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HomeMy WebLinkAbout20250611Interlocutory_Order_No_36634.pdf Office of the Secretary Service Date June 11,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF TRUCONNECT ) CASE NO. TCC-T-24-01 COMMUNICATIONS, INC.'S ) APPLICATION FOR DESIGNATION AS ) NOTICE OF SECOND AN ELIGIBLE TELECOMMUNICATIONS ) SUPPLEMENTAL COMMENT AND CARRIER ) REPLY DEADLINES ORDER NO. 36634 On March 4, 2024, TruConnect Communications, Inc. ("Company") applied to the Idaho Public Utilities Commission ("Commission") for designation as an Eligible Telecommunications Carrier("ETC") in the State of Idaho. The Company requested designation as an ETC for the sole purpose of providing Lifeline services. The Company asked that it be allowed to participate and receive reimbursement from the Idaho Telephone Service Assistance Program accordingly. On June 20, 2024, the Commission issued a Notice of Application and set deadlines for public comments and the Company's reply. Order No. 36227. The Company submitted materials supplementing its Application on July 9, 2024. On July 11, 2024, Staff submitted comments, arguing that the Company's request for ETC status should be denied. Among other things, Staff asserted that the Company failed to meet the necessary requirements for an ETC to remain functional in an emergency and promote the public interest. On July 18, 2024, the Company submitted reply comments, arguing that the items of non- compliance referred to by Staff were not actually requirements for obtaining ETC status. Therefore, the Company contended it should not be denied ETC status for not submitting these non-mandatory items. After reviewing the reply comments, Staff recommended that the Commission issue a Notice of Supplemental Comment and Reply Deadlines to allow the parties to submit additional documentation and analysis for consideration by the Commission. The Commission adopted Staff's recommendation and ordered a supplemental period accordingly. Order No. 36284. NOTICE OF SECOND SUPPLEMENTAL COMMENT AND REPLY DEADLINES ORDER NO. 36634 1 On August 15, 2024, the Company moved to stay this case for six months. The Company explained that this would give its corporate parent time to decide on the future of TCC and Sage Telecom Communications, LLC dba TruConnect ("Sage")—an affiliate telephone company operating in Idaho. Staff did not oppose this request. On August 16, 2024, Staff filed supplemental comments. In these comments, Staff explained that they believed TCC's corporate parent did not intend for both TCC and Sage to provide the same services in the same area while operating under separate ETC designations. Instead, the companies were to have different owners or be sufficiently distinct to justify separate designations. Because the Company had yet to decide which path to take, Staff recommended that the Commission stay the case for up to six months so the Company could finalize its plan. The Commission directed Staff to recommend the appropriate course of action once the six-month stay elapsed or TCC and Sage's futures became clear. On October 4, 2024, the Commission stayed this case for six months to give the Company time to determine its path forward. During the Commission's May 20, 2025, Decision Meeting, Staff presented a decision memorandum recommending that the Commission establish a second set of supplemental comment deadlines to conclude this case. According to Staff, this would give all parties the opportunity to address the impact of a written certification TCC's corporate parent would file regarding its plans for TCC and Sage on the Company's application for ETC designation. The Commission now issues this Notice of Second Supplemental Comment and Reply Deadlines. COMMISSION DECISION Having reviewed the record, we find it reasonable to provide the parties and public an opportunity to submit supplemental comments and supplemental reply comments addressing the impact of the certification that the Company's corporate parent has filed. This finding is based on Staffs representation that the certification will show that the Company's corporate parent will not permanently maintain two identical ETCs in Idaho. Accordingly, we find that it is reasonable to grant Staff 14 days from the service date of this Order to file its second set of supplemental comments and the Company 21 days from the service date of this Order to file its second supplemental reply. NOTICE OF SECOND SUPPLEMENTAL COMMENT AND REPLY DEADLINES ORDER NO. 36634 2 ORDER IT IS HEREBY ORDERED that Staff has 14 days from the service date of this Order to file its second set of supplemental comments and the Company 21 days from the service date of this Order to file its second supplemental reply. 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. THIS IS AN INTERLOCUTORY ORDER rather than a final and appealable order of the Commission. While the Commission may review, stay,or clarify an interlocutory order,the period of reconsideration will not begin until the Final Order is issued. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this I Ith day of June 2025. G EDWARD LODGE, PRE ENT t-L J R. HAMMOND JR., COMMISSIONER DAMN HA IE, OMMISSIONER ATTEST: 001—ce'., MA c B - ez Commission Secre ary I:\Legal\TELECOM\TCCT2401\orders\TCCT2401_Ntc_Supp2_at.docx NOTICE OF SECOND SUPPLEMENTAL COMMENT AND REPLY DEADLINES ORDER NO. 36634 3