20180725Comment.pdf

M ay 17,20 18
To:Idaho Public Utilities Comm.
From:David Hoffman
Garden Valley Idaho
208 462 5656
Dear CommissionSecretary,
There is a process the PUC is involved with regard Idaho landlinetelephonebillswherebythePUCisattachingaUniversalServiceFee
Toll to each bill.
In the past I have spoken to PUC investigators who are familiar with mycomplaintofthistactic.While you may have Idaho code allowingsuch apractice,as happensall too often,legislators did not think this throughallthewayasthistactichorriblyeffectsruralresidenceonly.
Every phone call I make requires me to dial 1208.I even have to dialthiswhencallingmycountyseatinIdahoCity.I pay well over $20 eachmonthwhichisattachedtomybillasiftheStateofIdahoisinthelongdistancephonebusiness.This procedure is actually illegal even whenfollowingIdahocodebecauseittargetsaselectgroupofcitizens.TheruralcitizenspaythemajorityofmoniescollectedwhichtheWHOLE
STATE of Idaho benefits from.This of itself is a civil rights violation.Itviolatesa14thAmendmentforlackofequalprotectionunderthelaw.Itmayalsoviolatea5thAmendmentclauseforlackofdueprocess.Through a not very well thought out Idaho Code,the PUC is collectingmoniesfromruralareasinabundancewhereasallothercallingareashaveawiderangeofcallstheymakewhicharenota1208typeofcallandnomoniesarecollectedfromthem.
While it is not likely anyone is going to sue the PUC or the State ofIdahoforwhatisdescribedherein,these points are made to show how
serious this is and how one group of citizens are being targeted and in
so doing,the majority of monies collects is from this group.
Long ago in Connecticut a law suit prevailed in a similar scenario.
The State of Ct.has two major road arteries which run parallel to eachotherinwhichbothroadwayshadtollsonthematthesamepointsofroadway.l-95 ran along the coast going northerly while the Merritt
Parkway ran inland about ten miles parallel to 95.At the north point onbothroadsaroundFairfieldwasatollandbothroadshadanothertollhouseonthesouthernregionatGreenwich.This area is possibly
one of the richest areas in the U.S.and was also known for having beencoinedthetermbedroomcommunitiesofNYCassomanypeopledrovefromtheirhometoNYCtowork.
Each day these people would have to pay tolls to get to work while the
rest of the state had no tolls to operate.After a long time of abuse,asuitwasfiledallegingtherichcommunityofFairfieldCountywaspayingtaxesandtollsnoneoftheothercitizenswerepayingandinwhichthewholestatebenefitedfromsaidtolls.The tolls were removed
as they were deemed unconstitutional.
The Universal Service Fee of 25 cents is not the problem.The problem
is the per minute charge of the UniversalService Fee TOLL attached toeachbillwhichtargetsruralphoneareasbutbywhichthewholestateofIdahobenefits.THIS is not legal and the code Idaho created is NOTLEGAL.While you attach this toll to all accounts,no one but rural areas
are really effected.This practice is not fair.The State of Idaho is not alongdistanceservicecarrieryetactsisiftheyare.
I do not pay any long distance fees for my phone service as per the
company but the PUC has decided I shall in fact do so.EVERYCALL I
make for the most part is effected by this unconstitutional statute.
The only way to get PUC to admit what they are doing is legally and
morally wrong is to continue to bring this to your attention.
Please do not do as legislatures have tried to do while I testify before
committees and say the words 'what we do is not illegal'when in fact if
Idaho created a code contrary to the Constitution,it is illegal.If I don't
go down to the big dome and tell them this repeatedly,they forget.
Please contact me with your intent of fixing this bad practice.With
respect,I am not going to continue to standby while this continues.
David Hoffman