HomeMy WebLinkAbout20231004Final_Order_No_35945.pdfORDER NO. 35945 1
Office of the Secretary
Service Date
October 4, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
On June 20, 2023, Cebridge Telecom ID, LLC d/b/a Optimum f/k/a Suddenlink
Communications (“Company”) applied to the Idaho Public Utilities Commission (“Commission”)
seeking to relinquish its Eligible Telecommunications Carrier (“ETC”) designation.
On July 25, 2023, the Commission issued a Notice of Application and set public comment
and Company reply deadlines. Order No. 35857. Commission Staff (“Staff”) submitted the only
comments in this case.
With this Order, the Commission grants the Company’s request.
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 RDOF 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.
THE APPLICATION
The Company noted the FCC updated its qualifications for receipt of funding from the
RDOF. Following this update, the Company determined that its 19 census blocks in Idaho were
not eligible for RDOF funding and informed the FCC accordingly.
The Company cited 47 C.F.R. § 54.205 and stated that the FCC allows for ETC
relinquishment if the service area already has more than one ETC and the Commission is given at
least 30 days’ notice. See Idaho Code § 62-610D(4).
IN THE MATTER OF CEBRIDGE
TELECOM ID, LLC’S APPLICATION FOR
RELINQUISHMENT OF ELIGIBLE
TELECOMMUNICATIONS CARRIER
DESIGNATION
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CASE NO. SUD-T-23-01
ORDER NO. 35945
ORDER NO. 35945 2
The Company explained that Idaho residents in the corresponding census blocks will not
be harmed because the Company serves no customers in any of the 19 service areas—which are
already serviced by other ETCs. The Company requested that the Commission allow it to
relinquish its ETC status.
STAFF COMMENTS
Staff noted that the Company’s original reason for seeking ETC status has been negated.
Staff reviewed the Company’s submitted materials and believed that the Company has complied
with all federal and state requirements in relinquishing its ETC designation and recommended the
Commission grant the Company’s request.
COMMISSION FINDINGS AND DECISION
The Commission has authority to grant ETC designation to a telecommunications carrier
under federal and state law. 47 U.S.C. § 214(e); and Idaho Code §§ 62-610D, 62-615(1). The
Commission may also “permit an . . . [ETC] . . . to relinquish its designation as such a carrier in
any area served by more than one (1) . . . [ETC ,] . . .” provided such carrier provides appropriate
notice to the Commission. Idaho Code § 62-610D(4). Before the Commission permits an ETC to
cease providing universal service, the Commission requires a showing that all customers served
by the relinquishing carrier will continue to be served.
The Commission has reviewed and considered the record in this case, including the
Company’s Application and Staff’s Comments. The Commission finds that relinquishment of the
ETC is appropriate as the original purpose for the Company obtaining ETC status has been
negated. The Commission also finds that the Company properly notified the Commission of its
intent to relinquish its ETC designation. The Commission further finds that, because the Company
serves no customers in the designated areas (which are already served by other ETCs), the
Company has no remaining obligations.
ORDER
IT IS HEREBY ORDERED that the Company’s request to relinquish its designation as an
ETC in Idaho is granted.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order regarding any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. Idaho Code §§ 61-626 and 62-619.
ORDER NO. 35945 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 4th day of
October 2023.
__________________________________________
ERIC ANDERSON, PRESIDENT
__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER
__________________________________________
EDWARD LODGE, COMMISSIONER
ATTEST:
_________________________________
Jan Noriyuki
Commission Secretary
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