20200911Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLAI\DER
COMMISSIONER RAPER
COMMISSIONER AIIDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:MATT HUNTER
DEPUTY ATTORNEY GENERAL
DATE: SEPTEMBER 9,2020
SIIBJECT:IN THE MATTER OF THE INVESTIGATION OF FIBER BROADBAND,LLC'S ELIGIBILITY TO HOLD CERTIFICATE OF PUBLIC
CONYENIENCE AND NECESSITY NO. 526; CASE NO. FBL-T-20-01.
Fiber Broadband, LLC dba Tru Fiber ("Company") holds Certificate of Public
Convenience and Necessity ("CPCN") No. 526. Commission Staff has been unable to determine
whether the Company is providing basic local exchange service, and therefore recommends the
Commission cofitmence proceedings to require the Company to show cause why it remains eligible
to hold a CPCN.
BACKGROUND
On August 30, 2018, the Commission granted the Company's application for a CPCN,
subject to several conditions. One condition was that the "Company provide a brief confidential
report to Commission Staff on February I , 2019 , and Augus t I ,2019 ,with an update on the number
of customers who are currently receiving basic local exchange service from the Company...."
OrderNo. 34135 at2. Another condition was that the "Company shall relinquish its CpCN and all
telephone numbers if, within one year of issuance of the CPCN, the Company is not providing
local exchange telecommunications services in ldaho." Id.
On June 4, 2019, Staff sent a letter requesting the Company provide evidence that it
provides basic local exchange service as defined by ldaho Code g 62-603(l). While a
representative of the Company did speak with Staff by phone several weeks after Staff s letter was
sent, the Company has provided no evidence that it provides basic local exchange service.
DECISION MEMORANDUM
STAFF RECOMMENDATION
Staff recommends the Commission corrmence a proceeding directing the Company to
show cause why it remains eligible to hold a CPCN. A Title 62 telephone corporation is eligible
for a CPCN only if itprovides basic local exchange service. See OrderNos. 26665 and 34130. The
Company has provided no evidence--+ither in compliance with the Commission's 2018 order or
in reply to Staffs 2019 letter-that it provides this service.
Staff believes Modified Procedure, IDAPA 31.01.01.201 through .204, is appropriate
for this proceeding and affords ample due process to the Company. The question is simple: does
the Company provide basic local exchange service? If the Company does, evidence of this service
should be easy to provide to the Commission. If the Company does not provide this service, then
it is ineligible to hold a CPCN. Modified Procedure is well suited for such an inquiry. If, however,
the Company wants a formal hearing it may request one. See IDAPA 31.01.01.203.
Therefore, Staff recommends the Commission issue a Notice of Complaint and
Modified Procedure, requiring the Company and any interested persons to provide any written
comments to Staff s Complaint by October 15, 2020. Staff also recommends the Commission
direct Staff to provide any reply comments by October 29,2020.
COMMISSION DECISION
Does the Commission wish to:
l. Issue a Notice of Complaint and Modified Procedure, setting an October 15,2020
comment deadline for the Company and any interested persons, and an October 29,
2020 reply comment deadline for Staff?
2. If not, does the Commission wish to:
a. Issue a Notice of ComPlaint;
b. Order the Company to appear before the Commission to show cause why the
Company remains eligible to hold a CPCN; and
c. Set a date for the show-cause hearing?
Matt Hunter
Deputy Attorney General
I:\Lega!\TELEPHONE\FBL-T-20-0 I \FBLT200 1-dec-memo-mh.docx
DECISION MEMORANDUM 2