20210121Reconsideration_Order_No_34895.pdf

ORDER NO. 34895 1

Office of the Secretary
Service Date
January 21, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On December 3, 2020, the Commission issued Order No. 34852 in Case No. FBL-T-
20-01. Order No. 34852 rescinded the order in which the Commission granted the application of
Fiber Broadband, LLC dba Tru Fiber (Company) for a certificate of public convenience and
necessity (CPCN)—thereby revoking CPCN No. 526. See Order No. 34135. The Commission
revoked CPCN No. 526 because, among other reasons, the evidence in the record established the
Company was not providing basic local exchange service, in violation of Order No. 26665.
On December 24, 2020, the Company petitioned for reconsideration. See IDAPA
31.01.01.331 through .333. In its Petition for Reconsideration (Petition), the Company asserted it
signed an interconnection agreement with CenturyLink on December 9, 2020 and has been
providing basic local exchange service since “mid-December.” The Company asked the
Commission to reconsider its rescission of Order No. 34135 “to allow the [C]ompany a regulatory
path forward to operate as a local exchange carrier consistent with CPCN charter, statute, and
regulation.” Company’s Petition at 1.
Now, having considered the record before it, the Commission denies the Company’s
Petition.
BACKGROUND
1. The Commission’s Order to Show Cause and October 20, 2020 hearing
On September 28, 2020, the Commission issued an Order to Show Cause and a Notice
of Hearing. See Order No. 34788. The order required the Company to appear before the
Commission to show cause:
a. Why the Commission should not find the Company violated condition 3 and/or condition
4[1] of Order No. 34135;

1 Condition 3 in Order No. 34135 required the Company to provide two brief reports to Commission Staff on February
1, 2019 and August 1, 2019, stating the number of customers receiving basic local exchange service from the
Company. To date, Commission Staff has not received these reports. Condition 4 required the Company to “relinquish
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. 34895
ORDER NO. 34895 2

b. Why the Commission should not find the Company violated the CPCN eligibility
requirements in Order No. 26665[2]; and
c. Why the Commission should not rescind Order No. 34135 pursuant to Idaho Code § 61-
624 based on the Company’s failure to meet the Commission’s prescribed conditions for
CPCN issuance, thereby revoking the Company’s CPCN.
Order No. 34788. The Commission served a copy of the Order to Show Cause on the Company by
certified mail.
On October 20, 2020, the Commission held the show-cause hearing. No representative
of the Company attended the hearing. Commission Staff entered several exhibits into the record,
including a copy of the signed certified mail receipt—indicating the Company received a copy of
the Order to Show Cause.
2. The Company’s November 3, 2020 letter
On November 3, 2020, the Company filed a letter requesting the Commission give the
Company 90 days to “implement our local exchange voice services and become compliant with
the Commission’s order.” Company’s Letter at 1. The Company explained that it missed the
October 20, 2020 show-cause hearing because the contact information it had on file with the
Commission was outdated. The Company asserted that it was seeking an interconnection
agreement with CenturyLink, and that the “application will be filed within 10 business days.” Id.
Regarding the delay in providing basic local exchange service, the Company explained:
In the second quarter of 2019, we received a compelling offer from an Idaho
ILEC to buy Fiber Broadband LLC, dba Tru Fiber, by the end of 2019. The
Closing date of this transaction was subsequently moved back to May 31, 2020,
but negotiations fell through when key issues could not be settled. We have not
allocated proper resources to our voice services since May, but we fully
understand our obligation to offer local exchange services as a condition of our
CPCN and we intend to fully comply with the Commission.

The Company requested 90 days to begin providing basic local exchange service.

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.”
2 Consistent with Title 62, Order No. 26665 directs that only a Title 62 telephone corporation that provides basic local
exchange service may hold a CPCN.
ORDER NO. 34895 3

3. Commission Order No. 34852, revoking CPCN No. 526
On December 3, 2020, the Commission issued Order No. 34852, revoking CPCN No.
526 by rescinding the order in which the Commission approved the Company’s Application for a
CPCN. See Idaho Code § 61-624. The Commission observed that the “Company admits in its
November 3, 2020 letter that it is not providing basic local exchange service.” Order No. 34852 at
4. The Commission also noted that the Company “has repeatedly been reminded by Commission
Staff of its obligation to provide basic local exchange service.”3 Id.
A copy of the final order was served on the Company by certified mail, and the
Commission received the signed certified mail receipt on December 14, 2020.
THE COMPANY’S PETITION
In its Petition for Reconsideration, the Company asserted it is providing basic local
exchange service.
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.

Company’s Petition at 2 (emphasis added).
Additionally, the Company asserted it recently executed an interconnection
agreement/resale agreement with CenturyLink. The Company stated that CenturyLink will file the
agreement with the Commission for approval.
The Company assured the Commission that, since the Company now offers basic local
exchange service, “the [C]ompany will begin making all appropriate contributions and meet all
statutory and regulatory reporting requirements.” Company’s Petition at 2. The Company cited
several telecommunications funds to which it would begin contributing and reporting, including
the Idaho Universal Service Fund, the Idaho Telecommunications Relay Service, and the Idaho
Telecommunications Assistance Program.

