20201229Notice_of_Application_Order_No_34882.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34882 1

Office of the Secretary
Service Date
December 29, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF LXI-CLEC, LLC AND
FATBEAM, LLC’S APPLICATION FOR
APPROVAL TO ASSIGN THE
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY HELD BY LXI-CLEC, LLC
TO FATBEAM, LLC
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CASE NO. LXI-T-20-05
FZ4-T-20-02

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 34882

On November 17, 2020, LXI-CLEC, LLC (“LXI”) and Fatbeam, LLC (“Fatbeam”)
(collectively the “Applicants”) applied for authority for LXI to transfer its certificate of Public
Convenience and Necessity No. 498 (“CPCN”) and other assets to Fatbeam.
The Commission now provides this Notice of Application and Notice of Modified
Procedure establishing public and reply comment deadlines.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Fatbeam entered into an Asset Purchase
Agreement (“Agreement”) wherein Fatbeam will acquire certain assets from LXI and associated
companies Tekfinity, LLC, Tek-Hut, Inc. and Random Investments, LLC (collectively the
“Companies”). The assets include regulatory authorizations, telecommunications equipment and
facilities, certain customer and vendor contracts, and certain rights and agreements with third
parties and government agencies.
YOU ARE FURTHER NOTIFIED that Fatbeam currently provides facilities-based
Internet service, private line, and Wide Area Network services in Idaho.
YOU ARE FURTHER NOTIFIED that Fatbeam intends to offer basic local exchange
services utilizing unbundled network elements obtained via assignment of LXI’s interconnection
agreement with incumbent local exchange carrier, Qwest.
YOU ARE FURTHER NOTIFIED that Fatbeam will obtain assets of the Companies,
including LXI’s CPCN, allowing it to provide facilities-based services on a competitive basis to
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34882 2

Idaho customers.1 Fatbeam will continue to serve the customers currently served by the Companies
upon completion of the proposed transaction.
YOU ARE FURTHER NOTIFIED that Fatbeam seeks authority to offer
telecommunications services in all areas currently, or that become, open to competition, including
areas currently served by Frontier and CenturyLink. Fatbeam expects to compete with
CenturyLink.
YOU ARE FURTHER NOTIFIED that Fatbeam serves customers in northern and
eastern Idaho. Under the Agreement, Fatbeam will acquire fixed wireless and/or wireline facilities
of the Companies in southcentral and southwest Idaho.
YOU ARE FURTHER NOTIFIED that the Application is available for public
inspection during regular business hours at the Commission’s office. The Application is also
available on the Commission’s web site at www.puc.idaho.gov. Click on the “TELEPHONE” tab
at the top of the home page, then select “Open Cases” and then locate 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 61 of the Idaho Code. The Commission may
enter any final order consistent with its authority under Title 61.
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 will proceed under Modified Procedure
pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules of Procedure,
IDAPA 31.01.01.201 through .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

1 LXI-CLEC does not currently serve end-users in Idaho but does provide telecommunications facilities to the other
Companies who provide other telecommunications and communications services to enterprises and government
customers, primarily schools and libraries.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34882 3

comments. Persons shall have 21 days from the service date of this Order to file written
comments. Comments must be filed through the Commission website or by e-mail unless
computer access is unavailable. To comment electronically, please access the Commission’s home
page at 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, the customer must e-
mail the comments to the e-mail addresses listed below. In addition to submitting the comments
to the Commission Secretary, the customer must also e-mail the Company at the e-mail addresses
listed below. If computer access is unavailable, then comments may be mailed to the Commission
and Company at these addresses:
For the Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, Idaho 83714

For the Applicants:

Tamar Finn
Brett Ferenchak
1111Pennsylvania Ave., N.W.
Washington, DC 20004
[e-mail]
[e-mail]

Copy to LXI-CLEC:
Nate Bondelid
10350 West Emerald St.
Boise, ID 83704
[e-mail]

Copy to Fatbeam:
Kim Devlin
2065 W. Riverstone Dr. Ste 202
Coeur d’Alene, ID 83814
[e-mail]

YOU ARE FURTHER NOTIFIED that the Applicants must file any reply comments
within 28 days of the service date from this Order.
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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34882 4

O R D E R
IT IS HEREBY ORDERED that the Company’s Application be processed by Modified
Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so within 21 days from the service date on this Order. The Company must file
any reply comments within 28 days from the service date on this Order.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
34781, issued September 17, 2020. All pleadings should be filed with the Commission
electronically and shall be deemed timely filed when received by the Commission Secretary. See
Rule 14.02. Service between parties should also be accomplished electronically. 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 29th
day of December 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

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