HomeMy WebLinkAbout20230712Notice_of_Petition_Order_No_35852.pdf
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35852 1
Office of the Secretary
Service Date
July 12, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF MILLENNIUM
NETWORKS, LLC’S NOTICE OF THE
ACQUISITION OF CERTAIN ASSETS OF
CTC TELECOM, INC.
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CASE NO. MNL-T-23-01
CTL-T-23-03
NOTICE OF PETITION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 35852
On May 26, 2023, Millenium Networks, LLC, d/b/a Silver Star Communications
(“Millenium” or “Company”) filed notice to the Idaho Public Utilities Commission
(“Commission”) of its acquisition of “most of CTC Telecom, Inc’s. (“CTC”)1 assets in Ada
County, Idaho. Notice at 1.
At the Commission’s June 27, 2023, Decision Meeting, Commission Staff (“Staff”)
recommended the Commission open a new case for CTC, direct Staff to review the Asset Purchase
Agreement (“Agreement”) between Millenium and CTC and issue a Notice of Petition and Notice
of Modified Procedure establishing deadlines for public comments and the Company’s reply.
The Commission now opens Case No. CTL-T-23-03 for CTC, directs Staff to review
the Agreement between CTC and Millenium, provides this Notice of Petition, and establishes
comment deadlines for interested persons and the Company’s reply.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that Millenium represented it entered into an
Agreement on April 19, 2023, to acquire almost all the assets of CTC within Ada County. Petition
at 1. CTC is a telecommunications company providing basic local exchange telecommunication
services in Idaho under CPCN No. 348. Id; see also Order No. 28059. Millenium is a
telecommunications company operating under CPCN No. 494. Id.; see also Order No. 31027.
YOU ARE FURTHER NOTIFIED that Millenium represented it acquired
“telecommunications equipment and facilities, certain customer and vendor contracts and certain
1 CTC is the acronym used for CTC Telecom, Inc. in the Petition. The Commission uses CTL to identify CTC Telecom,
Inc. for purposes of its case management software. For purposes of this Order, we will use CTC.
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35852 2
other rights and agreements between [CTC] and third parties or government agencies” under the
Agreement. Petition at 1.
YOU ARE FURTHER NOTIFIED that Millenium stated it plans to offer local
exchange services in and around Ada County and represented its existing CPCN allows for the
provision of these services in the planned area. Id. at 2.
YOU ARE FURTHER NOTIFIED that the Petition is available for public inspection
during regular business hours at the Commission’s office. The Petition is also available on the
Commission’s website at www.puc.idaho.gov. Click on the “TELECOM” 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 61 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 it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201-204 of the Idaho
Public Utilities Commission’s Rules of Procedure, 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
Petition may file a written comment explaining why they support or oppose the Petition. Persons
who would like a hearing must specifically request a hearing in their written comments. Persons
shall have until July 27, 2023, to file written comments. 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 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 Commission Secretary
and 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:
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35852 3
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
August 4, 2023.
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 Petition be processed by Modified Procedure,
Rules 201-204. Persons interested in submitting written comments must do so by July 27, 2023.
The Company must file any reply comments by August 4, 2023.
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.
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For the Idaho PUC:
Commission Secretary
Idaho Public Utilities Commission
P.O. 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 Millenium:
Michelle Motzkus
104101 U.S. Highway 89
Freedom, WY 83120
mamotzkus@silverstar.net
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35852 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 12th day
of July 2023.
ERIC ANDERSON, PRESIDENT
JOHN R. HAMMOND JR., COMMISSIONER,
EDWARD LODGE, COMMISSIONER
ATTEST:
Jan Noriyuki
Commission Secretary
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