20070323Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:WELDON STUTZMAN
DATE:MARCH 23, 2007
SUBJECT:CUSTER TELEPHONE COOPERATIVE, INc.'PETITION FOR
AMENDMENT OF ITS CERTIFICATED SERVICE AREA BOUNDARY,
CASE NO. CUS-07-
On February 14, 2007, Custer Telephone Cooperative, Inc. filed a Petition for
Amendment of Certificated Service Area Boundary, asking the Commission to amend Custer
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. The Commission issued a
Certificate to Custer pursuant to Idaho Code 9 62-615, but that version of the statute was
repealed by the Legislature in 1997. The Commission does have authority to designate a
geographic service area for eligible telecommunications carriers, including mutual telephone
companies, pursuant to Idaho Code 9 62-610E, and the Commission considered Custer
Application under that statute.
On February 28 , 2007, the Commission issued a Notice of Application and Notice of
Modified Procedure to process the Application. Written comments were filed only by the
Commission Staff in response to the Notice. Staff reported that the three affected areas currently
are not within any company s service area, and that granting the Application is in the public
interest.
Staff recommends that Custer s Petition to amend its certificated servIce area
boundaries be approved.
DECISION MEMORANDUM
COMMISSION DECISION
Should the Commission approve Custer s Petition to amend its certificated service
area boundaries?
1J~
Weldon B. Stutzman
c~-
---
bls/M:CUS-O7-ws2
DECISION MEMORANDUM