HomeMy WebLinkAbout20240329Application.pdf RECEIVED
Friday,March 29,2024 4:37 PM
IDAHO PUBLIC
\ UTILITIES COMMISSION
WILKINSON ) BARKER I KNAUER LLP
/ 1800 M STREET, NW
SUITE 80ON
WASHINGTON, DC 20036
TEL 202.783.4141
WWW.W BK LAW.COM
March 29, 2024
CASE NO. FYB-T-24-01
Via Electronic Filing
Ms. Jan Noriyuki, Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Building 8, Suite 201-A
Boise, ID 83714
Re: Fybercom LLC dba Fybercom, State of Idaho Application for a Certificate
of Public Convenience and Necessity to Provide Non-Facilities Based
Resold Local Exchange Telecommunications Service;
Case No.
Dear Ms. Noriyuki:
Fybercom LLC dba Fybercom, State of Idaho ("Fybercom" or"Applicant") hereby files
its application for a Certificate of Public Convenience and Necessity to provide non-facilities
based resold local exchange telecommunications services within the State of Idaho
("Application"). Enclosed for filing please find one copy of the Application.
FYBERCOM HAS ENCLOSED ONE COPY OF ITS FINANCIAL STATEMENTS IN
A SEPARATE ATTACHMENT WITH EACH PAGE MARKED "CONFIDENTIAL,"AND
RESPECTFULLY REQUESTS CONFIDENTIAL TREATMENT OF THE ENCLOSED
FINANCIAL INFORMATION. Due to the competitive nature of the telecommunications
industry, Fybercom respectfully requests that this information only be inspected by Staff directly
associated with this Application and be kept from public disclosure as it contains highly sensitive
and proprietary information.
If you have any questions or if additional information is required,please do not hesitate
to contact the undersigned at(202) 383-3343 or via email at pmarchesiello&wbklaw.com.
WILKINSON ) BARKER) KNAUER) LLP
March 29, 2024
Page 2
Respectfully submitted,
/s/Phillip R. Marchesiello
Phillip R. Marchesiello
Wilkinson Barker Knauer, LLP
1800 M Street,NW
Suite 800N
Washington, DC 20036
Tel.: (202) 783-4141
Fax: (202) 783-5851
pmarchesiello@wbklaw.com
Counsel for Fybercom
Enclosure
2
Before the
PUBLIC UTILITIES COMMISSION OF IDAHO
Boise, Idaho 83714
Application of )
Fybercom LLC dba Fybercom, State of ) Case No.
Idaho to Provide Non-Facilities Based )
Resold Local Exchange Services )
Throughout Idaho )
APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY TO PROVIDE NON-FACILITIES BASED RESOLD LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES
Pursuant to IDAPA 31.01.01.114 and Order No. 26665 issued November 7, 1996,
Fybercom LLC dba Fybercom, State of Idaho ("Fybercom"or"Applicant") respectfully requests
that the Idaho Public Utilities Commission("Commission") grant Fybercom a Certificate of
Public Convenience and Necessity to provide non-facilities based resold local exchange
telecommunications services within the State of Idaho.
In support of its Application, Fybercom submits the following:
1. Name, Address, Form of Business
i. A short statement of the character of public service in which the entity is
engaged.
Fybercom intends to offer competitive local exchange services to business
customers, including exchange access service, within the State of Idaho,using
resold services provided pursuant to a resale arrangement that will be entered
into between Fybercom and the Idaho ILEC CenturyLink and/or its affiliates
following action on this Application by the Commission. Fybercom also
provides residential and business broadband services using its own facilities or
a combination of its facilities and leased facilities.
ii. The entity's name (including any assumed business name) and the state in
which it is incorporated or organized.
