HomeMy WebLinkAbout20250610Staff Comments.pdf RECEIVED
June 10, 2025
ERIKA K. MELANSON IDAHO PUBLIC
DEPUTY ATTORNEY GENERAL UTILITIES COMMISSION
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
(208) 334-0320
IDAHO BAR NO. 11560
Street Address for Express Mail:
11331 W CHINDEN BLVD, BLDG 8, SUITE 201-A
BOISE, ID 83714
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF METRO FIBERNET,LLC FOR ) CASE NO. MFN-T-25-01
APPROVAL AS A COMPETITIVE LOCAL )
EXCHANGE CARRIER IN THE STATE OF )
IDAHO ) COMMENTS OF THE
COMMISSION STAFF
COMMISSION STAFF ("STAFF") OF the Idaho Public Utilities Commission
("Commission"), by and through its Attorney of record, Erika K. Melanson, Deputy Attorney
General, and in response to Order No. 36603 issued on May 20, 2025, submits the following
comments.
BACKGROUND
On February 18, 2025, Metro Fibernet, LLC ("Company") submitted an Application to
the Commission for designation as a competitive local exchange carrier("CLEC") in the State of
Idaho.
On March 6, 2025, the Company submitted an addendum to its Application ("Application
Addendum"), providing additional information, pursuant to IDAPA 31.01.01.114 and
Commission Order No. 26665. The Company requested that the Commission issue an order
STAFF COMMENTS 1 JUNE 10, 2025
granting it a Certificate of Public Convenience and Necessity ("CPCN") to operate as a CLEC in
the State of Idaho. Application Addendum at 7.
STAFF ANALYSIS
Staff reviewed the Company's Application and Application Addendum. Staff believes
that the Company understands the Commission's rules and requirements related to the provision
of telecommunication services in Idaho. The Company's Application and Application
Addendum fulfill the requirements of IDAPA 31.01.01.114 and Commission Order No. 26665.
Staff also believes that the Company possesses the requisite financial, managerial, and technical
qualifications necessary to operate as a provider of telecommunications services. Based on its
review, Staff recommends that the Commission approve the Company's Application and
Application Addendum, subject to the following conditions.
The Company stated that it is a Nevada limited liability company headquartered at 11880
College Blvd., Suite 100, Overland Park, KS 66210. Application Exhibit B. The Company is
authorized to do business in the State of Idaho' and has confirmed that its registered agent for
service in Idaho is Corporation Service Company, located at 1305 12th Ave. Road Nampa, ID
83686. Application Exhibit C. The Company submitted the names and addresses of its members
and officers, as well as relevant corporate financial information. Application Addendum at 2-3.
Additionally, the Company provided a corporate organizational chart showing that it is a
subsidiary of Metronet Holdings LLC, a Delaware limited liability company. Application
Exhibit A.
The Company confirmed that it intends to construct and install a high-speed fiber optic
network, starting in the Boise and Meridian areas, and will evaluate other cities in Idaho on an
ongoing basis for future builds. The Company anticipates beginning construction in late 2025.
This network will provide voice and internet services to residents,businesses, and wholesale
telecommunications customers, as well as dark fiber and other high-capacity services to
telecommunications providers in Idaho. The services will be delivered through a combination of
facilities-based and resold options. The Company does not plan to offer its services directly to
residential customers in Idaho. Application Addendum at 2-5. The Company also provided its
' This was verified by Staff on the Idaho Secretary of State website.
STAFF COMMENTS 2 JUNE 10, 2025
Business Terms and Conditions between customers and the Company when new fiber services
are provided. Application Exhibit I.
The Company provided maps showing its proposed service and exchange areas.
Application Exhibits F-G. The Company stated that, initially, it intends to compete with
CenturyLink, however, future builds may support the Company also competing with Frontier.
Most importantly, the Company confirmed that it does not intend to provide services in areas
serviced by local exchange carriers that are eligible for a small or rural carrier exemption
pursuant to Section 251 of the Federal Telecommunications Act of 1996. Application
Addendum at 6.
STAFF RECOMMENDATION
Staff recommends approval of the Company's Application and Application Addendum
for designation as a CLEC and the granting of a CPCN certificate, subject to the following
conditions:
1. The Company complies with the number pooling and reporting requirements of the
North American Numbering Plan Administrator as outlined in Commission Order No.
30425.
2. The Company provides necessary reports and contributions appropriate to the Idaho
Universal Service Fund, Idaho Telecommunications Relay Services, 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 certificate, the Company files a final price list
outlining all its rates, terms, and conditions with the Commission.
4. The Company provides three reports to the Commission indicating the number of
basic local exchange customers it has and the services being offered. If the Company
fails to provide the three reports, the Company shall relinquish its CPCN certificate
and all telephone numbers it has been assigned, or the Commission will, by its order,
revoke the Company's CPCN certificate. These reports will be due as follows:
a. September 10, 2025;
b. December 10, 2025; and
STAFF COMMENTS 3 JUNE 10, 2025
c. March 10, 2026.
5. If the Company is not providing a basic local exchange service by March 10, 2026,
the Commission, by its order, will revoke the Company's CPCN certificate.
Respectfully submitted this IOth day of June 2025.
�"W&"...
Erika K. Melanson
Deputy Attorney General
Technical Staff. Johan Kalala-Kasanda
I:\Utility\UMISC\COMMENTS\MFN-T-25-01 Coinments.doex
STAFF COMMENTS 4 JUNE 10, 2025
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS &DAY OF JUNE 2025, SERVED
THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. MFN-T-25-01, BY E-MAILING A COPY THEREOF, TO THE FOLLOWING:
ROSE MULVANY HENRY
METRO FIBERNET, LLC
11880 COLLEGE BLVD., SUITE 100
OVERLAND PARK, KS 66210
E-MAIL: rose.mulvanyhenrykmetronet.com
0
PATRICIA JORDAN, ECRETARY
CERTIFICATE OF SERVICE