HomeMy WebLinkAbout20240417Petition.pdf RECEIVED
Wednesday,April 17,2024 11:45 AM
Cynthia A. Melillo PLLC IDAHO PUBLIC
8385 W. Emerald Street
Boise, Idaho 83704 UTILITIES COMMISSION
(208)-577-5747
cam(a-)camlawidaho.com
April 17, 2024
VIA Electronic Mail
Monica Barrios-Sanchez, Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd. Building 8, Suite 201-A
Boise, ID 83714
P.O. Box 83720
Boise, ID 83720-0074
Re: CTC Telecom, Inc. — Petition to Demonstrate Satisfaction of
Requirements to Hold CPCN 348 and Retain Designation as
Eligible Telecommunications Carrier
Case No. CTL-T-23-02
Dear Ms. Barrios-Sanchez:
Enclosed for filing, please find a copy of CTC Telecom, Inc.'s Petition in the
above referenced case. I have not sent a hard copy so please let me know if you will
require a hard copy.
If you have any questions or need any additional information, please feel free to
contact me.
Sincerely,
Cynthia A. Melillo
CAM/
Enclosure
Cc: James Wescott
CYNTHIA A. MELILLO (ISB # 5819)
Cynthia A. Melillo PLLC
8385 W. Emerald Street
Boise, Idaho 83704
Telephone: 208.577.5747
Fax: 208.361.3441
E-mail: cam(aDcamlawidaho.com
Attorney for CTC Telecom, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION.
PETITION OF CTC TELECOM, INC. TO )
DEMONSTRATE SATISFACTION OF )
REQUIREMENTS TO HOLD CPCN 348 ) Case No. CTL—T—23- 02
AND TO DEMONSTRATE SATISFACTION )
OF CRITERIA TO HOLD ITS )
DESIGNATION AS AN ELIGIBLE )
TELECOMMUNICATIONS CARRIER
PETITION OF CTC TELECOM, INC. TO DEMONSTRATE SATISFACTION OF
REQUIREMENTS TO HOLD CPCN 348 AND TO DEMONSTRATE SATISFACTION OF
CRITERIA TO HOLD ITS DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS
CARRIER
Pursuant to Order No. 36077 of the Idaho Public Utilities Commission (the"Commission")
CTC Telecom, Inc. ("CTC"), by and through its undersigned attorney, hereby submits to the
Commission this Petition to demonstrate that CTC still meets the requirements
necessary to hold its Certificate of Public Convenience and Necessity No. 348, as
the same has been amended from time to time ("CPCN") and still satisfies the
criteria to be designated an Eligible Telecommunications Carrier("ETC').
CTC sold substantially all of its assets located in Ada County, Idaho used to provide voice and
broadband services over fiber to the home facilities. CTC retained those assets used to provide
fixed wireless service to customers in Ada County, Idaho. On May 26, 2023, CTC filed an
CTC Petition to Demonstrate CTC Satisfies CPCN Requirements and ETC Designation—1
application with the Commission to amend its CPCN to remove those territories where facilities
were sold, but to retain the CPCN to continue to provide services to its fixed wireless customers
in Ada County, Idaho.
On July 12, 2023,the Commission opened a new case for CTC to review the asset transfer
for compliance with Idaho Code § 61-328. CTL-T-23-03.
CTC objected to the Commission's discovery requests and review of the asset transfer based
upon the Commission's lack of statutory authority to do so.
On January 31, 2024, the Commission dismissed CTL-T-23-03 in Order No. 36077 but
ordered CTC to file this petition and supporting materials demonstrating that CTC still satisfies
the criteria for a CPCN and evidence that it still satisfies the criteria for ETC designation.
I. CTC still meets the requirements necessary to hold its Certificate
of Public Convenience and Necessity No. 348
A. Proposed Services
CTC currently provides fixed wireless service to approximately fifty (5(7)
customers in Ada County, Idaho.
CTC is a facilities-based provider utilizing point-to-point wireless. CTC also
leases transport facilities from ILECs in the above referenced areas and does so pursuant to
negotiated interconnection agreements already on file with the Commission. CTC markets its
services directly to its current customers through its web page, bill stuffers, and other professional
communications.
B. Form of Business
(1) CTC is an Idaho corporation and has previously provided all
formation documents to the Commission in connection with its original Application for CPCN.
