20221031Notice_of_Application_Order_No_35573.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35573 1

Office of the Secretary
Service Date
October 31, 2022

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On August 23, 2022, Ziply Wireless, 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 public telecommunications services—both voice and data—to residents
and businesses. Id. The Company does not have balance sheets to provide, and instead attached
the balance sheets of its parent company, Northwest Fiber, LLC. Id. at 3. The Company plans to
offer services that are not subject to tariff in Idaho, including IP-based services, internet access,
data transport, and voice-over-IP. The Company included an example “terms and conditions of
services” that will be published on its website. Id.
The Commission now issues a Notice of Application and Notice of Modified Procedure,
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 the Company asserts it is a Delaware limited liability
company authorized to do business in Idaho. The Company also represents that it is a wholly
owned subsidiary of Northwest Fiber, LLC. Id. at 2.
YOU ARE FURTHER NOTIFIED that the Company plans to begin construction in 2023,
and then provide voice and data telecommunications services over its own facilities to residents
and businesses in Boise, Idaho Falls, Lewiston, Meridian, Nampa, Pocatello, Rexburg, and Twin
Falls. Id. at 2-3.

1 The assumed business name “Ziply Fiber” associated with Ziply Wireless, LLC is documented in Idaho Secretary
of State File # 0004859268.
IN THE MATTER OF ZIPLY WIRELESS,
LLC’S APPLICATION FOR COMPETITIVE
LOCAL EXCHANGE CARRIER (CLEC) IN
THE STATE OF IDAHO.
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CASE NO. ZWL-T-22-01

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35573
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35573 2

YOU ARE FURTHER NOTIFIED that 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. Id. at 1. The Company represents it is affiliated with Ziply Fiber Northwest LLC, and
Ziply Fiber of Idaho, LLC, both which provide telecommunications services in Idaho. Id.
YOU ARE FURTHER NOTIFIED that the Application and its Supplements are available
for public inspection during regular business hours at the Commission’s office. These documents
are also available on the Commission’s website at www.puc.idaho.gov. Click on the “TELECOM”
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 Titles 61 and 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 will proceed under Modified Procedure
pursuant to Rules 201 through 204 of the Idaho Public Utilities 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 twenty-one (21)
days of the service date of this Order. Comments must be filed through the Commission website
or by e-mail unless computer access is unavailable. To comment electronically, please access the
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 the Company at these addresses:

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35573 3

For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, Idaho 83714

For the Company:

Jessica Epley
VP-Regulatory & External Affairs
135 Lake Street South, Suite 155
Kirkland, WA 98033
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within
twenty-eight (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 Company’s Application be processed by Modified
Procedure, Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so within twenty-one (21) days of the service date of this Order. The Company
must file any reply comments within twenty-eight (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. 35573 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 31st day of
October 2022.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN CHATBURN, COMMISSIONER

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

___________________________________
Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\ZWL-T-22-01\ZWLT2201_ntc app mod_cs.docx