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HomeMy WebLinkAbout20250303APPLICATION.pdf RECEIVED March 3, 2025 IDAHO PUBLIC UTILITIES COMMISSION BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Application of Ezee Fiber Texas, LLC. for ) a Certificate of Public Convenience and ) DOCKET NO. EFT-T-25-01 Necessity to provide local and long distance ) telecommunications service in Idaho ) APPLICATION FOR CERTIFICATION AND REQUEST FOR AUTHORITY Pursuant to the rules of the Idaho Public Utilities Commission (the "Commission"), Ezee Fiber Texas, LLC ("Ezee Fiber" or "Applicant") respectfully applies for a Certificate of Public Convenience and Necessity to provide facilities-based local exchange and interexchange service in Idaho pursuant to Idaho Code Sections 61-526-528 and IDAPA 31.01.01.111 (Rules 111 & 112) as clarified by Commission Order No. 26665. In support of this Application, Applicant submits the following information: I. PROPOSED SERVICES Through this Application and Request for Authority, Ezee Fiber requests authority to offer Idaho citizens facilities-based and resold competitive local exchange telecommunications and interexchange telecommunications services throughout the entire state of Idaho. II. FORM OF BUSINESS 1. Name, Address, and Form of Business Ezee Fiber Texas, LLC 14850 Woodham Dr. Suite B-105 Houston, TX 77073 Phone (713) 255-7500 Toll Free: (833) 327-8104 www.ezeefiber.com 1 The Commission should direct all inquiries and correspondence with respect to this Application to: Jason A. Danowsky Texas Bar No. 24092318 FosterDanowsky, LLP 904 West Ave, Suite 107 Austin, TX 78701 Office: (512) 708-8700 Fax: (512) 697-0058 i danowskygfo sterdanowsky.com Counsel for Ezee Fiber Texas, LLC Ezee Fiber is a limited liability company organized pursuant to the laws of the State of Delaware.Applicant is authorized to conduct business in Idaho as a foreign corporation.Applicant currently has no principal business address within the State of Idaho. Applicant's registered agent for service of process in Idaho is: Incorp Services, Inc. 1310 S. Vista Ave., Suite 28 Boise, ID, 83705 A copy of Applicant's Foreign Corporation Certification are attached as Exhibit 1 hereto. 2. If a corporation, the names and addresses of the ten common stockholders of applicant owning the greatest number of shares of common stock and the number of such shares owned by each, as follows: Copies of Applicant's Organizational Chart is being filed as Confidential Exhibit 2 in a separately sealed envelope marked "Confidential and Proprietary". 2 3. Names and addresses of the officers and directors of Applicant: The principal officers of Applicant are as follows, all of which are addressed at Applicant's headquarters in Houston: OFFICERS Name Title Christine Scott VP, Marketing Floyd Armstead EVP, Chief Technology Officer Garner Duncan VP, Sales Josh Schlensker VP, Residential Sales Ken Bonvillian VP, Sales Operations & External Affairs Matt Burleyson VP,Network Engineering & Operations Matt Demuro VP, Construction Matt Marino CEO Patrick Hilderbrand EVP, Customer Operations Pedro Checo EVP, Business Services Rachelle Etheridge VP, Finance &Administration Tracey Rivers VP, People DIRECTORS Andrew Crouch Arvind Krishnamurthy Carl Merzi Matthew Marino Ronald Schweizer Thomas W. Sammons 4.Names and addresses of organizations holding 5% or greater ownership or management interests in Applicant: Copies of Applicant's Organizational Chart are being filed as Confidential Exhibit 2 in a separately sealed envelope marked "Confidential and Proprietary". 5. Names and addresses of subsidiaries owned or controlled by Applicant: Not applicable. 3 III. TELECOMMUNICATIONS SERVICE. 1. The date on which applicant proposes to begin construction or anticipates it will begin to provide service: Applicant proposes to begin providing service in the first quarter of 2026. 