20221121Comments.pdf

CLAIRE SHARP
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
(208) 334-03s7
IDAHO BAR NO. 8026
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Street Address for Express Mail:
1 I331 W CHINDEN BLVD, BLDG 8, SUITE 2OI-A
BOISE, ID 83714
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ZIPLY FIBER PACIFIC,
LLC'S APPLICATION FOR COMPETITIVE
LOCAL EXCHANGE CARRIER (CLEC) IN THE
STATE OF IDAHO
COMMENTS OF THE
COMMISSION STAFF
Staff of the Idaho Public Utilities Commission ("Staff'), by and through its attorney of
record, Claire Sharp, Deputy Attorney General, and in response to the Notice of Application in
Order No. 35572 issued on October 31,2022, submits the following comments.
BACKGROUND
OnAugust 23,2022,2ip1y FiberPacific,LLC,d/b/aZiply Fiber("Company")r applied
for designation as a competitive local exchange carrier ("CLEC") in Idaho, pursuant to IDAPA
31.01.01.114 and Commission OrderNo. 26665.
The Company anticipates it will begin constructionin2023 and plans to provide fiber-
based telecommunications services, including internet access, data transport, and voice-over IP
services to residences and businesses in Boise, Idaho Falls, Lewiston, Meridian, Nampa,
I The assumed business name "Ziply Fibed' associated with Ziply Wireless, LLC is documented in Idaho Secretary
ofstate File # 0004859680.
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CASE NO. ZFP.T-Z2-OI
1STAFF COMMENTS NOVEMBER 2I ,2022
Pocatello, Rexburg, and Twin Falls. An example of the "terms and conditions of service" will be
published on the Company's website. Id. at3. The Company represents that it may expand its
service areas in the future. Id. at2-3.
STAFF ANALYSIS
The Company asserts that it is a Delaware limited liability company headquartered at 135
Lake Street South, Suite 155, Kirkland, Washington 98033. Ziply Fiber obtained a Certificate of
Authority to transact business in Idaho as a foreign corporation from the Idaho Secretary of State
on August 2,2022. Id.; Attachmerl Question 7.
The Company represents it is affiliated with Ziply Fiber Northwest, LLC, and Ziply Fiber
of ldaho, LLC, both Incumbent Local Exchange Carriers (ILEC) providing telecommunications
services in Idaho. Furthermore, the Company asserts that, even though it is a new entrant to the
Idaho telecommunications market, it is currently registered as a CLEC in Oregon and
Washington. Id at l.
The Company provided the names and addresses of its officers and owners, as well as
relevant corporate financial information. The Company states that it does not have balance
sheets of its own that establish that it possesses adequate financial resources to provide the
proposed services but has submitted the balance sheets of its parent company, Northwest Fiber.
Id. at3. The Company asserts that it has reviewed the Commission's applicable rules and agrees
to provide service following those rules.
STAFF RECOMMENDATION
Staff reviewed the Company's Application and believes the Company understands the
Commission's rules and requirements related to the provision of telecommunication services in
Idaho. Staff believes that the Company's Application fulfills the requirements of IDAPA
31.01.01.114 and OrderNo. 26665. Staff also believes that the Company possesses the requisite
financial, managerial, and technical qualifications necessary to operate as a provider of
telecommunications services in Idaho.
Therefore, Staff recommends approval of the Company's Application for authorization to
operate in the State of ldaho as a CLEC and a CPCN certihcate be issued accordingly, subject to
the following conditions:
2STAFF COMMENTS NOVEMBER 21 ,2022
1. The Company complies with number pooling and reporting requirements of the
North American Numbering Plan Administrator, as outlined in Commission Order
No.30425;
2. The Company provides necessary reports and contributions appropriate to the
Idaho Universal Service Fund, Idaho Telecommunications Relay Services, and
Idaho Telecommunications Service Assistance Program, and complies with all
future reporting requirements deemed appropriate by the Commission for
competitive telecommunications providers ;
3. Before issuance of the CPCN, the Company files a final price list outlining all its
rates, terms, and conditions with the Commission;
4. The Company provides three reports to the Commission indicating the number of
basic local exchange customers it has and the services being offered. These
reports will be due as follows:
a. March 20,2023
b. July 17,2023
c. November 20,2023
If the Company fails to provide the three reports, the Company shall relinquish its
CPCN and all telephone numbers it has been assigned or the Commission will by
its order revoke the Company's CPCN; and
5. If the Company is not providing basic local exchange service by the time the third
report is due, the Commission by its order will revoke the Company's CPCN.
Respecttully submitted this 2\5f aay of Nove mber 2022
ull
Claire Sharp
Deputy Attorney General
Technical Staff: Johan Kalala-Kasanda
i: umisc/commenlsl zfpA2. ksjk comments
JSTAFF COMMENTS NOVEMBERZI,2022
CERTIFICATE OF SERYICE
I HEREBY CERTIFY THAT I HAVE THIS 2I't DAY OF NOVEMBER 2022,
SERVED THE FOREGOING COMMEI{TS OF TIm COMI/ilSSION STAf,'F, IN
CASE NO. ZFP.T.Z2.OI, BY E.MAILING A COPY THEREOF, TO THE
FOLLOWING:
JESSICA EPLEY
ZIPLY FIBER PACIFIC LLC
I25 LAKE ST S STE I55
KIRKLAI{D WA 98033
E-MAIL: jessica.eplel,@ziply.com
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CERTIFICATE OF SERVICE