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HomeMy WebLinkAbout20240625Notice_of_Application_Order_No_36242.pdf Office of the Secretary Service Date June 25,2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF ZIPLY FIBER ) CASE NO. ZFP-T-24-01 PACIFIC, LLC'S APPLICATION FOR ) DESIGNATION AS AN ELIGIBLE ) NOTICE OF APPLICATION TELECOMMUNICATIONS CARRIER IN ) THE STATE OF IDAHO TO RECEIVE ) NOTICE OF FEDERAL LIFELINE SUPPORT ) MODIFIED PROCEDURE ORDER NO. 36242 On April 11, 2024, Ziply Fiber Pacific, LLC dba Ziply Fiber ("Company") applied to the Idaho Public Utilities Commission ("Commission") for designation as an Eligible Telecommunications Carrier ("ETC") in the State of Idaho. The Company requested designation as an ETC to provide Lifeline services. The Company asked that it be allowed to participate and receive reimbursement from the Universal Service Fund and the Idaho Telephone Service Assistance Program ("ITSAP") accordingly. The Commission now issues this Notice of Application and sets deadlines for interested persons to comment on the Application and for the Company to reply. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company stated it is authorized to do business in Idaho and provides communication services to Idaho customers via a fiber-optic network. YOU ARE FURTHER NOTIFIED that the Company seeks ETC designation in "the area defined by its physical network footprint in Idaho," as that footprint may expand over time due to construction or acquisition of additional infrastructure. Application 2. YOU ARE FURTHER NOTIFIED that the Company requests that its designation as an ETC include the authority to participate in, and receive reimbursement from, the ITSAP. YOU ARE FURTHER NOTIFIED that the Company stated it is a common carrier with the ability to provide the telecommunication services listed in its Application. YOU ARE FURTHER NOTIFIED that the Company stated that it meets all federal and state requirements for designation as an ETC. The Company also asserted that designating the Company as an ETC is in the public interest. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36242 1 YOU ARE FURTHER NOTIFIED that the Company stated that, if approved, it will offer telecom services (including voice and broadband access) in a cost-effective manner—thereby increasing competition and customer service options within unserved and underserved areas to eligible customers. The Company also stated that would provide emergency services to its customers and had the capabilities necessary to operate in emergency situations. YOU ARE FURTHER NOTIFIED that the Application and subsequent Addendum are available for public inspection during regular business hours at the Commission's office. The Application and supplemental materials are 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 MODIFIED PROCEDURE YOU ARE FURTHER 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. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36242 2 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. For the Idaho PUC: For the Company: Commission Secretary Jessica Epley Idaho Public Utilities Commission Ziply Fiber PO Box 83720 135 Lake Street South, Suite 155 Boise, ID 83720-0074 Kirkland, WA 98033 secretM(y ),puc.idaho.gov Jessica.epleygziply.com Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 YOU ARE FURTHER NOTIFIED that the Company 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 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36242 3 of this Order. The Company 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 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 251h day of June 2024. ERIC ANDERSON, PRESIDENT HN R. HAMMOND JR., COMMISSIONER G Gv� Q E WARD LODGE, C MI ONER ATTEST• c Ba - n&hez Commission Secretary I:\Lega1\TELEC0M\ZFPT2401 Ntc_App_Mod_at.docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36242 4