2.Description of Customer Classes and Customer Services that Applicant proposes to offer to the public: Ezee Fiber will own, control, operate,and manage both telephone lines and conduits in connection with, or to facilitate, communication by telephone for compensation. Ezee Fiber will offer a full range of communications services, including data, local exchange voice services, and interexchange/long distance to business customers. Ezee Fiber provides most, if not all, of its services pursuant to individual-case-based contracts. IV. SERVICE TERRITORY. 1. A description sufficient for determining whether service is to be offered in a particular location; and the names of all incumbent local exchange corporations with whom the proposed utility is likely to compete. Applicant seeks authority to provide local exchange and interexchange services throughout the State of Idaho. It is possible that Applicant's service offering might compete with such entities as Qwest Corporation, Frontier Communications, or other ILECs. 2. Written description of the intended manner of service, for example, resold services or facilities based. A general description of the property owned or controlled by applicant. Applicant may provide services on either a resold or facilities basis.Applicant neither owns nor controls property in the State of Idaho at the present time. 4 3. A statement describing with whom the applicant is likely to compete. Applicant does not know of any direct competitors in Idaho. As explained in the response to Question IV.1, it is possible that some services, such as business telephone lines, will compete with ILECs. 4. A description of the property owned by the applicant clarifies the applicant's proposed services and operation. At present, Applicant neither owns nor controls property in the State of Idaho at this time. V. FINANCIAL INFORMATION. 1. Current detailed balance sheets, including a detailed income and profit and loss statements of applicant reflecting current and prior year balances for the twelve months ended as of the date of the balance sheet, or if not readily available, for the period since the close of the preceding calendar year. Copies of Applicant's Financial Statements are being filed as Confidential Exhibit 3 in a separately sealed envelope marked "Confidential and Proprietary". Included therein are audited 2023 financials of Applicant. VI. "ILLUSTRATIVE" TARIFF FILINGS. Applicant's initial tariff and price sheets are attached hereto as Exhibit 4. VII. CUSTOMER CONTACTS 1. Contact Information for Applicant: a) For consumer inquiries and complaints from the public: Ken Bonvillian VP—External Affairs Ezee Fiber Texas, LLC 14850 Woodham Dr. Suite B-105 Houston, TX 77073 Phone (713) 255-7500 Ken.Bonvilliangezeefiber.com 5 b) Toll-free number for customer inquiries and complaints: (833) 327-8104 c) For resolving complaints, inquiries and matters concerning rates and price lists or tariffs: Ken Bonvillian VP—External Affairs Ezee Fiber Texas, LLC 14850 Woodham Dr. Suite B-105 Houston, TX 77073 Phone (713) 255-7500 Ken.Bonvilliangezeefiber.com VIII. INTERCONNECTION AGREEMENTS. In the State of Idaho, Applicant will seek interconnection negotiations with ILECs and/or commercial agreements with other carriers on an as-needed basis. IX. COMPLIANCE WITH COMMISSION RULES. Attached hereto,as Exhibit 5,is Applicant's written statement affirming that it has reviewed all of the Commission rules and agrees to comply with them. X. ESCROW ACCOUNT OR SECURITY BOND. Applicant does not anticipate requiring advance deposits by its customers at this time. XI. CONSERVATION OF PHONE NUMBERS. Applicant acknowledges that it shall be subject to conversation measures per Commission Rule and Order, including Commission Order No. 30425. 6 WHEREFORE, Ezee Fiber Texas, LLC, requests that the Idaho Public Utilities Commission enter an order granting a Certificate of Public Convenience and Necessity authorizing Ezee Fiber Texas, LLC,to provide resold and facilities-based local exchange telecommunications and interexchange services pursuant to Idaho Code Sections 61-526-528 and IDAPA 31.01.01.111. Respectfully s ed, J Jason A. Dano sky Texas Bar No. 24092 FosterDanowsky, LLP 904 West Ave, Suite 107 Austin, TX 78701 Office: (512) 708-8700 Fax: (512) 697-0058 1 danowskykfo sterdanowsky.com ATTORNEY FOR EZEE FIBER TEXAS, LLC 7