Loading...
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. ) ) ) ) ) ) ) ) ) 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. /// 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 I:\Legal\TELECOM\MNLT2301_CTLT2303_Ntc_Ptn_Mod_cs.docx