20180822Comments.pdf

EDITH PACILLO
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5430
F.iCEIVED
?fl1 IUS 22 PP l:58
',j.:lil,\tu'o*
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIBS COMMISSION
IN THE MATT4R OF THE APPLICATION OF
FIBER BROADBAND LLC (d,tbla TRU FIBER)
FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
attorney of record, Edith Pacillo, Deputy Attorney General, and in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 34121 on August 1, 2018, in
Case No. FBL-T-I8-01, submits the following comments.
BACKGROUND
On March 28,2018, Fiber Broadband,LLC (dba Tru Fiber) applied to the Commission
for a Certificate of Public Convenience and Necessity (CPCN) authorizing it to provide local
exchange services and high-speed Intemet services in Idaho.
Tru Fiber (Company) is an Idaho Limited Liability Company, headquartered at 620
Pheasant Ridge Drive, Chubbuck, Idaho 83202. It is registered with the Idaho Secretary of State
and its Certificate of Organization is attached as Exhibit A to its Application.
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CASE NO. FBL.T.18-01
1STAFF COMMENTS AUGUST 22,2018
Street Address for Express Mail:
472W. WASHINGTON
BOISE, IDAHO 83702-5918
Tru Fiber proposes, and requests authority, to offer local exchange and high-speed
internet services statewide within the State of Idaho. Application at2. Tru Fiber intends to
provide optically based telephone service including both analog and digital PBX, as well as
broadband internet services. Id. Tru Fiber intends to focus its service offerings in Pocatello,
Blackfoot, Idaho Falls, Rexburg and surrounding CenturyLink territory. Id. at2-3. If certified,
Tru Fiber intends to pursue interconnection agreements with CenturyLink. Id. at l.
Tru Fiber provided its names and addresses of Offrcers and Directors, as well as financial
information.
Tru Fiber agrees to comply with all Commission rules. Id. at 4.
STAFF ANALYSIS
On March 9,2018, Tru Fiber applied for a CPCN. In its initial Application, the Company
indicated that it would not be providing a tariff because "none of our currently planned services
are regulated." The Company explained that they were not planning on offering local exchange
services at the present time. The focus of their services were only "unregulated Internet
services." Staff contacted the Company and explained that they did not need a certificate
because the Commission does not regulate internet services. The Company met to discuss this
matter and on March 29,2018, a new Application was filed.
The March 29,2018 Application requested that the previous Application be withdrawn
and replaced with this filing. Staff reviewed the replacement filing and contacted the Company.
After discussion of the required corrections needed, Staff requested that the Company provide a
business plan with projected growth rates for local exchange services.
On Julyl2, 2018, the Company provided corrections to the Application so that it now
comports with the Commission's rules and Idaho Statute. The Company also included a
confidential business plan wherein they state that as a startup they will be reselling services
while installing their own facilities. They provided projected customer counts for a 6-month and
a l2-month period.
2STAFF COMMENTS AUGUST 22,2018
RECOMMENDATION
Staff recommends that Tru Fiber be granted a CPCN subject to the following conditions:
a) Tru Fiber complies with number pooling and reporting requirements of the
North American Numbering Plan Administrator, as set forth in Commission Order
No.30425;
b) Tru Fiber provides necessary reports and contributes as appropriate to the Idaho
Universal Service Fund, Idaho Telecommunications Relay System, Idaho
Telecommunications Service Assistance Program, and complies with all future reporting
requirements deemed appropriate by the Commission for competitive telecommunication
providers;
c) Tru Fiber will 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 currently
receiving basic local exchange service from the Company.
d) Tru Fiber will relinquish its Certificate and all telephone numbers if, within one year
of issuance of a CPCN, the Company is not providing local exchange telecommunications
services in ldaho.
Respecttully submitte d this ))do^,of August 2018.
Edith Pacillo
Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc:comments/fultl 8. lepch comments
aJSTAFF COMMENTS AUGUST 22,2018
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 22ND DAY OF AUGUST 2018,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. FBL-T-l8-OI, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
FIBER BROADBAND LLC
DBA TRU FIBER
620 PHEASANT RIDGE DR
CHUBBUCK ID 83202
E-MAIL : kgr2n.v"@MyTru Fi ber. cour
CERTIFICATE OF SERVICE