20230802Millennium Networks LLC - Reply Comments.pdf

MILLENNIUM NETWORKS, LLC’S REPLY COMMENTS PAGE 1 OF 3
Elizabeth A. Koeckeritz, ISB No. 7670
GIVENS PURSLEY LLP
601 West Bannock Street
P.O. Box 2720
Boise, Idaho 83701-2720
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Attorneys for Millennium Networks, LLC.

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF MILLENNIUM
NETWORKS, LLC’S NOTICE OF THE
ACQUISITION OF CERTAIN ASSETS OF
CTC TELECOM, INC.

Case No. MNL-T-23-01
CTL-T-23-03

MILLENNIUM NETWORKS, LLC’S REPLY
COMMENTS

Millennium Networks, LLC (“Millennium” or “Company”) respectfully submits the
following reply Comments in Response to Comments filed by the Idaho Public Utilities
Commission Staff (“Staff”).
BACKGROUND
On May 26, 2023, Millennium filed a notice with the Idaho Public Utilities Commission
(the “Commission”) that it had acquired certain assets of CTC Telecom, Inc. (“CTC”) within
Ada County, Idaho. The notice was provided to the Commission in support of CTC’s notice to
the Commission for an Amended Certificate of Public Convenience and Necessity (“CPCN”).
Staff decided that it needed more information to determine if the purchase of the assets
met the requirements of Idaho Code § 61-328 and requested Commission to open the case.
The Commission opened Case No. MNL-T-23-01 on July 12, 2023 in Order No. 25852.
RECEIVED
Wednesday, August 2, 2023 3:35:26 PM
IDAHO PUBLIC
UTILITIES COMMISSION
MILLENNIUM NETWORKS, LLC’S REPLY COMMENTS PAGE 2 OF 3
COMPANY REPLY COMMENTS
Millennium objects to Staff’s review and examination of the asset purchase to determine
if the purchase meets the requires of Idaho Code § 61-328. This code applies to electric utilities.
The transaction involved an asset sale between two competitive local exchange carriers
(CLECs). Neither the referenced code nor any other Idaho Code provision provides the
Commission with the authority to review the asset sale.
CONCLUSION
Because Idaho Code § 61-328 is inapplicable to the transaction and there is no
corresponding code that would provide the Commission authority over this type of transaction,
Millennium respectfully requests that this matter be dismissed.

Dated this 2nd day of August, 2023.
GIVENS PURSLEY LLP
By
Elizabeth A. Koeckeritz
Attorneys for Millennium Networks, LLC
MILLENNIUM NETWORKS, LLC’S REPLY COMMENTS PAGE 3 OF 3
CERTIFICATE OF SERVICE
I hereby certify that on August 2, 2023, I caused to be served a true and correct copy of
the foregoing document to the person(s) listed below by the method indicated:
Jan Noriyuki, Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg. 8, Suite 201-A
Boise, ID 83714

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_________________________________________
Elizabeth A. Koeckeritz