20070321Comments.pdf

WELDON B. STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3283
!~c: r \
, ' ! I'
'" ! ,
2QU.lir.\F', 2\ t\i\\-f'-'
iL~l ~\:I:
~~'~:'
~S\'~ .
; "' '\ ! ''.') \..
.1""'; I . , cdI.~ 11-
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CUSTER TELEPHONE
COOPERATIVE, INc.'S PETITION FOR
AMENDMENT OF ITS CERTIFICATED
SERVICE AREA BOUNDARY
COMMENTS OF THE
COMMISSION STAFF
CASE NO. CUS-O7-
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Weldon B. Stutzman, Deputy Attorney General, in response to Order No. 30260
the Notice of Application and Notice of Modified Procedure in Case No. CUS-07-1 issued on
February 28 2007, and submits the following comments.
BACKGROUND
On February 14 2007, Custer Telephone Cooperative, Inc. filed a Petition for Amendment of
Certificated Service Area Boundary, asking the Commission to amend Custer s Certificate of Public
Convenience and Necessity to include three areas identified as Yankee Fork, Morgan Creek, and Slate
Creek areas. Custer is a mutual, non-profit telephone company over which the Commission has very
little regulatory authority. Custer s Petition states that the Commission issued a Certificate to Custer in
1989 pursuant to Idaho Code ~ 62-615. That statute authorized the Commission to issue a Certificate
to mutual telephone corporations that requested them. Section 62-615 was repealed by the Legislature
ST AFF COMMENTS MARCH 21 , 2007
in 1997 and replaced with a new Section 62-615 , and now does not authorize the Commission to issue
exclusive service area certificates to mutual telephone companies.
The Commission does have authority to designate a geographic service area for eligible
telecommunications carriers, including mutual telephone companies, pursuant to Idaho Code
~ 62-6l0E. "Service area" is defined at Idaho Code ~ 62-610B(3) as "a geographic area designated by
the commission for the purpose of determining universal service obligations of eligible
telecommunications carriers." Forrural telephone companies
, "'
service area' means the company
study areas ' as established by the federal communications commission and the public utilities
commission." The Commission may consider whether to change the boundaries of Custer s service
area, as identified in its Certificate, pursuant to Idaho Code ~ 62-610E.
STAFF REVIEW
The Yankee Fork, Morgan Creek and Slate Creek areas are outside Custer s current certificated
area. The three areas are not within the service area of any other telecommunications carrier, nor are
they in the vicinity of any existing line, plant or system of another public utility. Staff believes that
this service area modification gives the Company the ability to serve very rural customers within the
Yankee Fork, Morgan Creek and Slate Creek areas. This request is certainly in the public interest as it
extends telecommunication services to more rural Idaho customers.
RECOMMENDATION
The proposed change to Custer s service area boundary will benefit those customers living
within the extended service area. Staff recommends the Commission approve this amendment to
Custer s certificated service area boundary to include those areas of Yankee Fork, Morgan Creek and
Slate Creek.
Respectfully submitted this 1- \day of March 2007.
L- .
---..) ~/' '--
eldon B. Stutzman
Deputy Attorney General
Technical Staff: Carolee Hall
i :umisc/comments/custO7 ,I wsch
STAFF COMMENTS MARCH 21 2007
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 21 sT DAY OF MARCH 2007
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. CUS-07-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
DENNIS THORNOCK, MGR
CUSTER TELEPHONE COOP INC
1111 SOUTH MAIN
PO BOX 324
CHALLIS ill 83226
MICHAEL C CREAMER
GIVENS PURSLEY LLP
PO BOX 2720
BOISE ID 83701
b;~
SECRET
CERTIFICATE OF SERVICE