20240724Final_Order_No_36271.pdf

Office of the Secretary
Service Date
July 24,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CTC TELECOM'S (1) ) CASE NO. CTL-T-23-02
APPLICATION OF FOR AN AMENDED )
CPCN AND (2) PETITION TO ) ORDER NO. 36271
DEMONSTRATE SATISFACTION OF )
REQUIREMNTS TO HOLD CPCN NO. 348 )
AND DESIGNATION AS AN ETC )
On May 26, 2023, CTC Telecom, Inc. ("CTC") applied to amend its Certificate of
Public Convenience and Necessity ("CPCN") No. 348 to relinquish its right to provide voice and
broadband services via fiber in Ada County, Idaho ("Application"). In support of this request, the
Company disclosed that it had sold the telecommunications equipment and facilities used to
provide those services in Ada County to Millennium Networks, LLC ("Millenium"). In response,
Commission Staff("Staff') recommended the Commission open a new case to review the asset
transfer for compliance with Idaho Code § 61-328 and previous Commission orders.
On July 12, 2023, the Commission opened Case No. CTL-T-23-03 to review the asset
transfer for compliance with Idaho Code § 61-328 and previous Commission orders. Order No.
35852. The Commission subsequently concluded that Idaho Code § 61-328 did not authorize
reviews of asset transfers between telecommunication companies, like CTC, and dismissed Case
No. CTL-T-23-03. Order No. 36077. However,the Commission also ordered CTC to demonstrate
it still satisfied the criteria to hold a CPCN and Eligible Telecommunications Carrier ("ETC")
designation. See id.
On April 17, 2024, consistent with the requirements of Order No. 36077, CTC filed a
petition in this case presenting information and supporting documentation indicating that it
continued to meet all the requirements to hold a CPCN and ETC designation. Accordingly, CTC
requested an order confirming such. At the Commission's June 18, 2024, Decision Meeting, Staff
presented a decision memorandum recommending approval of the Company's May 26, 2023 and
April 17, 2024, requests.
With this Order, we approve the Company's Application and Petition, confirming that
CTC continues to satisfy the requirements of(1)holding CPCN No. 348 as amended by this Order;
and(2) designation as an ETC.
ORDER NO. 36271 1

THE APPLICATION
CTC seeks to amend CPCN No. 348 to relinquish its rights to provide voice and
broadband services via fiber in Ada County. The Company seeks to relinquish these rights because
it has sold the telecommunications equipment and facilities to provide those services to customers
in Ada County to Millenium, along with certain customer and vendor contracts, and certain other
rights and agreements between CTC and third parties. Despite intending to withdraw voice and
broadband services,CTC indicated that it is providing fixed wireless services in Ada County under
the assumed name "Wilderness Wireless" and does not seek removal of the right to provide that
service from CPCN No. 348.
THE PETITION
CTC subsequently seeks an order confirming that it continues to satisfy the
requirements to hold CPCN No. 348 and ETC designation. CTC asserts that, despite having sold
substantially all its assets used to provide voice and broadband service over fiber in Ada County,
it still satisfies the requirements to hold CPCN No. 348. To support this assertion, the Company
provided information about the services it still provides, its service territory, tariffs, and pertinent
financial information, indicating some of this information was already on file with the
Commission. Regarding ETC designation requirements, CTC asserts that "[n]one of the
information provided in [its] original [A]pplication regarding [its] network, facilities or services
has changed" following the sale of its assets in Ada County. Petition at 5.
STAFF COMMENTS
Staff confirmed that CTC meets the requirements to hold CPCN No. 348 despite
transferring certain telecommunications equipment to Millennium. Additionally, Staff agrees that
CPCN No. 348 should be amended to reflect that CTC no longer provides basic local exchange
services in Ada County, but will continue providing fixed wireless services there. Staff also
confirmed that CTC still satisfied the requirements for ETC designation. Accordingly, Staff
recommended approval of both the Application and Petition.
COMMISSION FINDINGS AND DECISION
The Commission has authority to issue CPCNs to telecommunications companies
providing basic local exchange service.Idaho Code §§ 61-527, 62-604. The Commission also has
authority to grant ETC designation to a telecommunications carrier under federal and state law. 47
U.S.C. § 214(e);Idaho Code §§ 62-610D and 62-615(1). After reviewing the record,including the
Company's Application, Petition, and Staff s Comments, we find that CTC continues to satisfy
ORDER NO. 36271 2

the requirements to hold CPCN No. 348 and to be designated an ETC in Idaho. Additionally,
because CTC has sold the assets necessary to provide voice and broadband services via fiber in
Ada County,we find it reasonable to grant CTC's Application to amend CPCN No. 348. We direct
the Company to file an amended CPCN No. 348 reflecting the changes requested in the Application
as a compliance filing within 30 days of the serviced date of this order.
ORDER
IT IS HEREBY ORDERED that the Company's Application to amend CPCN No. 348
to reflect that it no longer provides voice and broadband services via fiber or basic local exchange
service in Ada County, Idaho, is granted.
IT IS FURTHER ORDERED that the Company must file an amended CPCN No. 348
reflecting the changes requested in the Application as a compliance filing within 30 days of the
serviced date of this order.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order about any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration.Idaho Code § 62-619.
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 24th day
of July 2024.
ERIC ANDERSON, PRESIDENT
HN R. HAMMOND, JR., COMMISSIONER
G
EDWARD LODGE, COMMISSIONER
ATTES
nic;a B - z
Commission Secretary
I:\Legal\TELECOM\CTLT2302_fmal_at.docx
ORDER NO. 36271 3