20181214Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:SEAN COSTELLO
DEPUTY ATTORNEY GENERAL
DATE: DECEMBER 12,2018
SUBJECT: APPLICATION OF NEWMAX, LLC, DBA INTERMAX NETWORKS, AS
AN ELIGIBLE TELECOMMUNICATIONS CARRIER: CASE NO. NEW.
T-18-01
On November 5, 2018, Newmax, LLC dba Intermax Networks (Intermax or the
Company) pursuant to 47 U.S.C. $ 2la(e)(2), 47 C.F.R. $$ 54.201 , et seq.,ldaho PUC Order No.
29841, and IDAPA 31.46.01 et seq., applied to the Commission for an Order designating it as an
eligible telecommunications carrier (ETC) in certain Idaho census blocks, in order to receive
support it was provisionally awarded under the Federal Communications Commission (FCC)
Connect America Fund Phase II Auction (CAF II Auction).1
THE APPLICATION
Intermax states that it is a facilities-based, locally-owned, independent internet, voice,
data, and IT Managed Services provider. Application at 3. The Company states that it provides
a variety of "fixed terrestrial broadband services, including fiber, cable Internet, and fixed point
to multi-point wireless broadband services," as well as Voice over Internet Protocol ("VolP")
technology. /d.
Intermax participated in, and was provisionally selected as, a recipient of funds from
the CAF II Auction contingent upon it demonstrating that it meets the FCC's technical and
financial qualifications, including obtaining ETC designation in Idaho. Id. at 2. Intermax states
that it must obtain designation as an Idaho ETC in specific eligible Census Block Groups by
February 25,2019, as set forth in Exhibit A to the Company's Application.
I The Company filed a Supplemental Statement on Local Usage Plans with the Commission on December 3,2018.
IDECISION MEMORANDUM
The Company claims that it satisfies all FCC and Commission rules and requirements
for ETC designation. In sum, and as evidenced by its application, Intermax claims that it: (1) is
a common carrier that will offer high-speed Internet access service and unlimited VolP under
local usage plans comparable to those offered by incumbent local exchange carriers; (2) is
capable of providing continuous universal services outlined in 47 C.F.R.$ 54.101(a); (3) will
advertise the availability of its universal service offering through media of general distribution;
(4) will notify and engage Tribal governments according to 47 C.F.R. $ 54.1004; (5) has
demonstrated that ETC designation is consistent with the public interest, convenience, and
necessity; (6) is committed to providing supported service based on the criteria set forth in Order
No. 29841; (7) has a reasonable amount of back-up power to operate without an external power
source (with the ability to re-route traffic around damaged facilities or in emergency situation);
and (8) will comply with annual reporting requirements set forth in Order No. 29841 . Id. at 5
and the Supplemental Statement on Local Usage Plans, filed on December 3,2018.
Finally, Intermax certifies that "all federal high-cost support provided to [it] for
service areas in Idaho will be used for the provision, maintenance, and upgrading of facilities and
services for which the support was intended, consistent with Section 47 U.S.C. $ 254(c)."
Application at 9.
STAFF RECOMMENDATION
Staff recommends that the Commission process Intermax's Application under
Modified Procedure with a 2l-day comment period.
COMMISSION DECISION
Does the Commission wish to process Intermax's Application under Modified
Procedure with a 2l-day comment period?
Sean Costello
Deputy Attomey General
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2DECISION MEMORANDUM
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