Fybercom LLC, dba Fybercom, State of Idaho
iii. The street and mailing addresses of the entity's principal office and of its
principal office in Idaho, and email address (if available)
Principal Office:
3780 N Yellowstone Hwy
Idaho Falls, ID 83401
Registered Agent:
Jared Stowell
2138 Quail Ridge Dr.
Ammon, ID 83401
al redgfybercom.net
iv. A certified copy of the entity's articles of incorporation or certificate of
organization if an LLC
Fybercom's certificate of existence issued by the State of Idaho Secretary of
State's Business Office is set forth in Attachment A and demonstrates that
Fybercom is a limited liability company organized under the laws of the State
of Idaho.
V. The names, titles, and addresses of the entity's officers and directors if
the entity is a corporation, or of at least one (1) governor if the entity is an
LLC
Officers:
Jared Stowell, Chief Executive Officer
2138 Quail Ridge Dr.
Ammon, ID 83401
Vince Calkins, Chief Technology Officer
3962 Clearfield Lane
Ammon, ID 83401
Kort Spencer, Chief Operating Officer
3780 N Yellowstone Hwy
Idaho Falls, ID 83401
George Swanson, Chief Human Resources Officer
1074 Bingham Ave.
Idaho Falls, ID 83402
2
Governors/Managers:
Jared Stowell, Chief Executive Officer
2138 Quail Ridge Dr.
Ammon, ID 83401
vi. The names and addresses of subsidiaries the entity owns or controls.
Omega Networks LLC
3780 N Yellowstone Hwy
Idaho Falls, ID 83401
SkyNet LLC
3780 N Yellowstone Hwy
Idaho Falls, ID 83401
vii. The name and address of any corporation, association, or similar
organization holding a five percent (5%) or greater ownership interest or
a managerial interest in it, and the amount and nature of the ownership
interest, and nature of the management interest. Include a copy of any
management agreement with the application.
Jared Stowell, CEO: 36.8% stock interest
2138 Quail Ridge Dr.
Ammon, ID 83401
Vince Calkins, CTO: 30.2% stock interest
3962 Clearfield Lane
Ammon, ID 83401
Dynamic Networks LLC: 33.0% stock interest
461 Parkland Dr.
Sandy, UT 84070
2. Services and Territory
i. A description of customer classes and customer services that the
applicant proposes to offer to the public. The application shall indicate
the date on which the applicant proposes to begin construction or
anticipates it will begin to provide service in Idaho.
Fybercom plans to begin to provide resold local exchange services to business
customers in Idaho in July 2024, assuming that Fybercom has successfully
negotiated and executed its resale arrangement with CenturyLink and the
Commission has acted on this Application by then. Fybercom currently
provides residential and business broadband services in Idaho.
3
ii. A description sufficient to determine whether service is to be offered in a
particular location and the names of incumbent local exchange
corporations (ILECs)with whom the proposed utility is likely to compete.
The application shall also describe the intended manner of service, e.g.,
resold services or facilities-based services.
Applicant intends to provide resold local exchange service in CenturyLink's
service area as set forth in Idaho's Telephone Company Service Area Map:
https://puc.idaho.gov/Fileroom/PublicFiles/maps/cities.pdf. Consequently,
Fybercom intends to compete with CenturyLink.
iii. A reasonably sized and detailed map showing where the applicant
proposes to provide service including exchanges (if different from existing
exchanges), rural zones, and local calling areas.If the service area is
identical to an incumbent LEC's service area, then applicant may refer to
the incumbent's service area.
Applicant is proposing to provide resold local exchange service in
CenturyLink's service area, except that Applicant does not intend to service
areas serviced by LEC's that are eligible for a small or rural carrier exemption
pursuant to Section 251 of the Federal Telecom Act of 1996.
3. Financial Information - The current detailed balance sheets, including detailed
income and profit and loss statements of applicant reflecting current and prior
year balance for the twelve (12) months ending as of the date of the balance
sheet, or if not readily available, for the period since the close of the preceding
calendar year.
Fybercom's balance sheet and profit and loss statement for calendar year 2023 are set
forth in Attachment B.
The latest report,if any.
As a privately held company, Fybercom does not prepare annual reports.
