20221208Final_Order_No_35618.pdf

ORDER NO. 35618 1

Office of the Secretary
Service Date
December 8, 2022

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On August 23, 2022, Ziply Fiber Pacific, LLC, d/b/a Ziply Fiber (“Company”)1 applied for
designation as a competitive local exchange carrier (“CLEC”) in Idaho. Application at 1. The
Company plans to provide fiber-based telecommunications services, including internet access,
data transport, and voice over IP services in several Idaho cities. Id. at 2-3.
On October 31, 2022, the Commission issued a Notice of Application and Notice of
Modified Procedure, setting public comment and Company reply deadlines. Order No. 35572.
Commission Staff filed the only comments to which the Company did not reply.
With this Order, we approve the Company’s Application and grant it designation as a
CLEC in Idaho.
APPLICATION
The Company plans to provide fiber-based telecommunications services—internet access,
data transport, and voice over IP—over its owned facilities in the following areas: Boise, Idaho
Falls, Lewiston, Meridian, Nampa, Pocatello, Rexburg, and Twin Falls. Id. The Company
anticipates it will begin construction in 2023 and states it may expand its service areas in the future.
Id.
The Company asserts that while it is a new entrant to the Idaho telecommunications market,
the Company is a registered CLEC in Oregon and Washington, and the Company is affiliated with
Ziply Fiber Northwest, LLC, and Ziply Fiber of Idaho, LLC, both Incumbent Local Exchange
Carriers which provide telecommunications services in Idaho. Id.
STAFF COMMENTS
Staff reviewed and analyzed the Company’s Application and supplemental filings for
compliance with IDAPA 31.01.01.114 and Order No. 26665.

1 The Company is a Delaware registered LLC, and provided a Foreign Registration Statement with the Idaho Secretary
of State with its Application. The Company’s assumed business name “Ziply Fiber” is associated with Ziply Wireless,
LLC, as documented in Idaho Secretary of State File # 0004859680.
IN THE MATTER OF ZIPLY FIBER
PACIFIC, LLC’S APPLICATION FOR
COMPETITIVE LOCAL EXCHANGE
CARRIER (CLEC) IN THE STATE OF
IDAHO
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CASE NO. ZFP-T-22-01

ORDER NO. 35618
ORDER NO. 35618 2

Staff believed the Company understands the Commission’s rules and requirements related
to the provision of telecommunication services in Idaho. Staff also believed that the Company
possesses the requisite financial, managerial, and technical qualifications necessary to operate as
a provider of telecommunications services in Idaho.
Staff recommended approval of the Company’s Application for authorization to operate in
the State of Idaho as a CLEC, and recommends that a certificate of public convenience and
necessity (“CPCN”) should be issued, subject to the following conditions: (1) the Company
complies with the number pooling and reporting requirements of the North American Numbering
Plan Administrator, as set forth in Commission Order No. 30425; (2) the Company’s agreement
to provide necessary reports and contributions as appropriate to the Idaho Universal Service Fund,
Idaho Telecommunications Relay Services, the Idaho Telecommunications Service Assistance
Program, and comply with all future reporting requirements deemed appropriate by the
Commission for competitive telecommunications providers; (3) the Company files a final price
list outlining all its rates, terms, and conditions with the Commission before issuance of the CPCN;
and (4) the Company provides three reports to the Commission with the number of basic local
exchange customers and the services being offered on the following dates of March 20, 2023; July
17, 2023; and November 20, 2023. Staff further recommended the Commission revoke the
Company’s CPCN if the Company fails to provide the three reports or if the Company is not
providing basic local exchange services by November 20, 2023.
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over this matter under Idaho Code § 62-615 (the
Commission’s authority to implement the Telecommunications Act of 1996) and Idaho Code §
62-605(5)(b) (the Commission’s continuing, noneconomic authority over Title 62 telephone
corporations); see also 47 U.S.C. 252(e)(1).
Based on our review of the record in this case, including the comments of Staff, the
Commission finds it fair, just, and reasonable to grant the Company’s Application for designation
as a CLEC in Idaho. The Company has provided all necessary information in its Application and
has the financial, managerial, and technical qualifications needed to provide fiber-based
telecommunications services in Boise, Idaho Falls, Lewiston, Meridian, Nampa, Pocatello,
Rexburg, and Twin Falls. The Company has also reviewed and agreed to comply with Commission
rules.
ORDER NO. 35618 3

The Company’s Application for designation as a CLEC is approved, subject to these
conditions:
(1) The Company must comply with the number pooling and reporting
requirements of the North American Numbering Plan Administrator, as set forth in
Commission Order No. 30425;

(2) The Company must provide necessary reports and contributions as
appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay
Services, the Idaho Telecommunications Service Assistance Program, and comply
with all future reporting requirements deemed appropriate by the Commission for
competitive telecommunications providers;

(3) The Company must file a final price list outlining all its rates, terms, and
conditions with the Commission before issuance of the CPCN;

(4) The Company must provide three reports to the Commission with the
number of basic local exchange customers and the services being offered on the
following dates:

a. March 20, 2023;
b. July 17, 2023;
c. November 20, 2023; and

(5) If the Company fails to provide the three reports or if the Company is not
providing basic local exchange services by November 20, 2023, the Commission
will revoke the Company’s CPCN.
sasD
The Company must meet the foregoing conditions or its CPCN may be revoked at a future
proceeding.
O R D E R
IT IS HEREBY ORDERED that the Company’s Application for Designation as a CLEC
is approved, subject to the conditions described in this Order.
IT IS FURTHER ORDERED that the Company’s Application for a CPCN is granted
subject to the conditions outlined above.
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. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. Idaho Code § 61-626.
ORDER NO. 35618 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 8th day of
December 2022.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN CHATBURN, COMMISSIONER

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

___________________________________
Jan Noriyuki
Commission Secretary

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