20201224Petition for Reconsideration.pdf

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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF FIBER BROADBAND,
LLC'S ELIGIBILITY TO HOLD CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY
NO.526
cAsE NO. FBL-T-20-01
oRDER NO. 34852
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Fiber Broadband, LLC dba Tru Fiber (Company) respectfully requests that the ldaho
Public Service Commission (Commission) reconsider the recension of Company's
Certificate of Public Convenience and Necessity (CPCN) No. 526 per order 34852.
The company is presently providing basic switched telephone service to its subscribers
consistent with its CPCN charter. The company has obtained and has executed via
signature of both parties an Interconnection Agreement / Resale Agreement between
the Company and the ILEC (CenturyLink) which will be filed with the Commission by the
ILEC. We request that the Commission reconsider this recension to allow the company
a regulatory path forward to operate as a localexchange carrier consistent with the
CPCN charter, statute, and regulation.
PETITION FOR RECONSIDERATION - 1
JUSTIFICATION FOR RECONSIDERATION
In our November 3,2020,letter we asked the Commission for 90 days to implement our
local exchange services, but in the days since the letter we have not stood still.
We are pleased to report to the Commission that we are currently providing basic local
exchange service and we are moving quickly to expand the number of subscribers. Our
first order was placed mid-December. We have analyzed our market and we fully
expect to have expanded our subscriber numbers to more than 100 basic switched
telephone service subscribers in the coming months and then continue to grow that
number thereafter. Basic telephone service is now available and will be offered and
delivered to subscribers in every part of our network.
From the beginning, it had always been part of our plan to offer basic telephone service,
but as described in our November 3rd letter, when we were approached as an
acquisition candidate, that tended to freeze our operations plans in place untilthe
acquisition was thoroughly discussed and negotiated. Once the acquisition ultimately
fellthrough, it did take us some time to resume our operations plans, but they have now
resumed, and we are fully engaged in providing basic telephone service and in
continuing to expand our basic telephone subscriber base.
Now that we have begun to offer basic switched telephone service, the company will
begin making all appropriate contributions and meet all statutory and regulatory
reporting requirements. This includes contributions to:
PETITION FOR RECONSIDERATION . 2
ldaho Universal Service Fund,
ldaho Telecommunications Relay Service (TRS), and
Idaho Telecommunications Assistance Program ITSAP.
These together with Federal contributions for Universal Service, Telecommunications
Relay Service, county and regional Eg11 contributions, and all other contributions as
may apply now or in the future as well as any applicable state taxes.
We are also pleased to report to the Commission that as we indicated in our November
3rd letter, we did file for an application for an Interconnection Agreement / Resale
agreement with the ILEC and we have subsequently completed negotiations and
obtained an agreement which has been fully executed by signature of both parties.
The agreement will be filed with the Commission by the ILEC. There may have been
some confusion on this point from our letter when we said the "application will be filed
within 10 business days". What we meant is that the application would be filed with the
ILEC within 10 business days. That is the part of the process that the Company can
control, the ILEC has its own internal processes and timelines which are beyond our
control. In the end, we were able to complete the entire application, negotiation, and
execution process in full by December gth, 2020. The ILEC has informed us they will
file our agreement with the Commission.
Also as indicated in our Ietter, the Company has updated its contact information with the
Commission so that future notifications and communications from the Commission will
PETITION FOR RECONSIDERATION .3
be received by the appropriate people within the Company in a timely manner. The
Iack of response from the Company to the Commission was due to notifications going to
the wrong people.
SUMMARY
As the Company has begun to provide basic switched telephone service, as it has
completed and fully executed an lnterconnection/Resale Agreementwith the ILEC, and
as it has updated its contact information with the Commission to assure smoother and
timely communications in the future, the Company requests that the Commission
reconsider its decision to revoke our CPCN. ln addition, we suggest that the
Commission establish dates similar to those listed in the original CPCN order (#34135)
for the Company to communicate to the Commission its initial progress in the number of
subscribers it has installed to receive basic telephone service. We would suggest April
1,2021, and September 1,2021. We hope through these reporting dates to establish
confidence by the Commission in our commitment to provide basic telephone service
throughout our service area.
Dated: December 24, 2020
Fh*/-,!'')m
MichaelTague
Consultant
American CLEC
PETITION FOR RECONSIDERATION - 4
CERTIFICATE OF SERVICE
I hereby certiff that I have on this 24th day of December 2020 served the foregoing
document via Emailto:
Jan Noriyuki
Commission Secretary
Idaho Public Utilities Commission
1 1331 West Chinden Boulevard
Building 8, Suite 201-A
PO Box 83720
Boise, lD 83720
[e-mail]
PETITION FOR RECONSIDERATION .5