20211006Notice_of_Application_Order_No_35187.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
SUSPENSION OF PROPOSED EFFECTIVE DATE
ORDER NO. 35187 1
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF FRONTIER
COMMUNICATIONS OF AMERICA, INC.’S
NOTICE FOR CANCELLATION OF
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY NO. 323

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CASE NO. CTZ-T-21-01

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

SUSPENSION OF PROPOSED
EFFECTIVE DATE

ORDER NO. 35187

On May 14, 2021, Frontier Communications of America Inc. (“Frontier”) and Frontier
Communications Online and Long Distance, Inc. (“Frontier Online”) (collectively the
“Companies”) submitted notice of the Companies’ intent to withdraw and discontinue (“Notice”):
(1) Frontier’s Certificate of Public Convenience and Necessity (“CPCN No. 323”) granted by the
Commission in Order No. 267751; (2) Frontier’s provision of IXC service under Title 62; and (3)
Frontier Online’s provision of IXC service under Title 62. The Companies also sought to withdraw
any related tariffs. Because neither company had customers at the date of Notice, the Companies
sought a waiver of the requirements in Idaho Code § 62-612(2) and Rule 20, IDAPA 31.01.01.020
(“Rule 20”) that they post an advertisement in a newspaper or provide any other notification.
Notification at 2, fn. 3.
The Companies’ request to withdraw and discontinue service was considered and
approved by the Commission at its June 15, 2021, decision meeting. However, the Companies’
request for waiver of the statutory public notice requirements was inadvertently omitted from the
Commission’s consideration and, therefore, not ruled upon.

1 The Certificate was originally granted to Citizens Telecommunications Company (“Citizens”) in 1997. Sometime
after the Certificate was issued, Citizens officially changed its name to Frontier Communications of America, Inc. See
1999 Idaho Secretary of State filing No. 391241, 6/24/2003, “Legacy Amendment.” Accordingly, in 2003, the
Commission entered an Order amending the Certificate to reflect the name of the holder of the Certificate as “Frontier
Communications of America.” Order No. 29394. The “Inc.” was not included in the Order, however, because Citizens
erroneously failed to include the “Inc.” in its Application in Case No. CTZ-T-03-1.
Office of the Secretary
Service Date
October 6, 2021

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
SUSPENSION OF PROPOSED EFFECTIVE DATE
ORDER NO. 35187 2
In order for the Commission to consider whether to grant the Companies’ request for
waiver, the Commission now sets deadlines for interested persons to comment on the Application
and for the Company to reply
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Commission approved Frontier’s CPCN
Certificate No. 323 in Order No. 26775.
YOU ARE FURTHER NOTIFIED that, on May 5, 2021, the Companies submitted a
notice of withdrawal of Frontier’s CPCN and both Companies’ provision of any IXC/Title 62
services.
YOU ARE FURTHER NOTIFIED that the Companies have not published their intent
to withdraw the CPCN and discontinue services in any newspaper.
YOU ARE FURTHER NOTIFIED that on July 29, 2021, the Companies filed a
Supplemental Filing with the Commission. In their Supplemental Filing, the Companies maintain
that the publication requirements of Idaho Code § 62-612(2) and Rule 20 do not apply to this
request because Frontier is not a “telephone corporation” within the meaning of the statute nor is
it actively providing services in Idaho. Supplemental Filing at 2-3.
YOU ARE FURTHER NOTIFIED that the Companies also argued that compliance
with Idaho Code § 62-612 and Rule 20 would be difficult and unwarranted because it is unclear in
which “local exchange area” Frontier would publish notice of discontinuation of services and any
published notification would only confuse the customers of Frontier’s former affiliates (Frontier
Idaho and Frontier NW) who recently operated under names including the term “Frontier.” Id. at
3.
YOU ARE FURTHER NOTIFIED that, alternatively, the Companies argued the
Notice filed with the Commission satisfied the requirements of the relevant statute and rules.
YOU ARE FURTHER NOTIFIED that the Notice of Withdrawal of CPCN is available
for public inspection during regular business hours at the Commission’s office. These documents
are also available on the Commission’s web site at www.puc.idaho.gov. Click on the
“TELECOM” icon, select “Open Cases,” and click on the case number as shown on the front of
this document.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
SUSPENSION OF PROPOSED EFFECTIVE DATE
ORDER NO. 35187 3
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.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
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 people desiring to state a position on this
Application may file a written comment explaining why they support or oppose the Application.
Persons who would like a hearing must specifically request a hearing in their written comments.
Persons interested in filing written comments must do so within twenty-one (21) days of the
service date of this Order. Comments must be filed through the Commission’s website or by e-
mail unless computer access is unavailable. To comment electronically, please access the
Commission’s home page at www.puc.idaho.gov. Click the “Case Comment Form” tab and
complete the form using the case number as it appears on the front of this document. Comments
filed by email must also be emailed to the Company at the email addresses listed below. If
computer access is unavailable, then comments may be mailed to the Commission and the
Companies at these addresses:
For the Idaho PUC:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714
For the Companies:

Michael Keegan
Wilkinson, Barker, Knauer, LLP
1800 M Street, NW, Suite 800N
Washington, DC 20036
[e-mail]

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
SUSPENSION OF PROPOSED EFFECTIVE DATE
ORDER NO. 35187 4

YOU ARE FURTHER NOTIFIED that the Companies must file any reply comments
within 28 days of the service date of this Order.
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.
SUSPENSION OF PROPOSED EFFECTIVE DATE
The Companies filed their Notice on May 14, 2021, and proposed an August 12, 2021,
effective date. The Commission finds the Companies’ proposed effective date does not provide
adequate time for Commission Staff and interested persons to evaluate the Companies’ proposal.
Pursuant to Idaho Code § 61-622, the Commission suspends the proposed changes for thirty (30)
days and five months or until the Commission enters an order accepting, rejecting, or modifying
the proposed requests.
O R D E R
IT IS HEREBY ORDERED that the Companies’ Application be processed by
Modified Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting
written comments must do so within twenty-one (21) days of the service date of this Order. The
Companies must file any reply comments within twenty-eight (28) days of the service date of this
Order.
IT IS FURTHER ORDERED that the Companies’ proposed August 12, 2021, effective
date is suspended for 30 days plus five months or until the Commission enters an earlier order
accepting, rejecting, or modifying the Companies’ requests.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
35058, issued June 3, 2021. All pleadings should be filed with the Commission electronically and
shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
SUSPENSION OF PROPOSED EFFECTIVE DATE
ORDER NO. 35187 5
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 6th day
of October 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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