(2) CTC's mailing address and physical addresses are:
Mailing Address:
CTC Telecom, Inc.
P.O. Box 69
CTC Petition to Demonstrate CTC Satisfies CPCN Requirements and ETC Designation—2
Cambridge, ID 83610
Physical Address
CTC Telecom, Inc.
130 Superior Street
Cambridge, ID 83610
(3) A current certified Copy of the CTC's Articles of Incorporation is
attached to this application as Exhibit 1.
(4) A current copy of the certificate of good standing issued by the
Idaho Secretary of State is attached to this application as Exhibit 2.
(5) CTC's registered agent in the State of Idaho is:
Richard Wiggins
130 Superior Street
Cambridge, ID 83610
(6) The names and addresses of CTC's Officers and Board of Directors
are as follows:
Name Address
Kermit Wiggins P.O. Box 88 Director
Cambridge, ID 83610
Joana Wiggins P.O. Box 88 Director
Cambridge, ID 83610
Richard Wiggins P.O. Box 88 Director/President
Cambridge, ID 83610
Kristie Kanady P.O. Box 88 Director/Secretary
Cambridge, ID 83610
James Wescott P.O. Box 88 Director
Cambridge, ID 83610
(7) Cambridge Telephone Company owns one hundred percent
(100%)of the issued and outstanding stock of CTC.
CTC Petition to Demonstrate CTC Satisfies CPCN Requirements and ETC Designation—3
(8) There are no subsidiaries owned or controlled by the CTC.
C. Telecommunications Service
(1) CTC has the point-to-point wireless facilities and equipment to
provide basic local exchange service.
(2) CTC provides service to residential and commercial customers.
D. Service Territory
CTC will continue to provide service in its certificated service areas, as
more particularly shown on CTC's map, provided to the Commission in connection with CTC's
original application.
E. Financial Information
Financial information demonstrating CTC's financial qualifications has
been provided to the Commission in the form of the Annual Report of CTC Telecom, Inc. to the
Idaho Public Utilities Commission for the year ending 2023, filed on April 12, 2024.
F. Illustrative Tariff
CTC has filed a price list with the Commission.
G. Customer Contacts
(1) Contact Information for the CTC
The name, address, telephone number and electronic mailing addresses
of the person(s) responsible for consumer inquiries and complaints from the public is as follows:
CTC Telecom, Inc.
PO BOX 88
Cambridge, ID 83610
Attn: Jerry Piper
Telephone: 1-800-426-0794
Email Address: customerservice@ctctele.com
(2) CTC's toll-free number for customer inquiries and complaints is 1-800-426-0794.
CTC Petition to Demonstrate CTC Satisfies CPCN Requirements and ETC Designation—4
(3) The name, number, and electronic mailing address of the person(s)
designated as a contact for the Commission Staff for resolving complaints, inquiries and matters
concerning rates and price lists or tariffs is as follows:
CTC Telecom, Inc.
PO BOX 88
Cambridge, ID 83610
Attn: James Wescott
Telephone: 208-257-3314
Email Address: jwescott@ctctele.com
H. Interconnection Agreements
CTC has interconnection agreements with Qwest Communications and Frontier
Communications all of which have been provided to and approved by the Commission.
I. Compliance with Commission Rules
The CTC is familiar with all of the Commission rules and continues to agree to
comply with them, or request for waiver of those rules believed to be inapplicable.
II. CTC still satisfies the criteria to be designated an Eligible
Telecommunications Carrier
CTC was designated an Eligible Telecommunications Carrier pursuant to Order
No. 30867 of the Commission (the "ETC Order") in the non-rural wire centers served by Qwest
Corporation (now CenturyLink/Lumen) as set forth in CTC's original application, and for eight (8)
rural wire centers served by Citizens Telecommunications/Frontier Communications and
Cambridge Telephone Company (the "Designated Service Area"). None of the information
provided in CTC's original application regarding CTC's network, facilities or services has changed
as a result of the sale of assets located in Ada County, Idaho.
All correspondence, communications, pleadings, notices, orders and decisions
relating to this Application should be addressed as follows:
Cynthia A. Melillo
Cynthia A. Melillo PLLC
8385 W. Emerald Street
Boise, Idaho 83704
CTC Petition to Demonstrate CTC Satisfies CPCN Requirements and ETC Designation—5
Telephone: 208-577-5747
Facsimile: 208-361-3441
Email: cam(d)-cam lawidaho.com
A. BACKGROUND
(1) Company Overview
All Company information is provided above. CTC provides local exchange
services in the Designated Service Area using its own facilities.
