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HomeMy WebLinkAbout20241217CL_CPCN Petition.pdf RECEIVED Tuesday, December 17, 2024 IDAHO PUBLIC UTILITIES COMMISSION SILVER STAR December 17, 2024 Monica Barrios-Sanchez Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd. Bldg. 8, Ste. 201-A Boise, ID 83714 Re: Petition of Millennium Networks, LLC Demonstrating Satisfaction of Criteria to Hold CPCN No. 494; Docket No. MNL-T-24-01 Dear Ms. Barrios-Sanchez: Millennium Networks, LLC ("the Company") hereby files with the Commission its Petition Demonstrating Satisfaction of Criteria to Hold CPCN No. 494 in the above docket. The non-redacted, confidential information is submitted to the Commission separately via express delivery, pursuant to Rule 67 of the Idaho Public Utilities Commission Rules of Procedure and Idaho Code § 9-340D(1). Questions regarding this filing should be directed to my attention as shown below. Sincerely, u 0 Michelle Motzkus Legal & Regulatory Administrator ph: 307-883-6690 ` email: mamotzkus@silverstar.net Enclosures SilverStar.com I PO Box 226 1 Freedom, WY 83120 1877.883.2411 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN RE THE PETITION OF MILLENNIUM NETWORKS, ) LLC DEMONSTRATING SATISFACTION OF CRITERIA ) TO HOLD CPCN NO. 494 ) Case No. MNL-T-24-01 PETITION OF MILLENNIUM NETWORKS, LLC DEMONSTRATING SATISFACTION OF CRITERIA TO HOLD CPCN NO. 494 Millennium Networks, LLC ("Millennium" or "Applicant") hereby submits its Petition demonstrating that Millennium continues to satisfy the criteria for a CPCN,as directed by Commission Order No. 36077. Background On May 21, 2010, pursuant to Commission Order No. 31027, Millennium was issued CPCN No. 494, under which Millennium is authorized to provide telecommunications services within the State of Idaho. Millennium has continuously operated under CPCN No. 494 up to and including the present date. On May 26, 2023, Millennium filed with the Commission its Notice of Acquisition of substantially all of the assets of CTC Telecom, Inc. located in Ada County, Idaho, Case No. MNL-T-23- 01. The acquired assets included, but were not limited to, "... telecommunications equipment and facilities, certain customer and vendor contracts and certain other rights and agreements ...." (Notice at page 1.) In Case No. MNL-T-23-01, Millennium contested the Commission's authority to review the acquisition transaction pursuant to Idaho Code § 61-328. On January 31, 2024, pursuant to Commission Order No. 36077, Case No. MNL-T-23-01 was dismissed and Millennium was ordered by the Commission to file a Petition and supporting materials demonstrating that Millennium still satisfies the criteria for a CPCN. Page 1 of 5 Petition Demonstrating Millennium's Satisfaction of Criteria to Hold CPCN No. 494 I. Proposed Services Millennium currently provides voice and broadband services to over 4,000 customers across the State of Idaho, including in Ada, Bonneville and Madison Counties. Millennium may at some future date provide telecommunications services to prospective customers in other Idaho counties and surrounding states. Millennium is a facilities-based provider that intends to install new and upgrade existing equipment to provide professional-grade telecommunications. Applicant markets its services directly to its current and prospective customers via its website, bill notices and other professional communications, such as radio, television, print media and direct mail marketing material, to inform the public of its available services. II. Form of Business 1. Millennium is a Wyoming limited liability company, registered with the Wyoming Secretary of State on January 29, 2004; see attached certified Good Standing Certificate, issued by the Wyoming Secretary of State (Exhibit "A"). 2. Millennium is registered to do business in the State of Idaho as a foreign limited liability company; a certificate of existence for Applicant issued by the Idaho Secretary of State is attached hereto as Exhibit "B". 3. Millennium's mailing and physical addresses are: Mailing: Physical: Millennium Networks, LLC Millennium Networks, LLC P.O. Box 226 1670 North Highway 33 Freedom, WY 83120 Driggs, ID 83422 Page 2 of 5 4. Millennium's registered agent for service in Idaho is: Aaron Jenkins 1670 North Highway 33 Driggs, ID 83422 III. Telecommunication Service 1. Millennium has the necessary equipment and facilities to provide basic local exchange service. 2. Millennium will continue to provide services to residential and commercial subscribers, in the form of broadband internet access and voice services. IV. Service Territory 1. Applicant competes with CenturyLink/Lumen and other similar wireline service providers. Millennium may compete with Vonage, Skype and other similar VoIP service providers. 2. Millennium's current service areas within the State of Idaho are illustrated on the attached Exhibit "C". 3. Millennium intends to extend and construct facilities and expand the availability of its services within the areas, and potentially other areas, as illustrated on the attached Exhibit "C". 