20211027Comments.pdf

RILEY NEWTON
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-007 4
[phone]
IDAHO BAR NO. II2O2
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Street Address for Express Mail:
I1331 W CHINDEN BLVD, BLDG 8, SUITE 2OI-A
BOISE, TD 83714
Attorney for the Commission Staff
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
CASE NO. CTZ-T-2I.OI
COMMENTS OF TIIE
COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission, by and through its Attorney of
record, Riley Newton, Deputy Attorney General, submits the following comments.
BACKGROUND
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"): (l) 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
I The Certificate was originally granted to Citizens Telecommunications Company ("Citizens") n 1997. Sometime
after the Certificate was issued, Citizens officially changed its name to Frontier Communications of America, Inc.
See1999IdahoSecretaryofStatefilingNo.39l24l,612412003,"LegacyAmendment." Accordingly,in2003,the
Commission entered an Order amending the Certificate to reflect the name of the holder of the Certifrcate 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.
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ISTAFF COMMENTS ocToBER 27,2021
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 ldaho 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.
On July 29,2021, in a Supplemental Filing ("Filing"), the Companies further articulated
why the publication requirement is not necessary for them to withdraw their CPCN.
On October 6,2021, the Commission issued a Notice of Application, Notice of Modified
Procedure, and Suspension of the Effective Date to allow for further input and provide more
information for the Commission to properly consider whether to grant the Companies' request
for a waiver of the publication requirements. Order No. 3 5 1 87.
STAFF ANALYSIS
In their Filing, the Companies state that ldaho Code $ 62-612 only applies to "telephone
corporations that are currently providing certain services in Idaho." Filing at 2. Becatrse the
Companies are not currently providing services in ldaho, they assert they are not a "telephone
corporation" subject to the notice requirements of ldaho Code $ 62-612. Id. at2-3.
The Companies submit that complying with ldaho Code $ 62-612 and Rule 20 would be
difficult and unwarranted because it is unclear in which "local exchange area" they would
publish notice of discontinuation of services and any published notification would only confuse
customers of Frontier's former affiliates (Frontier Idaho and Frontier NW) who recently operated
under names including the term "Frontier." Id. The Companies state that no policy objectives of
the relevant rules and statutes would be served by publishing notice in a newspaper because there
are no customers who will be impacted by the withdrawal of their CPCN. Id. at3.
Staff has reviewed the controlling rules and statutory provisions. Idaho Code $ 62-612(2)
indicates that a "telephone corporation proposing to withdraw or otherwise discontinue . . .
services" is required to "publish notice in a legal newspaper circulated within the local exchange
2STAFF COMMENTS ocToBER 27,2021
area . . ." Commission Rule 20, IDAPA 31.01.01.20, similarly requires a telephone corporation,
prior to discontinuing services, to publish notice in the local newspaper within its exchange area.
A "telephone corporation" is defined in ldaho Code $ 62-604(14) as "every corporation . .
providing telecommunication services" within Idaho. (emphasis added). Idaho Code $ 62-6L2(l)
mandates that a telephone corporation "which provides" service to a local exchange area may not
discontinue service unless certain conditions are meant. Idaho Code $ 62-612(2) instructs that a
telephone corporation "proposing to withdraw or otherwise discontinue . . . services" shall publish
a notice of withdrawal of service in the relevant legal newspaper.
As indicated above, if a telephone corporation provides telecommunication services in a
local exchange area in Idaho, it is statutorily required to notiff the Commission and publish
notice in a newspaper when it intends to stop providing such services in Idaho. As the statute
make clear, this notification is to occurprior to withdrawal or discontinuance of service.
Nowhere do the Companies state that they never were a "telephone corporation" under Title 62
of the Idaho Code subject to publication requirements upon withdrawal of their services. As the
Companies indicated in their Notice, Frontier "no longer provides any services in Idaho . . . ."
Filing at 1. It seems to follow from the preceding statement that Frontier was offering and
providing services in Idaho and, at some point, stopped. If that was the case, pursuant to the
controlling statutes and rules, Frontier was required to provide notification when it stopped
offering and providing services to customers in Idaho.
In sum, based on the material provided, it appears that Frontier, Frontier Online, or both,
offered and provided telecommunication services in Idaho, stopped providing those services in
Idaho without notiffing the Commission or its customers, and now request a waiver from the
statutory requirements.
STAFF RECOMMENDATION
Staff believes the Companies should publish notice of their intent to withdraw their
services and Frontier's CPCN in a newspaper in a local exchange area as required by the
controlling statutes and rules. Staff believes this local exchange area should be limited to the
smallest area possible.
JSTAFF COMMENTS ocToBER 27,2021
Respecttully submitted this Afla- day of October 2021
Riley N
Deputy Attomey General
i:umisc/comments/ctzt2l. lmdk comments
4STAFF COMMENTS ocToBER 27 ,2021
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 27Th DAY OF OCTOBER 202I,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. CTZ-T-21-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
MICHAEL KEEGAN
WILKINSON BARKER KNAUER
18OO M ST NW, SUITE SOON
WASHINGTON DC 20036
E-MAIL: [e-mail]
CERTIFICATE OF SERVICE