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:
I 133I W CHINDEN BLVD, BLDG 8, SUITE 2OI-A
BOISE, ID 83714
Attomey for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ZIPLY WIRELESS, 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
On August 23,2022,Z;ip|y Wireless, LLC, dlblaZiply Fiber ("Company")r applied for
designation as a competitive local exchange carrier ("CLEC") in ldaho, pursuant to IDAPA
31.01.01.1 14 and Commission Order No. 26665.
The Company anticipates it will begin constructionin2023 and plans to offer services
that are not subject to a tariff. These services will be fiber-fed fixed wireless
telecommunications services, including internet access, data transport, and voice-over [P services
I The assumed business name "Ziply Fiber" associated with Ziply Wireless, LLC is documented in ldaho Secretary
ofState File # 0004859680.
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CASE NO. ZWL-T-22-01
1STAFF COMMENTS NOVEMBER2I,2022
and will be available in cities such as Boise, Idaho Falls, Lewiston, Meridian, Nampa, Pocatello,
Rexburg, and Twin Falls. An example of the "terms and conditions of service" will be published
on the Company's website. Id. at3. Ziply Wireless 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 Wireless 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.; Attachmenf Question 7.
The Company represents it is affiliated with Ziply Fiber Northwest, LLC, and Ziply Fiber
of Idaho, 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, because it is a new company,
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 fulf,rlls the requirements of IDAPA
31.01.01.114andOrderNo.26665. StaffalsobelievesthattheCompanypossessestherequisite
financial, managerial, and technical qualifications necessary to operate as a provider of
telecommunications services in Idaho.
2STAFF COMMENTS NOVEMBER 2I ,2022
Therefore, Staff recommends approval of the Company's Application for authorization to
operate in the State of Idaho as a CLEC and a CPCN certificate be issued accordingly, subject to
the following conditions:
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.
JSTAFF COMMENTS NOVEMBERZI,2022
Respectfu lly submitted this zl Et
day ofNovember2M2.
Claire Sharp
Deputy Attonrey General
Technical Staff: Johan Kalala-Kasanda
i:umisc/comments/aylt22. lcsjk commenB
4STAFF COMMENTS NOVEMBERZI,2022
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 21't DAY OF NOVEMBER 2022,
SERVED TTIE FOREGOING COMMENTS OF THE COMLTSSION STAFF, IN
CASE NO. ZWL-T.Z}-OI, BY E-MAILING A COPY THEREOF, TO TTIE
FOLLOWING:
JESSICA EPLEY
ZIPLY WIRELESS LLC .
125 LAKE ST S STE I55
KIRKLAND WA 98033
E-MAIL: [e-mail]
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CERTIFICATE OF SERVICE