4. Millennium provides its services primarily over fiber optic facilities, which contain needed bandwidth for services provision. Millennium's services are provided utilizing a combination of its own facilities, that of its affiliate Columbine Telephone Company, Inc. and as a provider on the Idaho Falls, Ammon and SilverLight fiber open access networks. V. Financial Information Millennium's operations are audited in conjunction with its parent company, Horizon Communications, Inc., which owns 100% of Millennium's membership interest. Provided herewith and attached hereto as Exhibit "D" as confidential information pursuant to Rule 67 of the Idaho Rules Page 3 of 5 of Procedure are the financial statements of Horizon Communications, Inc. and Millennium Networks, LLC. Millennium is financially qualified to operate within the State of Idaho and has sufficient capital to fulfill its obligation with respect to its operations and services it provides. VI. Illustrative Tariff Filings Millennium's price schedule amended to reflect its current service offerings is on file with the Commission, having received approval on August 1, 2023. VI 1. Customer Contacts 1. The name, address, telephone number, and electronic mailing address of the person responsible for consumer inquiries and complaints from the public is: Krista Cook Customer Success Supervisor P.O. Box 226 Freedom, WY 83120 Telephone: (208) 354-6708 Telefax: (208) 354-6750 Email: kcook@silverstar.net 2. Millennium's toll-free number for customer inquiries and complaints is 877-883-2411. 3. The name, number and electronic mailing address of the person designated as a contact for Commission Staff to resolve complaints, inquiries and matters concerning rates and price lists or tariffs is: Michelle Motzkus Legal & Regulatory Administrator P.O. Box 226 Freedom, WY 83120 Telephone: (307) 883-6690 Telefax: (307) 883-2575 Email: mamotzkus@silverstar.net Page 4 of 5 Vill. Interconnection Agreements Millennium has negotiated an interconnection agreement in the State of Idaho with Qwest through its affiliates Silver Star Telephone Company, Inc. and Columbine Telephone Company, Inc. Millennium will initiate such other interconnection negotiations as needed. IX. Compliance with Commission Rules Millennium has reviewed all of the Commission rules and respectfully states it does presently comply, and agrees to continue to comply, with them or to make a request for waiver of those rules believed to be inapplicable. X. Escrow Account or Security Bond Millennium does not currently, nor does it intend to, require advance customer deposits. Conclusion Millennium respectfully submits that it continues to meet the requirements necessary to hold its CPCN No 494 and requests that the Commission enter a confirmatory Order in this matter. Millennium further requests that the Commission process this Petition under Modified Procedure and enter its Order at the earliest possible date. RESPECTFULLY SUBMITTED this 16th day of December, 2024. Millennium Networks, LLC Michelle Motzkus Legal & Regulatory Administrator ph: 307-883-6690 email: mamotzkus@silverstar.net Page 5 of 5 EXHIBIT "A" STATE OF WYOMING Office of the Secretary of State I, CHUCK GRAY, Secretary of State of the State of Wyoming, do hereby certify that according to the records of this office, Millennium Networks, LLC is a Limited Liability Company formed or qualified under the laws of Wyoming did on January 29, 2004, comply with all applicable requirements of this office. Its period of duration is Perpetual. This entity has been assigned entity identification number 2004-000461283. This entity is in existence and in good standing in this office and has filed all annual reports and paid all annual license taxes to date, or is not yet required to file such annual reports; and has not filed Articles of Dissolution. I have affixed hereto the Great Seal of the State of Wyoming and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Cheyenne, Wyoming on this 4th day of December, 2024 at 11:58 AM. This certificate is assigned ID Number 078742228. Secretary of State r Notice: A certificate issued electronically from the Wyoming Secretary of State's web site is immediately valid and effective. The validity of a certificate may be established by viewing the Certificate Confirmation screen of the Secretary of State's website https://wyobiz.wyo.gov and following the instructions displayed under Validate Certificate. STATE OF WYOMING * SECRETARY OF STATE BUSINESS DIVISION Herschler Bldg East, Ste.100 & 101, Cheyenne, WY 82002-0020 Phone: 307-777-7311 • Website: https:Hsos.wyo.gov • Email: business@wyo.gov Validation of Certificate of Good Standing for Certificate Issued 12/04/2024 Validation Certificate Generated: December 4, 2024 Certificate number 078742228 is a valid number for a certificate of good standing issued by the Wyoming Secretary of State's office for Millennium Networks, LLC, a Limited Liability Company formed or qualified under the laws of Wyoming on 01/29/2004. EXHIBIT "B" 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 December 4, 2024 Request Type: Certificate of Existence/Filing Issuance Date: 12/04/2024 Request#: 0006006223 Copies Requested: 0 Receipt#: 001070581 Regarding: MILLENNIUM NETWORKS, LLC Filing Type: Foreign Limited Liability Company File# : 361253 Formation/Qualification Date: 09/24/2012 Status: Active-Existing Formation Locale: WYOMING 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 MILLENNIUM NETWORKS, LLC is a Limited Liability Company formed in the jurisdiction set forth above and is authorized to transact business in this State. Phil McGrane Idaho Secretary of State Processed By: Business Division Verification #: 031753023 Phone: 208-334-2301 * Email: business@sos.idaho.gov * Website: sosbiz.idaho.gov EXHIBIT "C" r v N I `O � N o r `o F o � � Y � Z U .° I u O �1 I u -Z N 7 O M Zvi n �i o I o I s {� "® ID o I® I® � � o o i1 as CO I 1 � N ID 4Pr9e�f� I _ N of d 01 Z N 0 O = O C 2 � Z � O C3 + O a a M�� U o �. I o a0 i ` Z C C) r c 3 =3 0 4-' O CY ' N I of _ LL • S �_ G C O LL O O (6 Z N fp O o n LO � '+ LL Z I R s U I � I + m 4 d d C n N p M d 0 CO U- N W Q v U- I O y cc .O I --� co a� mLO O O ° N I a)vo � I 10 zc � Q 75 O O O v sUlb (3) N N f6 Q I (••) O Z C _ N m V I U) Y o 10 3 a COco Z N, ° v I E T col ~ c �_ EXHIBIT "D" CONFIDENTIAL