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Home My WebLink About20240703Second Amended Application.pdf RECEIVED Monday, July 1, 2024 IDAHO PUBLIC UTILITIES COMMISSION July 1, 2024 Via Electronic Filing Ms. Jan Noriyuki, Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Building 8, Suite 201-A Boise, ID 83714 Re: Second Amendment to Fybercom LLC dba Fybercom, State of Idaho Application for a Certificate of Public Convenience and Necessity to Provide Non-Facilities Based Resold Local Exchange Telecommunications Service; Case No. FYB-T-24-01 Dear Ms.Noriyuki: Fybercom LLC dba Fybercom, State of Idaho ("Fybercom" or"Applicant") hereby files its second amended application for a Certificate of Public Convenience and Necessity to provide non-facilities based resold local exchange telecommunications services within the State of Idaho ("Second Amended Application"). This Second Amended Application is submitted in response to a question from the Idaho Public Utilities Staff received via email from Johan Kalala-Kasanda on June 11, 2024, requesting clarification of Fybercom's responses to IDAPA 31.01.01.114.02, Services and Territory. Enclosed for filing please find one copy of the Second Amended Application, which revises Fybercom's proposed service territory in response to IDAPA 31.01.01.114.02 and provides two new maps of the proposed service territory as supporting documentation. The only other change throughout from the Amended Application is the revision of mention of"Amended Application" to "Second Amended Application" in Fybercom's responses. FYBERCOM HAS ENCLOSED ONE COPY OF ITS FINANCIAL STATEMENTS IN A SEPARATE ATTACHMENT WITH EACH PAGE MARKED "CONFIDENTIAL,"AND RESPECTFULLY REQUESTS CONFIDENTIAL TREATMENT OF THE ENCLOSED FINANCIAL INFORMATION. Due to the competitive nature of the telecommunications industry, Fybercom respectfully requests that this information only be inspected by Staff directly associated with this Second Amended Application and be kept from public disclosure as it contains highly sensitive and proprietary information. If you have any questions or if additional information is required,please do not hesitate to contact the undersigned at(202) 383-3343 or via email at pmarchesiellokwbklaw.com. Respectfully submitted, Is/Phillip R. Marchesiello Phillip R. Marchesiello Wilkinson Barker Knauer, LLP 1800 M Street,NW Suite 80ON Washington, DC 20036 Tel.: (202) 783-4141 Fax: (202) 783-5851 pmarchesiello@wbklaw.com Counsel for Fybercom Enclosure Before the PUBLIC UTILITIES COMMISSION OF IDAHO Boise, Idaho 83714 In the Matter of the ) Second Amended Application of ) Case No. FYB-T-24-01 Fybercom LLC dba Fybercom, State of ) Idaho to Provide Non-Facilities Based ) Resold Local Exchange Services ) Throughout Idaho ) SECOND AMENDED APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE NON-FACILITIES BASED RESOLD LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES Pursuant to IDAPA 31.01.01.114 and Order No. 26665 issued November 7, 1996, Fybercom LLC dba Fybercom, State of Idaho ("Fybercom" or"Applicant") respectfully requests that the Idaho Public Utilities Commission("Commission") grant Fybercom a Certificate of Public Convenience and Necessity to provide non-facilities based resold local exchange telecommunications services within the State of Idaho. In support of its Second Amended Application, Fybercom submits the following: 1. Name, Address, Form of Business i. A short statement of the character of public service in which the entity is engaged. Fybercom intends to offer competitive local exchange services to business customers, including exchange access service, within the State of Idaho, using resold services provided pursuant to a resale arrangement that will be entered into between Fybercom and the Idaho ILEC CenturyLink and/or its affiliates following action on this Second Amended Application by the Commission. Fybercom also provides residential and business broadband services using its own facilities or a combination of its facilities and leased facilities. ii. The entity's name (including any assumed business name) and the state in which it is incorporated or organized. Fybercom LLC, dba Fybercom, State of Idaho iii. The street and mailing addresses of the entity's principal office and of its principal office in Idaho, and email address (if