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HomeMy WebLinkAbout20180830final_order_no_34135.pdfOffice of the Secretary Service Date August 30,2018 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION )OF FIBER BROADBAND LLC d/bla TRU )CASE NO.FBL-T-18-01 FIBER FOR A CERTIFICATE OF PUBLIC )CONVENIENCE AND NECESSITY ) )ORDER NO.34135 On March 28,2018,Fiber Broadband,LLC dba Tru Fiber (the Company)applied to the Commission for a Certificate of Public Convenience and Necessity (CPCN)authorizing it to provide local exchange services and high-speed internet services in Idaho.The Commission issued a Notice of Application and Notice of Modified Procedure with a 21-day comment period.Order No.34121.Commission Staff was the only party to file written comments.After reviewing the Application and comments,the Commission approves the Application. THE APPLICATION The Company is an Idaho limited liability company.Application at 3 and Exhibit A thereto.The Company proposes,and requests authority,to offer local exchange and high-speed internet services statewide within the State of Idaho.Application at 2.If certified,the Company would provide optically based telephoneservice includingboth analog and digital PBX,as well as broadband internet services.Id The Company would focus its service in Pocatello,Blackfoot, Idaho Falls,Rexburg,and surrounding CenturyLink territory.Id at 2-3.It would pursue interconnection agreements with CenturyLink.Id.at 1.The Company agrees to comply with all Commission rules.Id.at 4. STAFF COMMENTS Staff reviewed the Company's Application and supplemental filings for compliance with the applicable legal requirements for obtaining a CPCN.Based on its review,Staff believes the Company understands and agrees to comply with the Commission's rules and requirements. Staff believes the Company has fulfilled all requirements for a CPCN and recommended approval of the Company's Application. DISCUSSION AND FINDINGS Based on our review of the record,including the Company's Application and Staff's comments,we find that the Company's Application complies with the requirements for a CPCN. Rule of Procedure 114 sets forth the requirements that competitive local exchange carriers -such ORDER NO.34135 1 as the Company-mustsatisfy to obtain a CPCN.IDAPA 31.01.01 114.We find that the Company has provided all needed information in its Application,including financial information,and that the Company possesses the requisite financial,managerial,and technical qualifications to operate as a telecommunications service provider.We also find that the Company knows of and has agreed to comply with this Commission's rules.For these reasons,we approve the Company's Application for a CPCN subject to the followingconditions: 1.The Company shall Comply with number pooling and reporting requirements of the North American Numbering Plan Administrator,as set forth in Commission Order No.30425; 2.The Company shall provide necessary reports and contribute as appropriate to the Idaho Universal Service Fund,Idaho Telecommunications Relay System,Idaho Telecommunications Service Assistance Program,and comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunication providers; 3.The Company provide a brief confidential report to Commission Staff on February 1,2019,and August 1,2019,with an update on the number of customers who are currentlyreceiving basic local exchange service from the Company;and 4.The Company shall relinquish its CPCN and all telephone numbers if,within one year of issuance of a CPCN,the Company is not providing local exchange telecommunications services in Idaho. ORDER IT IS HEREBY ORDERED that the Company's Application for a CPCN is granted subject to the conditions outlined above. 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 §§61-626 and 62-619. ORDER NO.34135 2 DONE by Order of the Idaho Public Utilities Cornrnission at Boise,Idaho this day of August 2018. PAUL KJEEL\NDE PRESIDENT KRIS INE RAPER,C MMISSIONER ERIC ANDERSON,COMMISSIONER ATTEST: Diane M.Hanian Commission Secretary FBLTl801 ep_final ORDER NO.34135 3