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Home My WebLink About20240403Notice_of_Application_Order_No_36126.pdf Office of the Secretary Service Date April 3,2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF AT&T CORP. AND ) CASE NO. ATT-T-24-01 AT&T ENTERPRISES,INC.'S JOINT ) APPLICATION FOR THE ISSUANCE OF ) NOTICE OF APPLICATION A NEW CERTIFICATE OF PUBLIC ) CONVENIENCE AND NECESSITY TO ) NOTICE OF AT&T ENTERPRISES,LLC. AND ) MODIFIED PROCEDURE CANCELLATION OF THE EXISTING ) CERTIFICATE OF PUBLIC ) ORDER NO. 36126 CONVENIENCE AND NECESSITY HELD ) BY AT&T CORP. ) On February 23, 2024, AT&T Corp. ("CORP") and AT&T Enterprises, Inc. ("INC") (collectively the "Applicants") jointly applied to the Idaho Public Utilities Commission ("Commission") requesting the issuance of a Certificate of Public Convenience and Necessity ("CPCN") to AT&T Enterprises, LLC. ("Enterprises LLC") that authorizes it to offer local telecommunication exchange services in Idaho pursuant to IDAPA 31.01.01.114 ("Application"). Following an internal restructuring, INC will "undergo a nearly simultaneous name change to AT&T Enterprises, LLC." Application at 1. The Applicants thus asked that Enterprises LLC's name be reflected on the proposed CPCN.1 Enterprises LLC's requested CPCN would cover the same service territory as CPCN No. 295—which is currently held by CORP; the Applicants accordingly requested that CORP's CPCN No. 295 be canceled. The Commission now issues a Notice of Application and sets deadlines for interested persons to comment on the Application, and for the Applicants to reply. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Applicants stated that internal restructuring would be completed on May 2, 2024, and asked the case to be expedited and processed via modified procedure. 1 The Applicants' primary request was that Enterprises LLC be granted a CPCN. However, should the Commission deem otherwise, the Applicants alternatively requested "that the Commission grant a new Certificate to AT&T Enterprises, Inc. . . with conditional approval of an amendment to the Certificate for a name change to AT&T Enterprises,LLC upon adequate documentation of the name change being provided to the Commission."Application at 8. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36126 1 YOU ARE FURTHER NOTIFIED that the Applicants stated that their parent company is AT&T Inc. ("Parent Company"). The Applicants further stated that their Parent Company is currently undergoing an internal restructuring by converting several subsidiaries into LLCs. YOU ARE FURTHER NOTIFIED that the Applicants stated that INC is wholly owned by the Parent Company. The Applicants further stated that CORP intends to merge with INC on May 1, 2024—after which CORP will cease to exist. On May 2, 2024, INC plans to convert to a Delaware limited Liability Company and change its name to AT&T Enterprises, LLC. In Exhibit 001, the Applicants provided a visual depiction outlining corporate structure before and after the merger. YOU ARE FURTHER NOTIFIED that the Applicants stated that customer rates and service would not change and"[t]he only change customers will see is the service provider's name on their AT&T bill." Id. at 4. The Applicants do not expect the proposed transaction to affect Enterprises LLC's capital structure. YOU ARE FURTHER NOTIFIED that the Application provided contact information for the Applicants and a point of contact for complaints. The Applicants further stated that all interconnection agreements will continue to be honored by Enterprises LLC. Finally, the Applicant's stated that INC has reviewed Commission's rules, and that Enterprises LLC will comply with those rules. YOU ARE FURTHER NOTIFIED the Company provided information related to the conservation of telephone numbers and stated that Enterprises LLC would fulfill its obligations in this regard. YOU ARE FURTHER NOTIFIED that the Application and Exhibits are available for public inspection during regular business hours at the Commission's office. The Application is also available on the Commission's website at www.puc.idaho.gov. Click on the "TELEPHONE" 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 Title 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 APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36126 2 NOTICE OF MODIFIED PROCEDURE YOU ARE HEREBY NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter, and that it will proceed under Modified Procedure pursuant to the Commission's Rules of Procedure 201-204, IDAPA 31.01.01.201-.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 and explain why written comments alone are insufficient. Persons interested in filing written comments must do so within 21 days of the service date of this Order. Comments must be filed through the Commission's website or by e-mail unless computer access is unavailable. To comment electronically, please access the Commission's website at http://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, persons must e-mail the comments to the Commission Secretary and all parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code § 74-101(13), and all information provided by such person is available for public and media inspection. If computer access is unavailable, then comments may be mailed to the Commission and the Parties at the addresses below.Persons submitting a comment by mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code§ 74-101(13),and all information provided by such person is available for public and media inspection. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36126 3 For the Idaho PUC: For Applicants: Commission Secretary Ronald L. Williams Idaho Public Utilities Commission Brandon Helgeson P.O. Box 83720 Hawley Troxell Ennis & Hawley LLP Boise, ID 83720-0074 877 W. Main Street, Suite 200 P.O. Box 1617 Street Address for Express Mail: Boise, ID 83701-1617 rwilliams(&hawleytroxell.com 11331 W. Chinden Blvd. bhel eg songhawleytroxell.com Building 8, Suite 201-A Boise, ID 83714 Richard Howell AT&T Services, Inc. 208 S. Akard St. Dallas, TX 75202-4206 rh2514gatt.com Trey LaMair AT&T Services, Inc. 816 Congress Ave., Suite 1100 Austin, TX 78701 lamairgatt.com YOU ARE FURTHER NOTIFIED that the Applicants must file any reply comments within 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. ORDER IT IS HEREBY ORDERED that the Application be processed by Modified Procedure. Persons interested in submitting written comments must do so within 21 days of the service date of this Order. Applicants must file any reply comments within 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 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36126 4 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. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3rd day of April 2024. ERIC ANDERSON, PRESIDENT 9�� HN R. HAMMOND JR., COMMISSIONER G EDWARD LODGE, MMISSIONER ATTEST: I jj-90� #arriASaW htZj Commission Secretary I:\Legal\TELECOM\ATTT2401\orders\ATTT2401 Ntc_App_Mod_md.docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36126 5