4. Tariffs and Price Lists - Proposed initial tariffs or price sheets setting forth
rates, rules, terms, and regulations applicable to the contemplated service. Initial
tariffs and price lists filings shall be in an electronic form as well as paper. The
tariffs and price lists in electronic format will be in computer searchable Adobe
Acrobat(PDF), or submitted on a CD-ROM or other format as prescribed by
the Commission Secretary.
Fybercom will submit a proposed price list for its resold local exchange service
offering promptly following Commission action on this Application. Fybercom
provides broadband services on a de-tariffed basis pursuant to rates, terms, and
conditions posted on its website: https://fybercom.net/.
4
5. Tariff and Customer Contact- The name, address, and telephone number for
those persons responsible for tariff and price list questions, as well as customer
complaints and inquiries. The application shall state the toll-free telephone
number for customer inquiries and complaints.
Person responsible for price list questions:
Kort Spencer
3780 N Yellowstone Hwy
Idaho Falls, ID 83401
208.403.0505
Other customer inquiries and complaints may be directed to:
Toll-Free: 844-3 92-3 748
Email: info&fybercom.net
6. Interconnection Agreements -Whether the applicant has initiated
interconnection negotiations and,if so,when and with whom. Include copies of
any interconnection contracts which have been completed for the provision of
telecommunication services.
Applicant has not yet initiated resale negotiations with CenturyLink and does not
propose to do so until Commission action on this Application. As a result of the resale
agreement that Applicant will enter into with CenturyLink, which will enable
Applicant to benefit from CenturyLink's interconnection agreements, Applicant will
not be required to separately enter into interconnection agreements in Idaho to enable
Applicant to provide resold local exchange services in the state.
7. Compliance with Commission Rules
Applicant has reviewed the laws and regulations of this Commission governing local
exchange telecommunications services in Idaho and will provide service in
accordance with all laws, rules, and regulations to the extent they are not preempted
by the Federal Telecommunications Act.
8. Conservation of Telephone Numbers
Applicant acknowledges that non-paging telecommunications carriers with telephone
numbering resources in Idaho shall be subject to numbering conservation measures
including mandatory one thousand(1,000)block pooling.
9. Escrow
Applicant will not require advance payments or deposits from its customers and
therefore no escrow account is being filed.
5
WHEREFORE, Fybercom respectfully requests for the Commission to enter an order
granting to a Certificate of Public Convenience and Necessity authorizing Fybercom to provide
the services set forth herein in the locations in the State of Idaho set forth herein.
Respectfully submitted this 29 day of March, 2024.
FYBERCOM LLC DBA
FYBERCOM, STATE OF IDAHO
By: /s/Jared Stowell
Jared Stowell
Chief Executive Officer
6
ATTACHMENT A
IDAHO CERTIFICATE OF EXISTENCE
STATE OF I DA H O
y C Phil McGrane I Secretary of State
Business Office
s��TE o�ti4 450 North 4th Street
PO Box 83720
Boise, ID 83720
February 15, 2024
Request Type: Certificate of Existence/Filing Issuance Date: 02/15/2024
Request#: 0005604940 Copies Requested: 0
Receipt#: 000942069
Regarding: FYBERCOM LLC
Filing Type: Limited Liability Company(D) File# : 410603
Formation/Qualification Date: 02/20/2014
Status: Active-Existing Formation Locale: IDAHO
Duration Term: Perpetual Inactive Date:
Certificate of Existence
I, Phil McGrane, Secretary of State of the State of Idaho, do hereby certify that effective as of the
issuance date noted above
FYBERCOM LLC
is a Limited Liability Company duly formed under the law of this State with a date of incorporation
and duration as given above.
Phil McGrane
Idaho Secretary of State
Processed By: Business Division Verification #: 027441934
Phone: 208-334-2301 * Email: business@sos.idaho.gov * Website: sosbiz.idaho.gov
ATTACHMENT B
FYBERCOM BALANCE SHEET AND PROFIT AND LOSS STATEMENT
CONFIDENTIAL