20210729Supplemental Filing.pdf

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MICHAEL KEEGAN
202.383.337 2
[e-mail]
Re:
Jnly 29,2021
Bv Electronic Filine
Jan Noriyuki, Secretary
Idaho Public Utilities Commission
I l33l West Chinden Boulevard, Building 8, Suite 201-A
Boise, Idaho 83714
Notice of Withdrawal and Discontinuance of CLEC and IXC/Title 62 Service of
Frontier Communications of America, Inc.
Case No. CTZ-T-21-01
Dear Ms. Noriyuki:
On May 14,2021, Frontier Communications of America, Inc. ("Frontier America")l filed
a letter notifring the Idaho Public Utilities Commission ("Commission") that Frontier America
seeks to voluntarily withdraw and discontinue the above-referenced services, including Frontier
America's Certificate No. 323 granted by the Commission in Case No. CTX-T-96-1,2 effective
on August 12,2021("Notice Letter"). In the Notice Letter, Frontier America indicated that it no
longer provides any services in Idaho and has no customers in Idaho.3
I The Notice Letter also notified the Commission that Frontier Communications Online and Long
Distance, Inc. ("Frontier Online") would withdraw and discontinue the provision of IXC/Title 62 services.
Frontier Online does not hold authority to provide CLEC services and has not been issued a certificate by
the Commission.
2 See Ord,er No. 26775 (Jan.27 ,1997) (granting Certificate No. 323 to Citizens Telecommunications
Company, which changed its name in 2003 to Frontier Communications of America,Inc.).
3 The Notice Letter does not relate to or impact Citizens Telecommunications Company of Idaho d/b/a
Frontier Communications of Idaho ("Frontier Idaho") or Frontier Communications Northwest Inc.
("Frontier NW") or the services provided by those entities. In April 2020, a transaction was completed in
which certain companies that were then affiliates of Frontier America-including Frontier ldaho and
Frontier NW-were sold to Northwest Fiber, LLC. As such, Frontier Idaho and Frontier NW are no
longer affiliated with Frontier America.
Idaho Public Utilities Commission
Jttly 29,2021
Page2
On June 10,2021, Staffof the Commission issued a Decision Mernorandum
recommending that Frontier America be granted its request and that Certificate No. 323 be
withdrawn without prejudice.
Subsequent to the issuance of Staff s Decision Memorandum, Frontier America's
representative received informal communications from an attorney for the Commission
concerning whether Frontier America had complied with Idaho Code $ 62-612(2)'s condition
that a "telephone corporation proposing to withdraw or otherwise discontinue [basic local
exchange or message telecommunication service] to a local exchange area shall publish a notice
of such withdrawal in a legal newspaper circulated within the local exchange area ... ."4
It is not clear to Frontier America whether or how this subsequent informal
communication impacts Staff s preceding formal recoflrmendation, which made no reference to
this provision. In any event, Frontier America submits that the provision to publish a notice in a
"legal newspaper" does not apply in this case. Alternatively, Frontier America respectfully
reiterates its request for a waiver of this provision.s
Idaho Code $ 62-612 applies to telephone corporations that are currently providing
certain services in Idaho. The definition of "telephone corporation" includes corporations
"providing telecommunications services for compensation within this state." Idaho Code $ 62-
603(14). Under the language of the definition, an entity must be actively "providing
telecommunications services" to be a telephone corporation under Idaho law (emphasis added).
By contrast, Frontier America is not currently providing any services in Idaho; it is merely
authorized to provide services. As such, Frontier America arguably is not a telephone
corporation to which Idaho Code $ 62-612 applies.6
Other provisions in Idaho Code $ 62-612 confirm that its scope is limited to telephone
corporations that are currently and actively providing service in the state. Paragraph (2) of Idaho
Code $ 62-612 applies to a telephone corporation "proposing to withdraw or otherwise
discontinue" services. Thus, for paragraph (2) to apply, a telephone corporation must currently
be providing a service for that service to be withdrawn or discontinued. As noted above,
a To the extent required, Frontier America submits that it complied with Idaho Code $ 62-612's provision
to "file a notice of such withdrawal or discontinuance of service with the commission" by submitting the
Notice Letter dated May 14,2021.
5 Frontier America's Notice Letter stated that because it no longer has any customers in ldaho, to the
extent necessary, Frontier America sought "a waiver of the requirement in Idaho Code $ 62-612(2) and
Idaho Admin. Code $ 3I.0L0l.020 to post an advertisement in a newspaper or to perform any other
notification requirement."
6 The Notice Letter did not seek a jurisdictional determination of Frontier America but simply sought to
ensure that the Commission's records are up to date.
Idaho Public Utilities Commission
July 29,2021
Page 3
although Frontier America is authorized to provide local exchange service in Idaho, it does not
actually provide any such service and does not have any customers in ldaho.
Likewise, paragraph (1) of Idaho Code S 62-612 refers to "[a] telephone corporation
subject to this chapter which providesbasic local exchange or message telephone
telecommunication service ..." (emphasis added), indicating that the statutory provision applies
only to telephone corporation actively providing services, rather than merely authorized to
provide services. Again, Frontier America does not provide any services in Idaho.
Furthermore, no policy objective would be furthered by a newspaper notice here. The
goal of the newspaper publication referenced in Idaho Code $ 62-612 and Idaho Admin. Code $
31.01.01.020 is clearly to provide advance notice to affected customers that their telephone
service may be terminated. In this case, Frontier America has no customers in Idaho; therefore,
no Idaho customers will be affected or even need notice.T If anything, a newspaper notice in this
context would risk creating confusion among consumers.
Finally, it is unclear how Frontier America could reasonably be expected to comply with
this provision under the circumstances. Because Frontier America does not provide any services
or have any customers in any local exchange area, it is unclear which legal newspapers in which
local exchange areas would satisfu the provision.
As stated in the Notice Letter, the public convenience and necessity will not be adversely
affected by proposed action. Frontier America no longer offers or provides any services to Idaho
customers pursuant to the above-referenced authority and currently has no customers in Idaho.
Therefore, no customer's service will be interrupted or disconnected. Frontier America
respectfully requests that the Commission grant or accept Frontier America's notice, as
applicable, consistent with the Idaho Code and Idaho Administrative Code.
If you have any questions regarding this notification, please contact me.
Respectfully submitted,
/s/ Michael Keesan
Michael Keegan
Counsel to Frontier Communications of America, Inc
7 Moreover, in this instance, the publication of a notice may lead to confusion because Frontier America
provides no services and has no customers, but its former affiliates Frontier Idaho and Frontier NW do
have customers and those entities recently operated under similar names that included the term o'Frontier."