20070228notice_of_application_order_no_30261.pdf

Office ofthe Secretary
Service Date
February 28, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CUSTER TELEPHONE
COOPERATIVE, INC. AND MIDV ALE
TELEPHONE EXCHANGE, INC.S JOINT
PETITION FOR AMENDMENT OF THEIR
RESPECTIVE CERTIFICATED SERVICEAREA BOUNDARIES
CASE NO. CUS-07-
NOTICE OF APPLICATION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 30261
YOU ARE HEREBY NOTIFIED that on February 15, 2007, Custer Telephone
Cooperative, Inc. and Midvale Telephone Exchange, Inc. filed a Joint Petition for Amendment of
Certificated Service Area Boundaries. Midvale is an incumbent telephone provider regulated by
the Commission pursuant to Title 61 , Idaho Code. The Joint Petition states that the Companies
certificated service areas are contiguous, and Custer and Midvale participated in construction of
a fiber optic ring to provide broadband service in their certificated areas west of Sunbeam, Idaho.
As part of that project, the Companies agreed to a meet-point that was within Midvale
certificated service area. The parties agreed to jointly seek amendment of their respective
boundaries to adjust Custer s certificated area to encompass its facilities up to the agreed upon
meet-point.
YOU ARE FURTHER NOTIFIED that, at the time Custer and Midvale completed
construction of the new meet-point, there were no customers of Midvale in the area
encompassing the meet-point. According to the Joint Petition, there are now six residential
customers in the subject area that currently receive service from Custer. Granting the Petition
would remove the area from Midvale s certificated area and place it within Custer s certificated
area.
YOU ARE FURTHER NOTIFIED that 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. "Service area" is defined at Idaho
Code 9 62-610B(3) as "a geographic area designated by the commission for the purpose of
determining universal service obligations of eligible telecommunications carriers.For rural
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30261
telephone companies
, "'
service area' means the company s 'study areas' as established by the
federal communications commission and the public utilities commission.Although Custer
Petition does not reference Idaho Code 9 62-610B or 62-610E, Staff believes the Commission is
authorized to consider Custer s Petition pursuant to those sections.
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, IDAP A 31.01.01.201-204. 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 any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21) days from the service date of this Notice. The comment must contain a
statement of reasons supporting the comment. Persons desiring a hearing must specifically
request a hearing in their written comments. Written comments concerning this Application may
be mailed to the Commission and the Applicant at the addresses reflected below:
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, Idaho 83720-0074
Dennis Thornock, Manager
Custer Telephone Cooperative, Inc.
1111 South Main
PO Box 324
Challis, ID 83226
Street Address for Express Mail:
472 W. Washington Sreet
Boise, ID 83702-5983
Lane Williams
Midvale Telephone Exchange Inc.
PO Box 7
Midvale, ID 83645
Michael C. Creamer
Givens Pursley LLP
601 West Bannock Street
PO Box 2720
Boise, ID 83701
These comments should contain the case caption and case number shown on the first
page of this document. Persons desiring to submit comments via e-mail may do so by accessing
the Commission s home page located at www.puc.idaho.gov Click the "Comments and
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30261
Questions" icon, and complete the comment form, using the case number as it appears on the
front of this document.
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.
YOU ARE FURTHER NOTIFIED that the Application and supporting workpapers
testimonies and exhibits have been filed with the Commission and are available for public
inspection during regular business hours at the Commission offices or on the Commission
Website at www.puc.idaho.gov under the "File Room" and "Telephone Cases.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 61 of the Idaho Code and that the
Commission may enter any final order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAP A 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that the Petition of Custer Telephone Cooperative, Inc.
and Midvale Telephone Exchange , Inc. for amendment of their respective certificated service
area boundaries be processed by Modified Procedure, IDAPA 31.01.01.201-204.Persons
interested in submitting written comments in this matter must do so no later than 21 days from
the service date of this Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30261
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;).8'"""
day of February 2007.
MARSHA H. SMITH, COMMISSIONER
MACK A.
ATTEST:
bls/O:CUS-07-02 ws
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30261