20230710Notice_of_Application_Order_No_35846.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35846 1
Office of the Secretary
Service Date
July 10, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ELECTRIC
LIGHTWAVE, LLC’S AND ZAYO
GROUP, LLC’S JOINT APPLICATION
FOR APPROVAL TO ASSIGN THE
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY HELD
BY ELECTRIC LIGHTWAVE, LLC TO
ZAYO GROUP, LLC
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CASE NOS. ELI-T-23-01
ZAY-T-23-01

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35846

On March 23, 2023, Electric Lightwave, LLC d/b/a Allstream (“Electric Lightwave”) and
Zayo Group, LLC (“Zayo”) (referred to collectively as “the Applicants”) jointly applied to the
Idaho Public Utilities Commission (“Commission”) seeking approval to transfer Electric
Lightwave’s Certificate of Public Convenience and Necessity (“CPCN”) No. 344 to Zayo with
Zayo being the remaining entity after assuming CPCN No. 344. While retaining their original
request, the Applicants filed an amended application (“Application”) on April 3, 2023.
The Commission now issues a Notice of Application and sets deadlines for interested
persons to comment on the Application, and for the Applicants to reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Applicants are both Delaware limited liability
companies. Zayo is authorized to engage in telecom business activities in Idaho. Electric
Lightwave is a wholly owned subsidiary of Zayo. Zayo is wholly owned by Zayo Group Holdings,
Inc. The Applicants state that the Pro Forma Consolidation of Electric Lightwave into Zayo will
save costs by reducing the duplication of roles within the Applicants’ corporate structures.
YOU ARE FURTHER NOTIFIED that the Applicants state that Zayo provides numerous
telecom related services including providing broadband infrastructure and interconnection, private
line, Ethernet, and wavelength services. Zayo has been authorized to provide wholesale
telecommunications service in Idaho pursuant to Commission Order No. 32765. Electric
Lightwave was granted its CPCN in Case No. ELI-T-04-02. See Certificate 344. Both Zayo and
Electric Lightwave have been authorized to provide domestic and international services by the
Federal Communications Commission.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35846 2
YOU ARE FURTHER NOTIFIED that if the Applicants’ requested relief is granted, the
Applicants plan for Zayo to form division that will be known as Allstream. This division will
provide the services that Electric Lightwave once provided—including certain services not
currently provided by Zayo. The Applicants state that customer rates and terms of service would
not change if Electric Lightwave’s customers are served directly by Zayo. Zayo plans to use
Electric Lightwave’s existing facilities (and other facilities) to provide local exchange service.
YOU ARE FURTHER NOTIFIED that further information concerning the Applicants’
proposed Pro Forma Consolidation can be found in the detailed Exhibits attached to the
Application.
YOU ARE FURTHER NOTIFIED that the Application and attached Exhibits are available
for public inspection during regular business hours at the Commission’s office. The Application
is also available on the Commission’s website at www.puc.idaho.gov. Click on the
“TELEPHONE” icon, select “Open Cases” and click on the case number as shown on the front of
this document.
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.
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 that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the 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 21 days of the
service date of this Order. Comments must be filed through the Commission’s website or by e-
mail unless computer access is unavailable. To comment electronically, please access the

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35846 3
Commission’s website 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 Commission Secretary and 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 PUC:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714

For Applicants:

Lauren Lantero
VP, General Counsel
Corporate Zayo Group, LLC
1821 30th Street, Unit A
Boulder, CO 80301
[e-mail]

Catherine Wang
Brett P. Ferenchak
Morgan, Lewis & Bockius, LLP
1111 Pennsylvania Ave., N.W.
Washington, DC 20004-2541
[e-mail]
[e-mail]

Douglas Denney
VP, Legal & Regulatory
Allstream
18110 SE 34th Street
Building One, Suite 100
Vancouver, WA 96383
[e-mail]

YOU ARE FURTHER NOTIFIED that the Applicants must file any reply comments
within 28 days of the service date of this Order.
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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35846 4
O R D E R
IT IS HEREBY ORDERED that the Application be processed by Modified Procedure.
Persons interested in submitting written comments must do so within 21 days of the service date
of this Order. Applicants must file any reply comments within 28 days of the service date of this
Order.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 10th day of
July, 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

____________________________________
Jan Noriyuki
Commission Secretary

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