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. AND MIDV ALE
TELEPHONE EXCHANGE, INc.'JOINT PETITION FOR
AMENDMENT OF THEIR RESPECTIVE CERTIFICATED SERVICE
AREA BOUNDARIES, CASE NO. CUS-07-
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 ofthat 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
DECISION MEMORANDUM
affected area are served by Custer, and that granting the Application would not affect Midvale
draw from the state Universal Service Fund.
Staff recommends that the Joint Petition to adjust the certificated servIce area
boundaries of Custer and Midvale be approved.
COMMISSION DECISION
Should the Commission approve the Joint Petition to adjust the certificate service
area boundaries of Custer and Midvale?
\ f l /'L--
, ~
Weldon B. Stutzman
bls/M:CUS-O7-02 ws2
DECISION MEMORANDUM