available) Principal Office: 3780 N Yellowstone Hwy Idaho Falls, ID 83401 Registered Agent: Jared Stowell 2138 Quail Ridge Dr. Ammon, ID 83401 i ared(a)fybercom.net iv. A certified copy of the entity's articles of incorporation or certificate of organization if an LLC Fybercom's certificate of existence issued by the State of Idaho Secretary of State's Business Office is set forth in Attachment A and demonstrates that Fybercom is a limited liability company organized under the laws of the State of Idaho. V. The names,titles, and addresses of the entity's officers and directors if the entity is a corporation, or of at least one (1) governor if the entity is an LLC Officers: Jared Stowell, Chief Executive Officer 2138 Quail Ridge Dr. Ammon, ID 83401 Vince Calkins, Chief Technology Officer 3962 Clearfield Lane Ammon, ID 83401 Kort Spencer, Chief Operating Officer 3780 N Yellowstone Hwy Idaho Falls, ID 83401 George Swanson, Chief Human Resources Officer 1074 Bingham Ave. Idaho Falls, ID 83402 Governors/Managers: Jared Stowell, Chief Executive Officer 2138 Quail Ridge Dr. Ammon, ID 83401 vi. The names and addresses of subsidiaries the entity owns or controls. Omega Networks LLC 3780 N Yellowstone Hwy Idaho Falls, ID 83401 SkyNet LLC 3780 N Yellowstone Hwy Idaho Falls, ID 83401 vii. The name and address of any corporation, association, or similar organization holding a five percent(5%) or greater ownership interest or a managerial interest in it, and the amount and nature of the ownership interest, and nature of the management interest. Include a copy of any management agreement with the application. Jared Stowell, CEO: 36.8% stock interest 2138 Quail Ridge Dr. Ammon, ID 83401 Vince Calkins, CTO: 30.2% stock interest 3962 Clearfield Lane Ammon, ID 83401 Dynamic Networks LLC: 33.0% stock interest 461 Parkland Dr. Sandy, UT 84070 2. Services and Territory i. A description of customer classes and customer services that the applicant proposes to offer to the public. The application shall indicate the date on which the applicant proposes to begin construction or anticipates it will begin to provide service in Idaho. Fybercom plans to begin to provide non-facilities based resold local exchange services to business customers in Idaho in July 2024, assuming that Fybercom has successfully negotiated and executed its resale arrangement with CenturyLink and the Commission has acted on this Second Amended Application by then. Fybercom currently provides residential and business broadband services in Idaho. ii. A description sufficient to determine whether service is to be offered in a particular location and the names of incumbent local exchange corporations (ILECs)with whom the proposed utility is likely to compete. The application shall also describe the intended manner of service, e.g., resold services or facilities-based services. Applicant intends to provide resold local exchange service in CenturyLink's service area as set forth in Attachment C. Consequently, Fybercom intends to compete with CenturyLink. iii. A reasonably sized and detailed map showing where the applicant proposes to provide service including exchanges (if different from existing exchanges), rural zones, and local calling areas. If the service area is identical to an incumbent LEC's service area,then applicant may refer to the incumbent's service area. Applicant is proposing to provide resold local exchange service in CenturyLink's service area, except that Applicant does not intend to service areas serviced by LEC's that are eligible for a small or rural carrier exemption pursuant to Section 251 of the Federal Telecom Act of 1996. Applicant provides a reasonably sized and detailed map of the proposed service area in Attachment C and a reasonably sized and detailed map of the proposed service area including exchanges in Attachment D, both showing where the Applicant proposes to provide service. 3. Financial Information - The current detailed balance sheets, including detailed income and profit and loss statements of applicant reflecting current and prior year balance for the twelve (12) months ending as of the date of the balance sheet, or if not readily available, for the period since the close of the preceding calendar year. Fybercom's balance sheet and profit and loss statement for calendar year 2023 are set forth in Attachment B. The latest report, if any. As a privately held company,Fybercom does not prepare annual reports. 