20070410final_order_no_30291.pdf

Office of the Secretary
Service Date
April 10, 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 SERVICE
AREA BOUNDARIES
CASE NO. CUS-07-
ORDER NO. 30291
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 s certificated service area. The
parties agreed to jointly seek amendment of their respective boundaries to adjust Custer
certificated area to encompass its facilities up to the agreed upon meet-point.
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.
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
Commission Staff in response to the Notice. Staff reported that the only customers in the
affected area are served by Custer, and that granting the Application would not affect Midvale
draw from the state Universal Service Fund. Staff recommended the Joint Petition to adjust the
certificated service area boundaries of Custer and Midvale be approved.
On the record in this case, we find it reasonable and appropriate to approve the Joint
Petition for Amendment of Certificated Service Area Boundaries filed by Midvale and Custer.
Custer maintains a central office in Clayton, Idaho, which is in close proximity to the six
ORDER NO. 30291
customers in the area. Those customers are already served by Custer, and placing their service
area within Custer s certificated boundary is in the public interest.
ORDER
IT IS HEREBY ORDERED that the Joint Petition of Custer Telephone Cooperative
Inc. and Midvale Telephone Exchange, Inc. for Amendment of Their Respective Certificated
Service Area Boundaries is approved. Custer s Certificate No. 308, and Midvale s Certificate
No. 254, are amended to remove an area from Midvale s certificated area and add it to Custer
certificated area, as shown in a map, Exhibit C to the Joint Petition, and as legally described in
Exhibit D and Exhibit E to the Joint Petition.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code g 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this jO!1-
day of April 2007.
MARSHA H. SMITH, COMMISSIONER
----" "
ATTEST:
~& ft~Je D. Jewell
Co mission Sec etary
bls/O:CUS-O7-02 ws2
ORDER NO. 30291