(2) Identification of the Service Area
The Designated Service Area is provided in the ETC Order.
B. CTC MEETS THE STATUTORY AND REGULATORY REQUIREMENTS
FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER.
As shown in CTC's original application, and as determined in the ETC
Order, CTC meets the requirements for designation as an ETC as established under Sections
214(e) and 254 of the Act, and the IPUC ETC Requirements Order. Nothing in the original
application with regard to these requirements has changed.
C. CTC's DESIGNATION AS AN ETC SERVES THE PUBLIC INTEREST
As shown in CTC's original application, and as determined in the ETC
Order, CTC's designation as an ETC serves the public interest. Nothing in the original application
with regard to serving the public interest has changed.
D. CERTIFICATION OF ELIGIBILITY
CTC will continue to certify eligibility of all Lifeline customers, both upon
application and annually, as required by 47 C.F.R. § 54.410.
E. CTC WILL MEET ALL ANNUAL CERTIFICATION REQUIREMENTS
CTC will continue to file all annual reports required by both this Commission
and the FCC. Any additional information required by the Commission to determine whether or not
CTC continues to meet the requirements for ETC designation will be provided in such annual
CTC Petition to Demonstrate CTC Satisfies CPCN Requirements and ETC Designation-6
certification.
III. RELIEF REQUESTED
CTC requests that the Commission enter an Order confirming that CTC continues
to meet the requirements necessary to hold its CPCN, as amended by request of CTC in Case
No. CTL—T-23-02, and that the Commission enter an Order confirming that CTC continues to
meet the requirements for ETC designation in its Designated Service Areas. CTC requests that
the Commission process this Petition under Modified Procedure.
RESPECTFULLY SUBMITTED this 17'h day of April 2024.
Cynthia A. Melillo PLLC
By:
_���')4i'(L
Cynthia A. Melillo
-
Attorney for CTC Telecom, Inc.
CTC Petition to Demonstrate CTC Satisfies CPCN Requirements and ETC Designation—7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 17th day of April 2024, 1 caused to be served a true and
correct copy of the foregoing by the method indicated below, and addressed to the following:
Monica Barrios-Sanchez, Commission L1 U.S. Mail
Secretary L1 Hand Delivered
Idaho Public Utilities Commission f] Overnight Mail
11331 W. Chinden Blvd. Building 8, Suite II Facsimile
201-A Electronic Mail
Boise, ID 83714
P.O. Box 83720
Boise, ID 83720-0074
6,,U
Cyn hia A. Melilld
CTC Petition to Demonstrate CTC Satisfies CPCN Requirements and ETC Designation—8
EXHIBIT 1
Certified Articles of Incorporation
[attached]
CTC Petition to Demonstrate CTC Satisfies CPCN Requirements and ETC Designation—9
wATps t STATE OF IDAHO
Phil McGrane I Secretary of State
x fix' Business Office
450 North 4th Street
PO Box 83720
Boise, ID 83720
Request Type: Certified Copies of Business
Request#: 5691564 Issuance Date: 04/12/2024
Receipt#: 970090 Copies Requested: 1
I, Phil McGrane, Secretary of State of the State of Idaho, do hereby certify that CTC TELECOM, INC.,
File#376774 was formed or qualified to do business in the State of Idaho on 02/17/1998. CTC
TELECOM, INC. has a home jurisdiction of Idaho and is currently in an Active-Good Standing status.
The attached documents are true and correct copies and were filed in this office on the date(s) indicated
below
Phil McGrane
Idaho Secretary of State
Processed By: Business Division
The attached document(s)was/were filed in this office on the date(s) indicated below:
Reference# Date Filed Filing Description
A0076-8611 02/17/1998 Initial Filing
Phone: 208-334-2301 * Email: business@sos.idaho.gov * Website: sosbiz.idaho.gov
Page 1 of 1
FILED ARTICLES OF INCORPORATION
FEE I T 2 09 PSI '98
OF
TATE
'E _;,: :�3 CTC TELECOM, INC.
� m
r
1. Name. The name of the corporation is CTC Telecom, m
(the "Corporation"). j
�+ N ,
2. Authorized shares. The aggregate number of shares the%rporation
is authorized to issue shall be five million (5,000,000), all of which shall be common
voting stock. There shall be only one class of stock authorized.