4. Tariffs and Price Lists - Proposed initial tariffs or price sheets setting forth rates, rules,terms, and regulations applicable to the contemplated service. Initial tariffs and price lists filings shall be in an electronic form as well as paper. The tariffs and price lists in electronic format will be in computer searchable Adobe Acrobat (PDF), or submitted on a CD-ROM or other format as prescribed by the Commission Secretary. Fybercom will submit a proposed price list for its resold local exchange service offering promptly following Commission action on this Second Amended Application. Fybercom provides broadband services on a de-tariffed basis pursuant to rates, terms, and conditions posted on its website: https://fybercom.net/. 5. Tariff and Customer Contact- The name, address, and telephone number for those persons responsible for tariff and price list questions, as well as customer complaints and inquiries. The application shall state the toll-free telephone number for customer inquiries and complaints. Person responsible for price list questions: Kort Spencer 3780 N Yellowstone Hwy Idaho Falls, ID 83401 208.403.0505 Other customer inquiries and complaints may be directed to: Toll-Free: 844-392-3 748 Email: infogfybercom.net 6. Interconnection Agreements -Whether the applicant has initiated interconnection negotiations and, if so,when and with whom. Include copies of any interconnection contracts which have been completed for the provision of telecommunication services. Applicant has not yet initiated resale negotiations with CenturyLink and does not propose to do so until Commission action on this Second Amended Application. As a result of the resale agreement that Applicant will enter into with CenturyLink,which will enable Applicant to benefit from CenturyLink's interconnection agreements, Applicant will not be required to separately enter into interconnection agreements in Idaho to enable Applicant to provide resold local exchange services in the state. 7. Compliance with Commission Rules Applicant has reviewed the laws and regulations of this Commission governing local exchange telecommunications services in Idaho and will provide service in accordance with all laws, rules, and regulations to the extent they are not preempted by the Federal Telecommunications Act. 8. Conservation of Telephone Numbers Applicant acknowledges that non-paging telecommunications carriers with telephone numbering resources in Idaho shall be subject to numbering conservation measures including mandatory one thousand(1,000)block pooling. 9. Escrow Applicant will not require advance payments or deposits from its customers and therefore no escrow account is being filed. WHEREFORE, Fybercom respectfully requests for the Commission to enter an order granting to a Certificate of Public Convenience and Necessity authorizing Fybercom to provide the services set forth herein in the locations in the State of Idaho set forth herein. Respectfully submitted this 1 day of July, 2024. FYBERCOM LLC DBA FYBERCOM, STATE OF IDAHO By: /s/Jared Stowell Jared Stowell Chief Executive Officer ATTACHMENT A IDAHO CERTIFICATE OF EXISTENCE STATE OF I DA H O y C Phil McGrane I Secretary of State Business Office s��TE o�ti4 450 North 4th Street PO Box 83720 Boise, ID 83720 February 15, 2024 Request Type: Certificate of Existence/Filing Issuance Date: 02/15/2024 Request#: 0005604940 Copies Requested: 0 Receipt#: 000942069 Regarding: FYBERCOM LLC Filing Type: Limited Liability Company(D) File# : 410603 Formation/Qualification Date: 02/20/2014 Status: Active-Existing 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 FYBERCOM LLC is a Limited Liability Company duly formed 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 #: 027441934 Phone: 208-334-2301 * Email: business@sos.idaho.gov * Website: sosbiz.idaho.gov ATTACHMENT B FYBERCOM BALANCE SHEET AND PROFIT AND LOSS STATEMENT CONFIDENTIAL ATTACHMENT C SERVICE AREA MAP BORDERS Idaho Telephone Exchanges FERRY PRIEST LAKE and Company Areas PRIEST SANDPOINT RIVER HOPE OLD CLARK OWN LAKEFORK / BAYVIEW mw f SPIRIT LAKE THDRUM HAYDEN POST ALLS KELLOGG COEUR D'ALENE SETTERS WALLACE HARRISON J MU N ROCK PLUMMER ---1 CREEK ST.MANTES TENSED EVERGREEi� ^960 00RA l� GTE POTLATCH EJ WELLESL BOVILL