3 Commission Staff sent a letter to the Company on June 4, 2019 directing the Company to provide evidence that the
Company was providing basic local exchange service. Order No. 34788, Exhibit A (Affidavit of Daniel Klein). In
August 2019, Staff spoke with a representative of the Company who confirmed receipt of the June 4, 2019 letter. Id.
ORDER NO. 34895 4

Rather than rescinding Order No. 34135 and revoking CPCN No. 526, the Company
suggested the Commission allow the Company to retain its CPCN and establish a reporting
schedule similar to that outlined in Order No. 34135. The Company suggested the reports be due
April 1, 2021 and September 1, 2021.
STANDARD OF REVIEW
A person may petition the Commission to reconsider its orders. See Idaho Code § 61-
626; Rules 331-333 (IDAPA 31.01.01.331-.333). Reconsideration allows the petitioner to bring
to the Commission’s attention any question previously determined and thereby affords the
Commission an opportunity to rectify any mistake or omission. Washington Water Power Co. v.
Kootenai Environmental Alliance, 99 Idaho 875, 879, 591 P.2d 122, 126 (1979); Rule 325. The
petitioner has 21 days from the date of the final order in which to ask for reconsideration. Idaho
Code § 61-626(1). The petition must specify why it “contends that the order or any issue decided
in the order is unreasonable, unlawful, erroneous or not in conformity with the law.” Rule 331.01.
Further, the petition “must state whether the petitioner . . . requests reconsideration by evidentiary
hearing, written briefs, comments, or interrogatories.” Rule 331.03. Grounds for reconsideration
or issues on reconsideration that are not supported by specific explanation may be dismissed.
IDAPA 31.01.01.332. Any answers or cross-petitions must be filed within seven days after the
petition was filed. Rule 331.02 and .05.
Once a petition is filed, the Commission must issue an order saying whether it will
reconsider the parts of the order at issue and, if reconsideration is granted, how the matter will be
reconsidered. Idaho Code § 61-626(2). If reconsideration is granted, the Commission must
complete its reconsideration within 13 weeks after the date for filing petition(s) for
reconsideration. Idaho Code § 61-626(2). The Commission must issue its final Order on
reconsideration within 28 days after the matter is finally submitted for reconsideration. Id.
COMMISSION FINDINGS AND DECISION
The Commission has reviewed the record, including the Commission’s prior orders,
the Company’s November 6, 2020 letter and December 24, 2020 Petition, and the hearing
transcript. Based on our review, we find the Company’s Petition fails to state why the
Commission’s decision in Order No. 34852 was unreasonable, unlawful, erroneous, or not in
conformity with the law. Therefore, the Commission denies the Company’s Petition for
Reconsideration.
ORDER NO. 34895 5

In its Petition, the Company did not assert the Commission erred in any part of its
decision. After failing to appear at the scheduled Show Cause hearing and following issuance of
our order revoking its CPCN, the Company asserted that it has since begun providing basic local
exchange service, receiving its first customer in “mid-December.” Company’s Petition at 2. No
document or report was provided that showed evidence of any customers. The Company also
asserted it executed an interconnection agreement with CenturyLink on December 9, 2020. No
interconnection agreement was provided with its Petition for Reconsideration to substantiate the
assertion. Consequently, there is no basis upon which we would reconsider our findings and
conclusions in Order No. 34852.
The Company requested in its Petition that the Commission reconsider its decision “to
allow the [C]ompany a regulatory path forward to operate as a local exchange carrier consistent
with the CPCN charter, statute, and regulation.” Company’s Petition at 1. Essentially, the
Company asks the Commission to give it more time to show that it can provide basic local
exchange service and comply with the corresponding statutes and regulations.
The Commission issued the Company’s CPCN in August 2018. As a condition of that
issuance, the Company was to file a report with the Commission on February 1, 2019 and August
1, 2019. See Order No. 34135. Neither report was filed. An additional condition of issuance was
that the Company would relinquish its CPCN and all telephone numbers if, within one year of
issuance of a CPCN, the Company was not providing local exchange services. Id. There is still no
evidence in the record that the Company is providing local exchange service to any customers –
absent an assertion by the Company without any corresponding evidence. The Company has had
since August of 2018 to “operate as a local exchange carrier consistent with the CPCN charter,
statute, and regulation.” This Commission revoked its CPCN based on the Company’s non-
compliance. No evidence has been provided to refute the basis for our original decision. Because
the Company has failed to show how this Commission’s final Order No. 34852 is unreasonable,
unlawful, erroneous or otherwise not in conformity with the law, the Company’s Petition for
Reconsideration is denied.
O R D E R
IT IS HEREBY ORDERED that the Company’s Petition for Reconsideration is denied.
ORDER NO. 34895 6

THIS IS A FINAL ORDER ON RECONSIDERATION. Any party aggrieved by this
order may appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law and the Idaho
Appellate Rules. See Idaho Code § 61-627.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 21st
day of January 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\TELEPHONE\FBL-T-20-01\Order\FBLT2001_Reconsideration_mh.docx