed to comply with all of the Commission’s rules.
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 any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21)days from the service date of this Notice.The comment must contain a
statement of reasons supporting the comment.Persons desiring a hearing must specifically
request a hearing in their written comments.Written comments concerning this Application
shall be mailed to the Commission and the Applicant at the addresses reflected below:
Commission Secretary Dennis L.Thomock
Idaho Public Utilities Commission Shelly 1-Teim
P0 Box 83720 1101 E.Main Avenue
Boise,ID 83 720-0074 P0 Box 324
Challis,Idaho 83226
Street Address for Express Mail:E-mail:[e-mail]
[e-mail]
472 W.Washington Street
Boise,ID 83702-5918
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at v.puc.idaho.gov.Click the ‘Comments and Questions”
icon,and complete the comment form,using the case number as it appears on the front of this
document.These comments must also be sent to the Applicant at the e-mail addresses listed
above.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32340 2
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.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is also available on the Commission’s web site at
www.puc.idaho.gov and by clicking on “File Room”and then “Telephone Cases.”
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 62 of the Idaho Code,specifically Idaho
Code §62-604 and 62-615.The Commission may enter any final Order consistent with its
authority under Title 62 and Commission Rule of Procedure 114,IDAPA 31.01.01.114.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 3 1.01.01.000 ci seq.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure.Persons interested in submitting written comments regarding this case or protesting
the use of Modified Procedure should do so no later than 21 days from the service date of this
Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32340 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /
day of August 2011.
PAUL KJELLAN1E PRESIDENT
MACK A.REDFORD,COMMISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
//,,
Jo”ai D.Jewell(I
C1mmission Secretary
O:CTB-T-I 1-01_np
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32340 4