3. Registered office and agent. The registered office of the Corporation
is 130 Superior Street, Cambridge, Idaho 83610 and its registered agent at that address
is Richard Wiggins.
4. Initial directors. The names and addresses of the directors serving
as the Corporation's Board of Directors are as follows:
Name Address
Richard Wiggins 130 Superior St., P.O. Box 86,Cambridge, Idaho 83610
Joana Wiggins 130 Superior St., P.O. Box 86, Cambridge, Idaho 83610
Kermit Wiggins 130 Superior St., P.O. Box 86, Cambridge, Idaho 83610
5. Incorporator. The name of the incorporator is Richard Wiggins and
the incorporator's address is 130 Superior Street, Cambridge, Idaho 83610.
i
6. Voting. Each outstanding share entitled to vote shall be entitled to
one (1) vote on each matter submitted to a vote at a meeting of shareholders.
7. Indemnification. The Corporation shall indemnify the directors'and
officers of the Corporation to the fullest extent permitted by the Idaho Business
Corporation Act, as the same exists or may hereafter by amended (but, in the case of any
such amendment, only to the extent that such amendment permits the corporation to
provide broader indemnification rights than the existing Idaho Business Corporation Act
permits prior to such amendment).
8. Limitation of Liability. No director shall be liable to the Corporation
or its shareholders for monetary damages for breach of fiduciary duty except liability for:
(i) the amount of a financial benefit received by a director to which he or she is not
t
ARTICLES OF INCORPORATION - 1
12SM17ARTICLES
r r
entitled; (ii) an intentional infliction of harm on the corporation or the shareholders; or (iii)
an intentional violation of criminal law.
9. Cumulative Votinq Rights. All shareholders are entitled to cumulate
their votes for directors; that is, they are entitled to multiply the number of votes they are
entitled to cast by the number of directors for whom they are entitled to vote and cast the
product for a single candidate or distribute the product among two (2) or more candidates.
10. Preemptive and Preferential Rights. Stockholders of the Corporation
shall have preemptive and preferential rights of subscription to any shares of stock of the
Corporation, whether now or thereafter authorized, and to any obligations of the
Corporation convertible into stock. Any stock or obligations convertible into stock issued
by the Corporation shall be offered first to the stockholders of the Corporation.
11. Transactions Between Corporations, Officers and Directors. Mhout
in any way limiting the provisions of Idaho law, no contract or other transaction between
the Corporation and no act of the Corporation shall in any way be affected or invalidated
by the fact that any of the directors of the Corporation are pecuniarily or otherwise
interested in, or are directors or officers of another corporation; any director individually,
or any firm of which any director may be a member, may be a party to, or may be
pecuniarily or otherwise interested in, any contract or transaction of the Corporation,
provided that the fact that such director or firm is so interested shall be disclosed or shall
have been known to the Board of Directors of the Corporation. Any director of the
Corporation who is also a director or officer of such other corporation, or who is so
interested, may be counted in determining the existence of a quorum at any meeting of
the Board of Directors of the Corporation which shall authorize any such contract or such
transaction with like force and effect as if he were not such director or officer of such
other corporation or not so interested.
In witness whereof, I have subscribed these Articles of Incorporation this
day of February, 1998.
Richard Wiggins, Inco`rpo—rai8r
I
i
I
I
ARTICLES OF INCORPORATION- 2
125M1 TAFMCLES
EXHIBIT 2
Certificate of Good Standing
[attached]
CTC Petition to Demonstrate CTC Satisfies CPCN Requirements and ETC Designation— 10
�A a STATE OF IDAHO
Phil McGrane I Secretary of State
Business Office
450 North 4th Street
PO Box 83720
Boise, ID 83720
April 12, 2024
Request Type: Certificate of Existence/Filing Issuance Date: 04/12/2024
Request#: 0005691253 Copies Requested: 0
Receipt#: 000970050
Regarding: CTC TELECOM, INC.
Filing Type: General Business Corporation(D) File#: 376774
Formation/Qualification Date: 02/17/1998
Status: Active-Good Standing 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
CTC TELECOM, INC.
is a Corporation duly incorporated 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#: 028357129
Phone: 208-334-2301 * Email: business@sos.idaho.gov * Website: sosbiz.idaho.gov