20230725Notice_of_Application_Order_No_35857.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35857 1
Office of the Secretary
Service Date
July 25, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF CEBRIDGE
TELECOM ID, LLC’S APPLICATION
FOR RELINQUISHMENT OF ELIGIBLE
TELECOMMUNICATIONS CARRIER
DESIGNATION
)
)
)
)
)
)
)
)
)
CASE NO. SUD-T-23-01

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35857

On June 20, 2023, Cebridge Telecom ID, LLC d/b/a Optimum f/k/a Suddenlink
Communications (“Company”) filed an Application (“Application”) with the Idaho Public Utilities
Commission (“Commission”) seeking to relinquish its Eligible Telecommunications Carrier
(“ETC”) designation.
The Commission now issues a Notice of Application and sets deadlines for interested
persons to comment on the Application, and for the Company to reply.
BACKGROUND
The Company stated that on February 7, 2020, the Federal Communications Commission
(“FCC”) created a Rural Digital Opportunity Fund (“RDOF”) of $20.4 billion. Service providers
could compete for funds from the RDOF to provide voice and broadband services to unserved
locations where providing service would be expensive. The Company explained that on December
7, 2020, it was informed by the FCC that it had been awarded $10,556.00 to offer broadband
service within its 19 proposed census blocks within the State of Idaho.
The Company noted that the FCC required applicants for FCC funding to be designated as
an ETC by the states within their census blocks. The Company was accordingly granted ETC status
within the State of Idaho relative to its census blocks in Case No. SUD-T-21-01.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED the Company noted that the FCC updated its
qualifications for receipt of funding for providing broadband services. Following this update, the
Company determined that its 19 census blocks within the State of Idaho were not eligible for FCC
funding and informed the FCC accordingly.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35857 2
YOU ARE FURTHER NOTIFIED citing 47 C.F.R. § 54.205, the Company stated that the
FCC allows for ETC relinquishment if the service area “is served by more than one ETC” and the
Commission is given at least 30 days’ notice. Application at 3. See Idaho Code § 62-610D(4).
YOU ARE FURTHER NOTIFIED the Company explained that Idaho residents in the
census blocks will not be harmed because the Company does not have any customers in any of the
19 service areas—which are already serviced by other ETCs. The Company requested that the
Commission allow the Company to relinquish its ETC status.
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 website at www.puc.idaho.gov. Click on the “TELEPHONE” 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 62 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 that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the 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
comments. Persons interested in filing written comments must do so within 21 days of the
service date of this Order. 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

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35857 3
addresses listed below. If computer access is unavailable, then comments may be mailed to the
Commission and Company at these addresses:
For the Idaho PUC:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074

Street Address for Express Mail:

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

For the Company:

K.C. Halm
John C. Nelson, Jr.
Davis Wright Tremaine LLP
1301 K Street, N.W.
Suite 500 East
Washington, D.C. 20005
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within 28 days of the service date of 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.
O R D E R
IT IS HEREBY ORDERED that the Application be processed by Modified Procedure.
Persons interested in submitting written comments must do so within 21 days of the service date
of this Order. The Company must file any reply comments within 28 days of the service date of
this Order.
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.
///

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35857 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 25th day of
July, 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

____________________________________
Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\SUD-T-23-01\SUDT2301_Ntc_App_Mod_md.docx