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HomeMy WebLinkAbout20210415Notice_of_Application_Order_No_34994.pdfNOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 34994 1 Office of the Secretary Service Date April 15, 2021 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION On March 9, 2021, Commnet Wireless, LLC (“Company”) applied for designation as an Eligible Telecommunications Carrier (“ETC”) in Idaho. The Commission now sets deadlines for interested persons to comment on the Application, and for the Company to reply. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company represents that it operates facilities-based networks in 11 states providing mobile voice and broadband services, as well as fixed broadband services on a wholesale and retail basis. Application at 2. The Company states it provides these services in rural areas, mostly with less than 2,500 people. Id. YOU ARE FURTHER NOTIFIED that the Company states that as a winning bidder in the Federal Communications Commission (“FCC”) Rural Digital Opportunity Fund (“RDOF”) auction (Auction 904), the Company’s receipt of RDOF funding is conditioned upon obtaining designation as an ETC and submitting evidence of that designation to the FCC no later than June 7, 2021. YOU ARE FURTHER NOTIFIED that the Company asserts it meets all federal and state requirements for designation as an ETC in Idaho and that designating the Company as an ETC is in the public interest. Id. at 3-4. The Company asks that the Commission grant it ETC status before June 7, 2021. YOU ARE FURTHER NOTIFIED that the Application is available for public inspection during regular business hours at the Commission’s office. These documents are also available on the Commission’s web site at www.puc.idaho.gov. Click on the “TELECOM” icon, select “Open Cases,” and click on the case number as shown on the front of this document. IN THE MATTER OF THE APPLICATION OF COMMNET WIRELESS, LLC FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER IN IDAHO FOR PURPOSES OF RECEIVING RURAL DIGITAL OPPORTUNITY FUND SUPPORT ) ) ) ) ) ) ) ) ) CASE NO. CWL-T-21-01 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 34994 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 34994 2 YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission’s jurisdiction under Title 62 of the Idaho Code and specifically Idaho Code § 62-615. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq. NOTICE OF MODIFIED PROCEDURE 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, IDAPA 31.01.01.201 through .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 persons desiring to state a position on this Application may file a written comment explaining why the person supports or opposes the Application. Persons who would like a hearing must specifically request a hearing in their written comments. Persons interested in filing written comments must do so within twenty-one (21) days of the service date of this Order. Comments must be filed through the Commission website or by e-mail unless computer access is unavailable. To comment electronically, please access the Commission’s home page at www.puc.idaho.gov. Click the “Case Comment Form” and complete the form using the case number as it appears on the front of this document. To file by e-mail, the customer must e-mail the comments to the e-mail addresses listed below. In addition to submitting the comments to the Commission Secretary, the customer must also e-mail the Company at the e-mail addresses listed below. If computer access is unavailable, then comments may be mailed to the Commission and Company at these addresses: For the Idaho Public Utilities Commission: Commission Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83720-0074 E-mail: secretary@puc.idaho.gov For Commnet Wireless, LLC: Rohan Ranaraja Executive Director Regulatory Affairs Commnet Wireless, LLC 1001 Technology Drive, Suite 102 Little Rock, AR 72223 rranaraja@atni.com NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 34994 3 Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, Idaho 83714 Michael C. Creamer Blake W. Ringer Givens Pursley LLP 601 W. Bannock St. Boise, ID 83702 P.O. Box 2720-83701 mcc@givenspursley.com blakeringer@givenspursley.com YOU ARE FURTHER NOTIFIED that the Company must file any reply comments no later than twenty-eight (28) days from the service date of this Notice. 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. O R D E R IT IS HEREBY ORDERED that the Company’s Application be processed by Modified Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written comments must do so no later than twenty-one (21) days from the service date of this Notice. The Company must file any reply comments no later than twenty-eight days from the service date of this Notice. IT IS FURTHER ORDERED that parties should continue to comply with Order No. 34781, issued September 17, 2020. All pleadings should be filed with the Commission electronically and shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between parties should also be accomplished electronically. Voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. /// NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 34994 4 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 15th day of April 2021. PAUL KJELLANDER, PRESIDENT KRISTINE RAPER, COMMISSIONER ERIC ANDERSON, COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\TELEPHONE\CWL-T-21-01\CWLT2101_ntc app mod proc_jh.docx