20230815Comments of the Commission Staff.pdf

MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,IDAHO 83720-0074
[phone]
IDAHO BAR NO.11714
Street Address for Express Mail:
11331 W CHINDEN BLVD,BLDG 8,SUITE 201-A
BOISE,ID 83714
Attorneyfor the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CEBRIDGE TELECOM )ID,LLC'S APPLICATION FOR )CASE NOS.SUD-T-23-01RELINQUISHMENTOFELIGIBLE)TELECOMMUNICATIONS CARRIER )DESIGNATION )COMMENTS OF THE
)COMMISSION STAFF
COMMISSION STAFF ("STAFF")OF the Idaho Public Utilities Commission
("Commission"),by and through its Attorneyof record,Michael Duval,Deputy Attorney
General,submits the followingcomments.
BACKGROUND
On June 20,2023,Cebridge Telecom ID,LLC d/b/a Optimum f/k/a Suddenlink
Communications ("Company")filed an Application ("Application")with the Commission
expressing its intent to relinquish its Eligible Telecommunications Carrier ("ETC")designation
status.The Company was awarded this ETC status on May 7,2021,in Commission Order No.
35038 of Case No.SUD-T-21-01.In this case,the Company stated that it needed the ETC
designation status so that it can receive fundingit was provisionallyawarded under the Federal
Communications Commission ("FCC")Rural Digital OpportunityFund ("RDOF")Auction.
STAFF COMMENTS 1 AUGUST 15,2023
The Company is an indirect subsidiary of Altice USA,Inc.Altice USA,Inc.was among the
winning bidders in the Rural Digital OpportunityFund ("RDOF")Auction 904,and Altice USA,
Inc.assigned its winning bids in Idaho to Suddenlink on December 22,2020.
THE APPLICATION
The Company stated that on February 7,2020,the Federal Communications Commission
("FCC")created a Rural Digital OpportunityFund ("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.Application at
1.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.
The Company noted that the FCC updated its qualifications for receipt of fundingfor
providingbroadbandservices.In the July 2021 correspondence,FCC Staff requested that
winning bidders review the census blocks they were awarded and consider withdrawingtheir
bids to the extent the census blocks were served or lacked serviceable households.In response to
this request,the Company performed its own review and/or walkout of all nineteen awarded
census blocks in Idaho,which was the entirety of its awarded bid in the state and determined that
they were all already served or lacked serviceable households.Following this update,the
Company determined that its 19 census blocks within the State of Idaho were not eligible for
FCC fundingand informed the FCC accordingly.Id at 2.
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.See Idaho
Code §62-610D(4).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.Id at 3.
STAFF COMMENTS 2 AUGUST 15,2023
STAFF ANALYSIS
Staff reviewed the Company's Application and examined the Company's fulfillment of
requirements under the Federal Telecommunications At't of 1996,the FCC's regulations,and
the RDOF requirements.Staff concluded that the Company has fulfilled the statutory
requirements for relinquishment of its ETC designation in Idaho.
The Company represents that the reason for its notice of intent to relinquish its ETC
status in the State of Idaho is that it will no longer receive RDOF support in the aforementioned
nineteen Idaho census blocks and will therefore not be providing any federally supported
services in Idaho.Thus,the original purpose for which the Company sought an ETC
designation from the Commission has changed,and the ETC designationis no longer necessary.
The Commission "shall permit an eligible telecommunications carrier to relinquish its
designation as such a carrier in any area served by more than one eligible telecommunications
carrier."Idaho Code §62-610D(4).The FCC designated the Company as a winningbidder of
$10,556.00 in nineteencensus blocks in Idaho,which are located within the certificated
territories of the Blackfoot TelephoneCooperative ("Blackfoot")as well as the territories of
certain affiliates of Frontier Communications Corp.("Frontier")and Lumen Technologies,Inc.
f/k/a CenturyLink("CenturyLink").I Therefore,the Company does fulfill this requirement.
The Commission is also required to ensure that customers of the withdrawingcompany
will continue to be served by another ETC provider.The Company represents that it has no
customers that require Commission assurance of continued service.As a result,there will be no
impact on any Idaho residents associated with the relinquishment of the Company's ETC
designation.Staff did find this to be correct and supports the Company's requests that the
Commission issue an order acknowledging that it has been properly relinquished and is relieved
of its designation as an ETC.
STAFF RECOMMENDATION
Staff examined the Company's Application and recommends the Commission issue an
order finding that the Company satisfied the statutory conditions for the relinquishment of its
ETC designation status in Idaho.
'See IDAHO PUB.UTILS.COMM'N,Idaho Telephone Exchanges and Company Areas,available at:
https://puc.idaho.gov/FileRoom/PublicFiles/maps/exchanges.pdf
STAFF COMMENTS 3 AUGUST 15,2023
Respectfullysubmitted this 15th day of August 2023.
Michael Duval
Deputy AttorneyGeneral
Technical Staff:Johan Kalala-Kasanda
i:umisc/comments/sudt23.1mdjk comments
STAFF COMMENTS 4 AUGUST 15,2023
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 15TH DAY OF AUGUST 2023,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF TO
SUDDENLINK COMMUNICATIONS,IN CASE NO.SUD-T-23-01,BY EMAILING A
COPY THEREOF,TO THE FOLLOWING:
KC HALM
JOHN C NELSON JR
DAVIS WRIGHT TREMIANE
1301 K ST NW
WASHINGTON DC 20006
E-MAIL:[e-mail]
[e-mail]
SECRETARY
CERTIFICATE OF SERVICE