20210318Comments.pdf

MATT HUNTER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 10655
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Street Address for Express Mail:
I 133I W CHINDEN BLVD, BLDG 8, SUITE 2OI-A
BOISE,ID 837I4
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CEBRIDGE TELECOM
ID, LLC DBA SUDDENLINK
COMMUNICATIONS' APPLICATION FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER
CASE NO. SUD.T.21.O1
COMMENTS OF THE
COMMISSION STAFB
STAFF OF the Idaho Public Utilities Commission, by and through its Attorney of
record, Matt Hunter, Deputy Attorney General, submits the following comments.
BACKGROUND
On January 6,2021, Cebridge Telecom ID, LLC dba Suddenlink Communications
("Suddenlink or the 'oCompany") applied for an order designating it as an Eligible
Telecommunications Carrier ("ETC") in Idaho. The Company needs ETC designation so that it can
receive funding it was provisionally awarded under the Federal Communications Commission
("FCC") Rural Digital Opportunity Fund ("RDOF") Auction.
Suddenlink is an indirect subsidiary of Altice USA, Inc. Altice USA, Inc. was among the
winning bidders in the recent RDOFC Auction 904, and Altice USA, Inc. assigned its winning bids
in Idaho to Suddenlink on December 22,2020.
STAFF COMMENTS MARCH I8,2O2I
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THE APPLICATION
Suddenlink is a Delaware limited liability company with its principal place of business at
One Court Square, Long Island City, New York, 11101. Application at 2. Suddenlink is
authorized to do business in Idaho. See Id., Exhibit C. "suddenlink is a communication and
media company that provides broadband internet, video and digital phone service to numerous
communities across Idaho". Application at 2.
The Company states it qualifies for ETC designation under the federal
Telecommunications Act of 1996 (47 U.S.C. $ 2la(e)). Id. Specifically, the Company asserts it
satisfies the requirements for designation as an ETC in that it: is a common carrier; commits to
provide services supported by federal universal support mechanisms; will advertise the
availability of supported services; will make available Lifeline service; has a reasonable amount
of back-up power and can reroute traffic and manage traffic spikes; commits to comply with all
applicable Commission and FCC rules concerning consumer protection and service quality; is
financially viable and capable of providing the services described in its Application; has the
technical and managerial qualifications to provide supported services in Idaho; would serve the
public's interest if the Company were designated an ETC; and will notifu the Tribal Authorities
located in the Idaho census blocks affected. Id. at 4-10.
STAFF ANALYSIS
Staff has reviewed Suddenlink's Application and has conducted an analysis of the
Company's fulfillment of the federal Telecommunications Act of 1996,the FCC's regulations,
the RDOF requirements, and Commission Order No. 29841. In addition, Staff has analyzed the
public interest considerations of awarding the Company ETC designation. Specific state and
federal requirements for ETC designation are discussed in more detail below.
Public Interest Analysis
Staff typically applies a two-prong test when analyzing whether a company's ETC
application is in the public interest. First, Staff verifies that the Company will contribute to the
appropriate Idaho funds. Second, Staff analyzes whether the Company's Application raises
"cream skimming" concerns.
STAFF COMMENTS MARCH I8,2O2I2
In its Application, Suddenlink confirms that upon designation as an ETC in Idaho, the
Company would participate in the appropriate Idaho programs, comply with the Commission's
annual reporting requirements, and otherwise comply with Order No. 29841. Application
at 9. The Company requests ETC designation for entire census blocks in areas that are wholly
unserved by 2513 Mbps broadband; therefore, no cream skimming analysis is required. See Id.
at 8, Exhibit A. Thus, Staff believes Suddenlink's Application satisfies the public interest
considerations.
Network Improvement Plan
The Commission requires all ETCs receiving high-cost support to provide a two-year
network improvement and progress report. See OrderNo. 29841 at 18. However, the FCC
waived the requirement for a winning bidder to file a five-year plan as part of the FCC ETC
designation process. WCB Reminds Connect Am. Fund Phase II Auction Applicants of the
Process for Obtaining A Fed. Designation as an Eligible Telecommunications Catier, 33 F.C.C.
Rcd. 6696 (201S). The FCC removed this requirement because it "adopted more specific
measures to track deployment, including annual reporting of service to geocoded locations and
certif,rcation of compliance with benchmark milestones." 1d
The Company did not provide a two-year network improvement and progress report as
part of its Application and does not address this requirement. However, Suddenlink does note
that "the FCC has waived the requirement for a winning bidder to file a five-year plan."
Application, n.4. Staff believes a waiver to the Commission's two-year plan requirement is
appropriate because of the FCC's heightened oversight of RDOF Action winners.
Ability to Remain Functional in Emergencies
The Company states that it has a "reasonable amount of back-up power to ensure
functionality of voice services without a commercial power source, is able to reroute traffic
around damaged facilities, and is capable of managing traffic spikes resulting from emergency
situations...." Application at 8. Suddenlink asserts that o'as a general matter, the Company
considers redundancy in the design of its networks. ..can deploy backup power solutions' ..[and]
maintains a fully functional Network Operations Center." Application at 8-9. Staff agrees
Suddenlink satisfies this requirement.
STAFF COMMENTS MARCH I8,2O2IJ
Other ETC Designation Requirements
Additional requirements for ETC designation are detailed in Appendix I of Order No.
29841and are discussed in more detail below.
1. Common Carrier Status. Suddenlink is a common carrier as defined in U.S.C.
Title 47. Id. at 5-6.
2. Provide Universal Services. Suddenlink will provide all required services and
functionalities as set forth in Section 54.101(a) of the FCC's Rules (47 C.F.R. $ 5a.101(a). Id.
at 6.
3. Advertisine. Suddenlink will advertise the availability and rates for its services
described in the Application through media of general distribution as required by 47 U.S.C. $
21a(e)(1XB). Id. at7.
4.A Commitment to Protection and Service. Suddenlink commits to
satisfuing all such applicable state and federal requirements related to consumer protection and
service quality standards. Id. at9.
5. Description of the Local Usage Plan. Suddenlink's offer of "voice grade access to
the public switched network shall include minutes of use for local service at no additional charge
to end users." Id. at 6.
STAFF RECOMMENDATIONS
Based on its review of the Company's Application, Staff believes the Application
demonstrates the Company's commitment to fulfill the obligations of an ETC in Idaho. The
Company will provide all universal services supported by the federal USF throughout its service
territory; it has addressed all the public interest questions that accompany an ETC application;
and it will provide a local usage plan. Thus, Staff believes Suddenlink's Application for
designation as an ETC is in the public interest and should be approved.
Respecttully submitted this t g4 day of Mar ch202l.
Matt Hunter
Deputy Attorney General
Technical Staff: Daniel Klein
STAFF COMMENTS MARCH I8,2O2I4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 18TH DAY OF MARCH 2021,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. SUD-T-zI-OI, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
PETER RICHARDSON
RICHARD ADAMS
515 N 27TH ST
BOISE TD 83702
E-MAIL : [e-mail]
KC HALM
MIKE SLOAN
KATORI COPELAND
DAVIS WRIGHT TREMIANE LLP
I3OI K ST NW
WASHINGTON DC 20006
E-MAIL: [e-mail]
[e-mail]
katoricopeland @dwt.com
CHRIS ORTIZ
BRAD AYERS
ALTICE USA, INC.
E-MAIL: [e-mail]
[e-mail]
SECRETARY
CERTIFICATE OF SERVICE