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HomeMy WebLinkAbout20140304notice_of_application_order_no_32989.pdfOffice of the Secretary Service Date March 4,2014 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF CUSTER TELEPHONE BROADBAND )CASE NO.CTB-T-14-O1 SERVICES LLC FOR DESIGNATION AS AN ) ELIGIBLE TELECOMMUNICATIONS )NOTICE OF APPLICATION CARRIER FOR LOW-INCOME SUPPORT ) )NOTICE OF )MODIFIED PROCEDURE ) _______________________________ )ORDER NO.32989 On January 6,2014,Custer Telephone Broadband Services LLC (the “Company”) applied to the Idaho Public Utilities Commission (the “Commission”)for an Order designating it as an eligible telecommunications carrier (“ETC”)that can participate in Lifeline and receive universal service fund,low-income support in the Salmon,Idaho exchange area (the “Designated Service Area”).Application at 1.With this Order,the Commission provides notice of the Application,solicits public input on the Application,and orders that the case be processed under the Commission’s Rules of Modified Procedure. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that in its Application,the Company says it is a wholly owned subsidiary of Custer Telephone Cooperative,Inc.with its principal place of business in Challis,Idaho.The Company’s Certificate of Public Convenience and Necessity authorizes it to provide local exchange and interexchange services in Idaho.The Company is a full-service wireline carrier that provides facilities-based,local exchange services in the Designated Service Area.The Company says the Designated Service Area does not include areas served by rural telephone companies,and is part of the service area of CenturyTel of Idaho, Inc.dba CenturyLink.Id at 1-2,4,and 7. YOU ARE FURTHER NOTIFIED that the Company says it meets the requirements to be an ETC under Section 214(e)of the federal Telecommunications Act (47 U.S.C.§214(e)), the Federal Communications Commission’s eligibility rules and orders (47 C.F.R.§54.201, 54.202,and 54.405;and the Lifeline Reform Order,FCC-12-1 1),and the Commission’s eligibility requirements as specified in Commission Order No.29841.Id.at 1,3-4.Specifically, NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32989 1 the Company says it (1)is a common carrier;(2)offers services that are supported by federal universal support mechanisms;(3)will use its own facilities,in whole or in part,to provide the supported services;(4)will provide the supported services throughout its Designated Service Area,including access to the public switched telephone network,local calling service,access to emergency services,as well as access to operator services and directory assistance;(5)will advertise the availability of such services using media of general distribution;(6)will make Lifeline service available to qualifying low-income consumers;(7)will certify that it will comply with the service requirements applicable to support that it receives;(8)will remain functional in emergency situations;(9)will satisfy consumer protection and service quality standards;(10)will provide local usage plans comparable to the incumbent local exchange carriers (“ILECs”)already operating in the proposed Designated Service Area;(11)will notify any affected tribal governments or tribal regulatory authorities;(12)will comply with all applicable reporting requirements;and (13)will take steps to limit fraud,waste and abuse of the federal USF.Id.at 3-7. YOU ARE FURTHER NOTIFIED that the Company says that granting its Application will serve the public interest and the market by promoting additional service offerings in the Designated Service Area and enabling the Company to offer Lifeline to qualifying consumers.This will lower costs,increase quality and customer choice,and incent other carriers to improve their networks and service offerings.Id.at 8. YOU ARE FURTHER NOTIFIED that the Application and supporting workpapers have been filed with the Commission and are 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.Click on the “File Room”tab at the top of the page,scroll down to “Open Telecom Cases,”and then click on the case number as shown on the front of this document. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commissions jurisdiction under Title 62 of the Idaho Code.The Commission may enter any final order consistent with its authority under Title 62. 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 etseq. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32989 2 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 Commissions 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 must file a written comment in support or opposition with the Commission within 21 days of the service date of this Order.The comment must contain a statement of reasons supporting the comment.Further,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 Cynthia A.Melillo Idaho Public Utilities Commission Cynthia A.Melillo PLLC P0 Box 83720 8385 W.Emerald Street Boise,ID 83720-0074 Boise,Idaho 83704 E-mail:cainicarnlawidaho.com Street Address for Express Mail: 472 W.Washington Street Boise,ID 83702-59 18 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 www.puc.idaho.gov.Click the “Case Comment Form” under the ‘Consumers”tab,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 Company at the e-mail address listed above. 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 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32989 3 set,the Commission will consider them and,in its discretion,may set the same for formal hearing. ORDER IT IS HEREBY ORDERED that this matter be processed by Modified Procedure, IDAPA 31.01.01.201-.204.Persons who wish to comment on the Application must file their written comments within 21 days of the service date of this Order. DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of March 2014. PAffL KJELLANdER,PRESIDENT — MACK A.REDFORD,cOMIIISSIONER LL LL MARSHA H.SMITH,COMMISSIONER ATTEST: / Lj / Jean D JeweI4 Commission secretary O:CTB-T-1 4-Olkk NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.32989 4