Loading...
HomeMy WebLinkAbout20240304Notice_of_Application_Order_No_36105.pdf NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36105 1 Office of the Secretary Service Date March 4, 2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IM TELECOM, LLC D/B/A INFINITI MOBILE’S APPLICATION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER ) ) ) ) ) ) ) ) ) CASE NO. IMT-T-23-01 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36105 On December 15, 2023, IM Telecom, LLC d/b/a Infiniti Mobile (“Company” or “INFINITI”) applied to the Idaho Public Utilities Commission (“Commission”) for designation as an Eligible Telecommunications Carrier (“ETC”) in the State of Idaho (“Application”). The Company also filed a Notification of Intent to Provide Service on December 20, 2023. The Company requested the Commission grant it designation as an ETC for the limited purpose of providing Lifeline services. The Company requested that it be allowed to participate and receive reimbursement from the Idaho Telephone Service Assistance Program (“ITSAP”) accordingly. The Commission now issues this Notice of Application and sets deadlines for interested persons to comment on the Application, and for the Company to reply. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that INFINITI is an Oklahoma Limited Liability Company that is a wholly owned subsidiary of KonaTel, Inc.—a Delaware corporation. YOU ARE FURTHER NOTIFIED the Company stated that it uses AT&T Mobility, Verizon Wireless, and T-Mobile USA, Inc. as underlying carriers and has been granted ETC designation related specifically to Lifeline services in several states. YOU ARE FURTHER NOTIFIED that the Company requested a limited designation to be authorized to provide Lifeline service to qualifying Idaho consumers across the entire State of Idaho—including those on federally recognized Tribal lands. YOU ARE FURTHER NOTIFIED that the Company requested that its designation as an ETC include the authority to participate in, and receive reimbursement from, the ITSAP. The NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36105 2 Company stated that it was not eligible to receive funds from the Universal Service Fund and was not seeking such designation. YOU ARE FURTHER NOTIFIED that the Company stated that the Commission has jurisdiction over this matter and that the Company is a common carrier with the ability to provide the telecom services listed in its Application. YOU ARE FURTHER NOTIFIED that the Company stated that it meets all federal and state requirements for designation as an ETC. The Company also asserted that designating the Company as an ETC is in the public interest. YOU ARE FURTHER NOTIFIED that the Company stated that, if approved, it will offer telecom services (from calling and text messaging to broadband access) in a cost-effective manner—thereby increasing competition and customer service options within unserved and underserved areas to eligible customers. YOU ARE FURTHER NOTIFIED that the Application and supplemental materials are available for public inspection during regular business hours at the Commission’s office. The Application and supplemental materials are also available on the Commission’s website at www.puc.idaho.gov. Click on the “TELEPHONE” icon, select “Open Cases” and click on the case number as shown on the front of this document. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission’s jurisdiction under Title 62 of the Idaho Code. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq. NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter, and that it will proceed under Modified Procedure pursuant to the Commission’s Rules of Procedure 201-204, IDAPA 31.01.01.201-.204. The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this Application may file a written comment explaining why the person supports or opposes the Application. Persons who would like a hearing must specifically request a hearing in their written NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36105 3 comments and explain why written comments alone are insufficient. Persons interested in filing written comments must do so within 21 days of the service date of this Order. Comments must be filed through the Commission’s website or by e-mail unless computer access is unavailable. To comment electronically, please access the Commission’s website at http://www.puc.idaho.gov/. Click the “Case Comment Form” and complete the form using the case number as it appears on the front of this document. To file by e-mail, persons must e-mail the comments to the Commission Secretary and all parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code § 74-101(13), and all information provided by such person is available for public and media inspection. If computer access is unavailable, then comments may be mailed to the Commission and the Parties at the addresses below. Persons submitting a comment by mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code § 74-101(13), and all information provided by such person is available for public and media inspection. For the Idaho PUC: Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise, ID 83720-0074 secretary@puc.idaho.gov Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 For the Company: Lance J.M. Steinhart 1725 Windward Concourse, Suite 150 Alpharetta, GA 30005 lsteinhart@telecomcounsel.com YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within 28 days of the service date of this Order. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36105 4 YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set, the Commission will consider this matter on its merits and enter its Order without a formal hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing. O R D E R IT IS HEREBY ORDERED that the Application be processed by Modified Procedure. Persons interested in submitting written comments must do so within 21 days of the service date of this Order. The Company must file any reply comments within 28 days of the service date of this Order. IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between parties should continue to be accomplished electronically when possible. However, voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 4th day of March 2024. __________________________________________ ERIC ANDERSON, PRESIDENT __________________________________________ JOHN R. HAMMOND JR., COMMISSIONER __________________________________________ EDWARD LODGE, COMMISSIONER ATTEST: ____________________________________ Monica Barrios-Sanchez Commission Secretary I:\Legal\TELECOM\IMTT2301_Ntc_App_Mod_md.docx