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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