20240618Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: JOHAN KALALA-KASANDA
MICHAEL DUVAL, DEPUTY ATTORNEY GENERAL
DATE: JUNE 18, 2024
RE: IN THE MATTER OF AT&T CORP. AND AT&T ENTERPRISES, INC.'S
JOINT APPLICATION FOR THE ISSUANCE OF A NEW CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY TO AT&T
ENTERPRISES, INC. AND CANCELLATION OF THE EXISTING
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY HELD
BY AT&T CORP.; CASE NO. ATT-T-24-01.
BACKGROUND
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 certificate. Enterprises LLC
requested that the CPCN 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 Applicants stated that these requests are part of an internal restructuring involving
the Applicants and their related corporate entities. The Application included several exhibits.
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
DECISION MEMORANDUM - 1 - JUNE 18, 2024

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.
On May 1, 2024, after a review of the record, the Commission issued Commission Order
No. 36169 canceling CORP's CPCN certificate No. 295 and approving the Applicants' request
for a new CPCN to be issued to INC. subject to all the conditions outlined in Staffs Comments.
Additionally, the Commission ordered that if the Applicants desire to update the name on the
requested CPCN in this case, the necessary documents must be submitted to the Commission
within 60 days of the issuance of the Order.
On June 6, 2024, pursuant to Commission Order No. 36169, Enterprises LLC submitted a
request for the Commission to enter a final order updating the name on the CPCN issued to
INCto reflect Enterprises LLC as the entity to which the Certificate is issued. Enterprises LLC
stated that, as described in the Application, CORP merged with and into INC with INC as the
surviving entity and that INC subsequently converted to a limited liability company and
becoming Enterprises LLC. Request at 2.
STAFF ANALYSIS
Staff examined the request and determined that this action will simply amend the name
on the CPCN Certificate to reflect the recent corporate name change of INC. This was done in
compliance with Commission Order No. 36169. Staff confirmed that Enterprises LLC provided
the Commission adequate documentation supporting its request of the name change on the
CPCN certificate. Additionally, Staff confirmed that Enterprises LLC is registered with the
Idaho Secretary of State as a Foreign Limited Liability Company.
The Commission has jurisdiction over the issuance of CPCN certificates in Idaho.
IDAPA 31.01.01.114. On May 1, 2024, the Commission issued Order No. 36169, Case No.
ATT-T-24-01, issuing a conditional CPCN certificate to INC.
DECISION MEMORANDUM - 2 - JUNE 18, 2024

STAFF RECOMMENDATION
Staff recommends that the Commission issue an order authorizing the Company's
requested name change on its CPCN.
COMMISSION DECISION
Does the Commission wish to issue an order authorizing the Company's requested name
change on its CPCN?
Jbhan E. Kalala-Kasanda
1:\Utility\UDMEMOS\ATT-T-24-01_Decision Memo.docx
DECISION MEMORANDUM - 3 - JUNE 18, 2024