Loading...
HomeMy WebLinkAbout20250319Notice_of_Investigation_Order_No_36514.pdf Office of the Secretary Service Date March 19,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE INVESTIGATION ) CASE NO. GNR-T-25-05 INTO ZIPLY FIBER OF IDAHO,LLC AND ) ZIPLY FIBER NORTHWEST,LLC ) NOTICE OF INVESTIGATION ORDER NO. 36514 Ziply Fiber of Idaho,LLC and Ziply Fiber Northwest,LLC(collectively"Companies")are related telecommunication companies that, along with several other related entities, provide telecommunications service in several locations around Idaho. The Companies are "telephone corporations" offering "telecommunication services" as defined by Idaho Code § 61-121 and are public utilities regulated by the Idaho Public Utilities Commission ("Commission"). Idaho Code §§ 61-121, -129. BACKGROUND In response to customer complaints, Commission Staff ("Staff') conducted an initial inquiry into the Companies. This initial inquiry led Staff to believe that the Companies had failed to adequately maintain their systems, leaving customers in certain areas without reliable service due to crosstalk, static, or other transmission problems. Additionally, Staff believed that the Companies have failed to respond timely to service outage reports from customers as required by Telephone Customer Relations Rule 502, IDAPA 31.41.01.502. Staff also learned that some customers understand the Companies instructed their technicians to disregard customer requests that might require infrastructure investment. At the Commission's March 4, 2025, Decision Meeting, Staff presented a decision memorandum recommending the Commission vacate its prior decision to issue a Notice of Hearing and Order to Show Cause to the Companies in Case No. GNR-T-25-02. Staff believed that an investigation will provide a better understanding of the status of the Companies' systems and their provision of services. Additionally, if the investigation reveals any deficiencies, Staff asserted that an investigation would provide the Parties greater flexibility to address them without further formal Commission action(which still could occur depending on the outcome of the investigation and the Companies' willingness to address the quality of service issues). NOTICE OF INVESTIGATION ORDER NO. 36514 1 We find it reasonable to direct Staff to investigate the Companies under our statutory authority and jurisdiction under the Idaho Public Utilities Law, specifically Idaho Code § 61-501. The purpose of this investigation is to ensure the Companies are complying with Idaho law and Commission mandates. Staff s investigation should include, but is not limited to, whether the Companies have (1) attempted to charge customers in an unreasonable fashion; (2) failed to maintain adequate service; (3) failed to adequately respond to customer complaints; and(4) failed to comply with the Commission's requirements to withdraw or discontinue service to a service area(s). We further direct Staff to investigate what further steps, if any, should be taken to comply with Idaho Public Utilities Law and to report back if additional process is required. We direct the Companies to respond to all discovery requests and inquiries made by Staff. Once Staff completes its investigation it shall make a recommendation to the Commission regarding whether the Companies are in compliance with Idaho Public Utilities Law and Commission mandates and whether any further action is necessary to comply with Idaho law. ORDER IT IS HEREBY ORDERED that Commission Staff shall investigate Ziply Fiber of Idaho, LLC and Ziply Fiber Northwest, LLC. Staff shall provide a recommendation to the Commission for further action when it has concluded its investigation. IT IS FURTHER ORDERED that Ziply Fiber of Idaho, LLC and Ziply Fiber Northwest, LLC shall respond to Staff inquiries and cooperate with Staff s investigation. Staff is directed to issue production requests, written interrogatories, or other forms of discovery necessary to pursue its statutory right to examine and audit the records of their affiliates, and parent entities as they relate or pertain to the provision of telecommunications service in Idaho. IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be deemed timely filed when received by the Commission Secretary.See Rule 14.02. Service between parties should continue to be accomplished electronically when possible. However, voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. NOTICE OF INVESTIGATION ORDER NO. 36514 2 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 19th day of March 2025. G EDWARD LODGE, PRtAIDENT J R. HAMMOND JR., COMMISSIONER Recused DAYN HARDIE, COMMISSIONER ATTEST: Aw.. M arr s- n Commission Secreta IALegal\TELECOM\GNRT2505_invest\GNRT2505_Invest_at.docx NOTICE OF INVESTIGATION ORDER NO. 36514 3