20231017Notice_of_Application_Order_No_35961.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35961 1
Office of the Secretary
Service Date
October 17, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF TEMPO
TELECOM’S APPLICATION FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER
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CASE NO. TEM-T-23-01

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35961

On August 7, 2023, Tempo Telecom, LLC (“Company” or “Tempo”) applied to the Idaho
Public Utilities Commission (“Commission”) for designation as an Eligible Telecommunications
Carrier (“ETC”) in the State of Idaho (“Application”). The Company seeks designation as an ETC
for the sole purpose of providing Lifeline services. The Company requests that it be allowed to
participate and receive reimbursement from the Idaho Telephone Service Assistance Program
accordingly (“ITSAP”).
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.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that according to the Company, Tempo is part of a
corporate structure consisting of several layers. Tempo is a wholly owned subsidiary of Lingo
Management, LLC (“Lingo”); B. Riley Principal Investments (“BRPI”) owns 100% of Lingo;
BRPI is owned by B. Riley Financial, Inc.—a publicly traded company.
YOU ARE FURTHER NOTIFIED that the Company requests a limited designation to be
authorized to provide Lifeline service to qualifying Idaho consumers—including those on federally
recognized Tribal lands.
YOU ARE FURTHER NOTIFIED that the Company requests that its designation as an
ETC include the authority to participate in, and receive reimbursement from, the ITSAP. The
Company states that it was not eligible to receive funds from the Universal Service Fund and does
not seek such designation.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35961 2
YOU ARE FURTHER NOTIFIED that the Company states that the Commission has
jurisdiction over this matter and that Tempo is a common carrier with the ability to provide the
telecom services listed in its Application.
YOU ARE FURTHER NOTIFIED that the Company asserts that it meets all federal and
state requirements for designation as an ETC. The Company also argues that designating the
Company as an ETC is in the public interest.
YOU ARE FURTHER NOTIFIED that the Company asserts that, if approved, it will offer
telecom services (from calling and text messaging to broadband access) in a cost-effective
manner—thereby increasing competition and customer service options within an underserved area.
YOU ARE FURTHER NOTIFIED that the Application and supplemental materials are
available for public inspection during regular business hours at the Commission’s office. The
Application and supplemental materials are 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

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35961 3
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
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:

Lance Steinhart
1725 Windward Concourse, Suite 150
Alpharetta, GA 30005
[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. 35961 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 17th day of
October 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER
ATTEST:

____________________________________
Jan Noriyuki
Commission Secretary

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