20240618Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: JOHAN KALALA-KASANDA
ADAM TRIPLETT, DEPUTY ATTORNEY GENERAL
DATE: JUNE 18, 2024
RE: IN THE MATTER OF THE PETITION OF CTC TELECOM, INC. TO
DEMONSTRATE SATISFACTION OF REQUIREMENTS TO HOLD
CPCN CERTIFICATE No. 348 AND TO DEMONSTRATE
SATISFACTION OF CRITERIA TO HOLD ITS DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS CARRIER;
CASE NO. CTL-T-23-02.
BACKGROUND
On April 17, 2024, CTC Telecom, Inc. ("CTC") submitted a Petition to the Idaho Public
Utilities Commission(the"Commission")to demonstrate firstly that it still meets the
requirements necessary to hold its Certificate of Public Convenience and Necessity No. 348, as
the same and as has been amended from time to time("CPCN"); and secondly to demonstrate
that it still satisfies the criteria to be designated an Eligible Telecommunications Carrier
("ETC"). Petition at 1. CTC submitted this Petition pursuant to Commission Order No. 36077
of Case No. CTL-T-23-03, Notice of the Acquisition of Certain Assets of CTC by Millenium
Networks, LLC ("Millenium"). CTC was ordered to file this Petition, with supporting materials,
to demonstrate that it still satisfies the requirements for a CPCN certificate and the criteria for
ETC status designation after it sold all its assets in Ada County, Idaho ("Ada County") to
Millenium. Order No. 36077 at 6.
APPLICATION and PETITION
On May 26, 2023, CTC submitted an Application to the Commission seeking an
amendment to its CPCN certificate No. 348 relinquishing its right to provide voice and
broadband services to residential customers in Ada County. Case No. CTL-T-23-02
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(Application at 2). CTC stated that the reason for this Application was because, effective April
19, 2023, it entered into an Asset Purchase Agreement with Millennium substantially selling all
its assets within Ada County. As a result, CTC will no longer provide voice and broadband
services over fiber to the home facilities in Ada County. Millenium will be offering local
exchange telecommunications services in Ada County and will also provide service to the former
customers of CTC. CTC will still be providing fixed wireless services to customers within Ada
County but under the assumed business name Wilderness Wireless. Id. 2. Thus, the Application
for the amendment of CPCN certificate No. 348 entailed the removal of those territories where
facilities were sold but retained the CPCN certificate to continue to provide services to its fixed
wireless customers in Ada County, Idaho. Petition at 1 - 2.
Pursuant to Commission Order No. 36077, CTC was also required to demonstrate that it
still satisfies the criteria to be designated an ETC. Thus, as part of its Petition, submitted to the
Commission on April 17, 2024, CTC asserted that "none of the information provided in its
original application regarding CTC's network, facilities or services has changed as a result of the
sale of the assets located in Ada County, Idaho." The designated service area and all other ETC
criteria are the same and in compliance with Commission Order No. 30867 of Case No. CTL-T-
09-01.Id at 5.
CTC stated that it meets all the requirements to continue to hold the CPCN certificate No.
348. Additionally, CTC asserted that it continues to meet the requirements for the ETC
designation status in its Designated Service Areas. Therefore, CTC requested that the
Commission issue an Order confirming that it continues to meet the requirements to hold its
CPCN certificate No. 348, granting the requests in Case No. CTL-T-23-02 to amend its CPCN
certificate, and also confirm that CTC continues to meet the requirements for ETC designation
status. Id at 5.
STAFF ANALYSIS
Staff reviewed the Company's Petition and Application and believes the Company
understands the Commission's rules and requirements related to the provision of
telecommunication services in Idaho. Staff confirmed that CTC has demonstrated that it still
meets the requirements necessary to continue to hold its CPCN certificate No. 348. Staff also
agrees that this CPCN should be amended to reflect the fact that it no longer provides basic local
exchange service in Ada County, where facilities were sold, but will still be providing fixed
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wireless services to customers within Ada County. Additionally, Staff confirmed that CTC has
also demonstrated that it still satisfies the criteria to be designated an ETC.
The Commission has jurisdiction over the issuance of CPCN certificates in Idaho,
pursuant IDAPA 31.01.01.114. The Commission also has the authority, under federal law, to
grant ETC designations within Idaho. 47 U.S.C. § 214(e)(2). Authority for the Commission to
designate ETC status is also provided in Idaho law—the Idaho Telecommunications Act of
1988—and expounded upon in prior Commission orders. See Idaho Code §§ 62-6101)(1), 62-
615(l); Order No. 29841. Under this authority, this Commission has granted ETC designations
to numerous carriers in Idaho, including wireless carriers. See Order Nos. 32586, 32645, and
34163.
CTC is an Idaho corporation and is a wholly owned subsidiary of Cambridge Telephone
Company. CTC was first granted the CPCN certificate No. 348 on August 10, 1998, by
Commission Order No. 27673 of Case No. GNR-T-98-04, to provide basic local exchange
service to approximately 900 homes and small businesses in a new development area known as
Hidden Springs, located in Ada County near Boise, Idaho, off-Dry Creek Road.
On June 8, 1999, pursuant to Commission Order No. 28059 of Case No. CTL-T-99-01,
the CPCN No. 348 was amended, granting CTC the authority to provide competitive local
exchange service as a competitive local exchange carrier throughout US WEST
Communications, Inc.'s southern Idaho service territory.
On July 24, 2009, CTC's application for designation as an ETC was approved by
Commission Order No. 30867 of Case No. CTL-09-01.
STAFF RECOMMENDATION
Staff recommends that the Commission approve the Application and the Petition.
COMMISSION DECISION
Does the Commission wish to approve thesAch
e,
alala=K sanda
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