DEARY MOSCOW Ce n to ry L i n k TROY POTLATCH GENESEE LEO __ J LIAETTA OROFINO PIERCE 1 - BLACKFOOT 14 LENORE PECK1 963 WEIPPE UEWISTON APWAI CRAIGMONT NEZ PERCE KAMIAH 676 KOOSKIA COTTONWOOD GRANGEVILLE ELK CITY WHITE BIRD NORTH FORK RIGGINS 652 SHOUP WARREN SALMON PINE NEW MEADOWS MCCALL 25 0 25 50 CUPRUM YELLOW PINE ELK Miles BEND COUNCIL DONNELLEY CAMBRIDGE LEADORE WARM LAKE INDIAN VALLEY MAY CASCADE CHALLIS - KILGORE MIDVALE ISLAND WEISER PARK DUBOIS OLA CLAYTON GARDEN MONTEVIEW PAVETTE VALLEY LOWMAN STANLEY SWEET ASHTON NEW PLYMOUTH FRUITLAryD i `fll EMMETT HORSESHOE Y - ST ANTHONV NU ACRES BEND IDAHO MACKAY HAMER CITY ATLANTA TERRETON TETONIA PARMA N REXBURG MIDDLETON KETCHUM ROBERTS STAR - WILDER RIGBV DRIGGS CALDWELL ARCO __..... HOMEDALE MERIDIAN BOISE RIVER BOISE RIRIE VICTOR NAMPA PRAIRIE IDAHO FALLS MARSING KUNA IRWIN HAILEV MELBA CAREY SHELLEV FAIRFIELD TIPANUK -- BLACKFOOT MTN HOME ALPIN4 RICHFIELD SPRINGFIELD GLENNS SHOSHONE WAYAN GRANDVIEW FERRY BLISS ABERDEEN GOODING FREEDOM DIETRICH _ NORLA I HAGERMAN ND POCATELLO MINIDOKA BANCROFT WENDELL JEROME - AM FALLS TYHEE LAVA,.. SODA BRUNEAU EDEN PAUL RUPERT HOT SPRINGS BUHL MCCAMMON ARBON SPRINGS JORDHN VALLEY FILER TWIN KIMBERLY RAFT RIVER ,GRACE FALLS BURLEY ROCKLAND CASTLEFORD MURTAUGH MONTPELIER ALBION DOWNEV HOLLISTER MALAD GRASh1ERE OAKLEY ELBA MALTA THREE GREEN PRESTON HOLBROOK PARIS ALMO IDAHO PUBLIC UTILITIES COMMISSION 214116 RPS ATTACHMENT D SERVICE AND EXCHANGE AREA MAP ort o MOYIE Springs Idaho Telephone •Nordman Bonners FE ry •Naples and Company Areas •Coolin •Elira •Colbum Sandpoint Dover•• *Hope Priest River •Sagle Idtowo •Laclede *Clark Fork •Cocolalla *Blanchard Bay*L Regulated Companies •Spirit Lake • *Lakeview•Athol Hau er •Rathdrum • *Hayden *Post Falls St iote Line •Coeur d'Alene Murray • Catal�o Smelterville •••Kellogg e •Osburn• •HarrisonMedimont pneh4st ydrallact M •Worley •Plummer •St.Manes St.Joe • ♦Calder •Benewah •Avery sT sed Santa CD • De S et • •Fernwood Emida 960 •Clarkia otlat&h •Harvard *Princeton Viola •Bovill PeGene •Helmer •Elk River earydrick •Headquarters tta•S uthwickAhsahka GrangemontP k• • •Orofino •PierceCenturyLink fford 963•Greer •Culdesac •Weippe •Reubens • oodland Craigmont • • • •Kamiah inchester Nez Perce •Ferdin6d76 •Kooskia Lowell •Greencreek• Stites •Cottonwood •Keuterville • arwater •Fenn •Gra •Elk City •White ird *Lucille •Gi onsville •Riggins ----652 .•North Fo •Pollock •Warren •Salmon •Baker N Meadows •Cobalt •Tannarsk •Yellow Pine •Ten 25 0 25 50 McCall •Stibnite Miles •Council •Donnely •Leadore Cambridge •May III, *Indian Valley •Midvale •Cascade •Challis •Humphrey •Macks I • Island Park •Kilgore Weiser - --- - - •Clayton •Stanley •Dubois •Payette Banks •Crouch •.Lowman • Garden Valley Ashton Fruitland Sweet Parker •Drummond - •New Plymouth • Gardena • •St.Anthony •Leth Montsur. •Horseshoe Bend •Mackay •Hamer Te on a•Emmett - Terreton Sugar Cily • , Felt Ni •Idaho City - Ald Lake •Rexburg - -•Te nia •Parma •Atlanta •-Howe Middleton Roberts •Thornton • Sun -•Notus .._ Valley 99 Moore • •Menan r • ri s - Wi er •Star• Eagle f •Lost River GCaldwell •Garden City .Ketchum •Arm •Rigby • Heiser--- Homedale eome • Boise •Featherville • Rine actor o,, • Meridian Butte City •Llcon •Marsing Nampa Iona •Halley "• - •Kuna •pine •Idaho Falls •Bowmont —__. •Bellevue ••Atomic City Ammon `--4 Swan Valle Mayfield kIrwin *Melba � -- - � •Shelley _ •Fajeld- �`" *Hill City i r ♦ •Carey • •Shelley A '� Picabo Firth C } � foreland •Murphy JV /_ Rockford • Blackfoot r �' lounta n ome ---- -- �' •Pingree f % •Springfield •'Richfield •Sterling •Fort Hall •Grand View King Hill '• •Glenns Ferry •Gooding.. •ShoshoneAberdeen Hammett Bliss • •,Chubbuck •Bruneau Dietnclv�._. •Tuttle �'� - *Pocatello •Chesterfield •Hagerman •Wendell •American Falls •Inkom •Jerome,. +ij:%.Mimdoka • •Conda '.. Bancroft .-� •Ace uia' - McCammon Eden ,/ q • •Soda Springs •Buhl • •Hazelton peul -^'Fupert •Lava Hot Springs •Filer•Twin Falls •Heyburn •Rockland •Arimo •Grace •Castleford o •Han i n Burley•Declo •Virginia Mter Murtaugh ••Downey Georgetown Albi n •Thatcher •Bennington •Hollister � _ ,•Malta •Montpelie •Ovid •EI a _ •Oxford •Roge ®akle� fialad City •Mink Creek•Paris •Clifton •Bloomington •-Holbrook— •p ram 1 7Djyton Preston •St.Charles •Almo •+Whitney Weston • •Fish haven IDAHO PUBLIC UTILITIES COMMISSION 214116 RPS