20240805Final_Order_No_36280.pdf

Office of the Secretary
Service Date
August 5,2024
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 ) ORDER NO. 36280
SERVICES IN IDAHO )
On March 29, 2024, Fybercom LLC dba Fybercom ("Company" or "Applicant") applied
to the Idaho Public Utilities Commission("Commission") requesting the issuance of a Certificate
of Public Convenience and Necessity ("CPCN") authorizing the Company to offer local
telecommunication exchange services in Idaho ("Application"). On May 6, 2024, the Company
filed a Certificate of Existence with the Idaho Secretary of State. On May 14, 2024, the Company
submitted an amended application("Amended Application") as described below.
On June 7, 2024, the Commission issued a Notice of Application and set deadlines for
public and Commission Staff("Staff') comments and the Company's reply. Order No. 36217.
Staff filed the only comments in this case.
On July 3, 2024, the Company filed another amended Application ("Second Amended
Application"). The Amended Application and Second Amended Application further demonstrated
conformance with the Commission's requirements for the issuance of a CPCN by providing greater
detail about the Company's proposed service area.
Having reviewed the record,we now issue this Order approving the Company's request for
a CPCN subject to the conditions outlined below.
THE APPLICATION
The Company is incorporated within the State of Idaho and plans to offer service to
businesses that want hosted voice services. The Company will also resell internet bandwidth
enabling it to offer several telecom services to customers including basic telephone service.
The Company asserted that it already has interconnection agreements with large incumbent
providers in other states and will quickly seek such agreements in Idaho.
The Application included a customer contact for complaints and inquiries. The Company
also filed financial statements. The Company asserted it would comply with Commission rules
ORDER NO. 36280 1

and orders. The Company acknowledged that it will have certain obligations related to conserving
telephone numbers if the Commission grants its request for a CPCN.
The Amended Application and Second Amended Application provided greater detail about
the Company's compliance with Commission mandates. This included more information about the
Company's proposed service area. Maps outlining the Company's service area are attached to the
Company's Second Amended Application.
STAFF COMMENTS
Staff reviewed the record and recommended approval of the Company's Application
subject to certain conditions discussed below. Staff believed that the Company understood its legal
obligations and that its Application (including the Amended Application and Second Amended
Application) met the requirements set forth in Commission Rule of Procedure 114, IDAPA
31.01.01.114,and Order No.26665. Staff stated that the Company had provided appropriate details
concerning the services it intends to offer and principal place of business. Staff noted that the
Company's intended service area mirrors Century Link's service area. Staff also believed that the
Company had the ability and financial capacity to provide telecommunication services within the
State of Idaho. Based on the information provided by the Company, Staff recommended approval
of the Company's request for a CPCN 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, and
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, 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.
ORDER NO. 36280 2

If the Applicant fails to provide the three reports, the Applicant shall relinquish its
CPCN and all telephone numbers it has been assigned or the Commission will by
its order revoke the Company's CPCN; 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.
Staff Comments at 3.
COMMISSION FINDINGS AND DECISION
Based on our review of the record,we find that the Company's Application and subsequent
filings comply with the requirements to obtain a CPCN in Idaho. Rule of Procedure 114 sets the
requirements that competitive local exchange carriers—such as the Company—must satisfy to
obtain a CPCN. IDAPA 31.01.01.114. Excepting those items enumerated above,the Company has
provided all necessary information in its Application and subsequent filings—including financial
information. With that necessary caveat, we find that the Company has satisfied Rule 114.
Likewise,the Commission trusts that the Company has reviewed, and agreed to comply with, this
Commission's rules. We thus find it reasonable to approve the Company's request for a CPCN,
subject to all the conditions set forth in Staffs Comments.
ORDER
IT IS HEREBY ORDERED that the Company's request for a CPCN is granted subject to
the conditions outlined in Staff s Comments.
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 § 61-626 and 62-619.
ORDER NO. 36280 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 5", day of
August 2024.
ERI NDE SON, PRESIDENT
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R. MMOND JR., COMMISSIONER
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EDWARD LODGE, C MISSIONER
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Commission Secret
I:\Legal\TELECOM\FYBT2401\orders\FYBT2401_Final_md.docx
ORDER NO. 36280 4