20240703Staff Comments.pdf

RECEIVED
Wednesday, July 3, 2024 10:05:49 AM
IDAHO PUBLIC
UTILITIES COMMISSION
MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 11714
Street Address for Express Mail:
11331 W CHINDEN BLVD, BLDG 8, SUITE 201-A
BOISE, ID 83714
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF FYBERCOM LLC'S )
APPLICATION FOR A CERTIFICATE OF ) CASE NO. FYB-T-24-01
PUBLIC CONVENIENCE AND NECESSITY )
TO PROVIDE TELECOMMUNICATIONS )
SERVICES IN IDAHO ) COMMENTS OF THE
COMMISSION STAFF
COMMISSION STAFF ("STAFF") OF the Idaho Public Utilities Commission, by and
through its Attorney of record, Michael Duval, Deputy Attorney General, and in response to the
Notice of Application in Order No. 36217 issued on June 7, 2024, submits the following
comments.
BACKGROUND
On March 29, 2024, Fybercom LLC dba Fybercom ("Fybercom" or"Applicant")
submitted an application to the Commission providing information necessary to obtain a
Certificate of Public Convenience and Necessity("CPCN") that would grant it authority to
provide Non-Facilities Based Resold local exchange telecommunication services within the State
of Idaho pursuant to IDAPA 31.01.01.114 and Commission Order No. 26665. Application at 1.
STAFF COMMENTS 1 July 3, 2024

On May 6, 2024, the Applicant provided a copy of its updated Idaho Certificate of
Existence 1 confirming that it was incorporated as a domestic Limited Liability Company in the
State of Idaho on February 20, 2014, by the Idaho Secretary of State.
On May 14, 2024, The Applicant submitted an amended Application("Amended
Application") in compliance with IDAPA 31.01.01.114 and Commission Order No. 26665.
On July 1, 2024, the Applicant submitted a second (2nd) Amended Application providing
additional information to comply with IDAPA 31.01.01.114 and Commission Order No. 26665.
STAFF ANALYSIS
Staff has reviewed the Applicant's Amended Application and believes the Applicant
understands the Commission's rules and requirements related to the provision of
telecommunication services in Idaho. Staff believes the Applicant's Amended Application
fulfills the requirements of IDAPA 31.01.01.114 and Order No. 26665. Staff also believes the
Applicant possesses the requisite financial, managerial, and technical qualifications necessary to
operate as a provider of telecommunications services.
The Applicant confirmed that its main principal Office is 3780 N Yellowstone Hwy,
Idaho Falls, ID 83401. The Applicant represented that it intends to offer competitive local
exchange services to business customers, including exchange access service, within the State of
Idaho. The Company shall do this using resold services pursuant to a resale arrangement that will
be entered into between Fybercom and the Idaho incumbent local exchange carrier CenturyLink
and/or its affiliates. Additionally, the Applicant stated that it provides residential and business
broadband services using its own facilities or a combination of its facilities and leased facilities.
Id at 1.
The Applicant represented that it intends to provide its services in the CenturyLink's
service area, as set forth in Attachment C and D to the Amended Application. Additionally, the
Applicant stated that it does not intend to provide services in areas serviced by local exchange
carriers that are eligible for a small or rural carrier exemption pursuant to Section 251 of the
Federal Telecom Act of 1996. The Applicant confirms that it will be in direct competition with
CenturyLink. Id at 4.
' Staff verified this information with the Idaho Secretary of State website.
STAFF COMMENTS 2 July 3, 2024

The Applicant provided the names and addresses of its officers and owners, as well as
relevant corporate financial information; and the names and addresses of subsidiaries it owns or
controls. Id.
STAFF RECOMMENDATION
Staff recommends approval of the Applicant's Amended Application for a CPCN
certificate subject to the following conditions:
1. The Applicant complies with number pooling and reporting requirements of the North
American Numbering Plan Administrator as outlined in Commission Order No.
30425;
2. The Applicant provides necessary reports and contributions appropriate to the Idaho
Universal Service Fund, Idaho Telecommunications Relay Services, Idaho
Telecommunications Service Assistance Program, and complies with all future
reporting requirements deemed appropriate by the Commission for competitive
telecommunications providers;
3. Prior to issuance of the CPCN certificate, the Applicant files a final price list
outlining all its rates, terms, and conditions with the Commission;
4. The Applicant provides three reports to the Commission indicating the number of
basic local exchange customers it has and the services being offered. These reports
will be due as follows:
a. October 1, 2024;
b. January 2, 2025; and
c. April 1, 2025.
If the Applicant fails to provide the three reports, the Applicant shall relinquish its
CPCN certificate and all telephone numbers it has been assigned or the Commission
will by its order revoke the Company's CPCN certificate; and
5. If the Applicant is not providing basic local exchange service by the time the third
report is due, the Commission, by its order, will revoke the Company's CPCN
certificate.
STAFF COMMENTS 3 July 3, 2024

Respectfully submitted this Yd day of July 2024.
Michael Duval
Deputy Attorney General
Technical Staff. Johan E. Kalala-Kasanda
I:\Utility\UMISC\COMMENTS\FYB-T-24-01 Comments.docx
STAFF COMMENTS 4 July 3, 2024

i
CERTIFICATE OF SERVICE
i
I HEREBY CERTIFY THAT I HAVE THIS DAY OF JULY 2024,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN CASE
i
NO. FYB-T-24-01, BY E-MAILING A COPY THEREOF TO THE FOLLOWING:
PHILLIP R MARCHESIELLO
WILKINSON BARKER KNAUER
1800 M ST NW STE 80ON
WASHINGTON DC 20036
E-MAIL: pmarchesielloL twbklaw.com
K13ohorgucz(c wbklaw.com
PATRICIA JORDAN, SECRETARY
CERTIFICATE OF SERVICE