20230530Order_No_35794.pdf

ORDER NO. 35794 1
Office of the Secretary
Service Date
May 30, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF FREDRIC QUINTO’S
FORMAL COMPLAINT AGAINST ZIPLY
FIBER NORTHWEST, LLC
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CASE NO. VZN-T-23-01

ORDER NO. 35794

On March 8, 2023, Fredric Quinto (“Petitioner”) filed a formal complaint (“Complaint”)
with the Idaho Public Utilities Commission (“Commission”). The Petitioner alleges that Ziply
Fiber Northwest, LLC (“Company”), a Commission-regulated telecommunication service
provider, violated Telephone Customer Relations Rule 500, IDAPA 31.41.01.500, related to the
quality of service required by a telephone company. Specifically, the Petitioner alleges that his
telephone service regularly fails to the point that the Petitioner cannot make calls and that the
Company provides only temporary remedies opposed to permanent fixes. The Petitioner requests
that the Commission issue an order installing a permanent line to his residence.
On March 28, 2023, the Commission issued a Summons to the Company; this Summons
was reissued on April 3, 2023, due to an error in service. On April 20, 2023, the Company filed an
answer (“Answer”) to the Commission’s Summons.1
On May 4, 2023, the Petitioner emailed the Commission regarding the Answer; this
correspondence included photos the Petitioner stated were related to this case as found in
Attachment 1. Petitioner submitted several additional items of correspondence to the Commission
Secretary, which have been added to the record.
Having reviewed the record and all submitted materials, the Commission orders the
Company to service the Petitioner’s line as described below.
THE COMPLAINT
The Petitioner argued that the Company failed to adequately make permanent repairs to the
infrastructure related to his telephone line. The Petitioner stated the Company would only make
temporary repairs that were susceptible to outages in inclement weather. The Petitioner cited his
age and the inability to rely on being able to make emergency calls as reasons the Company needed
to permanently fix his service. The Petitioner stated the Company has the necessary access to his

1 Due to a filing error, the Company’s April 20, 2023, Answer was not uploaded to the Commission Homepage until
May 2, 2023.
ORDER NO. 35794 2
property sufficient to enable them to complete a permanent fix. The Petitioner stated: “[a]ll I want
is a permanent line to my residence which is very easy to install I feel the [Commission] should
and could make that happen for a citizen. I believe that is their job.” Complaint at 3.
THE COMPANY’S ANSWER
The Company stated that the property had been serviced and the problem had been
resolved. The Company stated that “the drop wire to the [Standard Network Interface] on the
residence is buried, which reduces the likelihood of damage from the elements or human/animal
activity. These are permanent facilities improvements paid for by Ziply Fiber.” Answer at 1. The
Company stated it had fixed the equipment outside of the Petitioner’s home and that any further
issues with the Petitioner’s service were due to wiring inside the Petitioner’s home. The Company
stated that inside wiring is the responsibility of the customer, not the Company, to maintain and
repair as needed.
CORRESPONDANCE
The Petitioner sent correspondence to the Commission where he stated the Company had
not buried the line. The Petitioner stated that the line was simply placed on top of the ground
between two fences where the line was exposed to animals and the elements. See Attachment 1.
The Petitioner argued that this is not a permanent fix. The Petitioner provided photos that he stated
were of the line in question. The Petitioner also expressed displeasure at how the Commission and
its Staff were handling this case. The Petitioner stated that there have never been any issues with
the hardware/wiring within his home. The Petitioner requested the Commission issue a fine against
the Company and potentially award the fine to the Petitioner.
COMMISSION DECISION AND FINDINGS
The Commission has jurisdiction in this matter pursuant to Title 61 and Title 62 of the
Idaho Code. Accordingly, the Commission may enter any Final Order consistent with its authority
under Title 61, Title 62, and the Commission’s Rules of Procedure. See IDAPA 31.01.01.
The Commission has reviewed the materials submitted in this matter, including the requests
made in the Petitioner’s correspondence as found in the record. The Commission notes Petitioner’s
March 8, 2023, Formal Complaint where the Petitioner stated: “All I want is a permanent line to
my residence. . . .” Complaint at 3. The Petitioner then requested that the Commission grant this
request. The Company stated, “that permanent repairs have been made to the pedestal serving Mr.
ORDER NO. 35794 3
Quinto’s residence, and the drop wire to the [Standard Network Interface] on the residence is
buried.” Answer at 1.
Despite the claims made by the Company, the Petitioner presented photographs, which
were uploaded to the Commission Homepage on May 4, 2023,2 that show notable portions of a
line that is not buried. The Company stated that the line was buried but the photos contradict this
representation. Due to these photographs, the Commission orders the Company to fulfill the
Petitioner’s request and bury the line in question. The Company’s Answer noted that the Company
did not have a default obligation to repair Customer Premises Inside Wire (“CPIW”). This Order
does not change the Company’s obligations in relation to CPIW. The Commission directs the
Company to provide the Commission with verification that the Company has made the necessary
repairs described above within 14 days of the issuance of this Order. The Commission declines the
Petitioner’s request to impose a fine on the Company.
O R D E R
IT IS HEREBY ORDERED that the Company bury the line discussed in this Order. The
Company must submit evidence of these repairs to the Commission within 14 days of the issuance
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.

2 The photographs in question were part of an email that Petitioner sent to the Commission Secretary on May 3, 2023.
ORDER NO. 35794 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 30th day of
May 2023.

_________________________________________
ERIC ANDERSON, PRESIDENT

_________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

______________________________
Jan Noriyuki
Commission Secretary

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ATTACMENT 1
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