20250612Staff Comments.pdf

RECEIVED
June 12, 2025
ERIKA K. MELANSON IDAHO PUBLIC
DEPUTY ATTORNEY GENERAL UTILITIES COMMISSION
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
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 WEST FIBER,LLC FOR A CERTIFICATE ) CASE NO. WFL-T-25-02
OF PUBLIC CONVENIENCE AND )
NECESSITY TO PROVIDE LOCAL )
EXCHANGE TELECOMMUNICATIONS ) COMMENTS OF THE
SERVICES WITHIN THE STATE OF IDAHO ) 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. 36612 issued on May 22, 2025, submits the following
comments.
BACKGROUND
On March 17, 2025, West Fiber, LLC, doing business as HyperFiber("Company"),
applied to the Commission requesting a Certificate of Public Convenience and Necessity
("CPCN") authorizing the Company to provide local exchange telecommunications services in
the State of Idaho, pursuant to IDAPA 31. 01. 01. 114 and Commission Order No. 26665. On
March 21, 2025, the Company submitted an amendment to its application("Amended
Application") in compliance with Section 251 of the Federal Telecommunication Act of 1996.
STAFF COMMENTS 1 JUNE 12, 2025

STAFF ANALYSIS
Staff reviewed the Company's Amended Application. Staff believes that the Company
understands the Commission's rules and requirements related to the provision of
telecommunication services in Idaho. The Company's Amended Application fulfills the
requirements outlined in 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 local exchange telecommunications services.
The Company confirmed that it is a limited liability company incorporated in the state of
Delaware. Its legal name is West Fiber LLC, doing business as HyperFiber. The Company is
headquartered at 400 Chesterfield Center, Suite 600, Chesterfield, MO 63017. Amended
Application at 1. The Company is a wholly owned subsidiary of HyperFiber, LLC, which is also
located at 400 Chesterfield Center, Suite 600, Chesterfield, MO 63017. Id at 2.
The Company asserted that it is authorized to do business in the State of Idaho as a
foreign limited liability company'. Amended Application at Exhibit 2. The Company confirmed
that it has a registered agent for service in Idaho, named Northwest Registered Agent LLC,
located at 784 South Clearwater Loop, Suite B, Kootenai County, Post Falls, ID 83854.
Amended Application at 2. The Company submitted the name and address of its members and
officers, as well as relevant corporate financial information of its parent company, HyperFiber
LLC. Id.
The Company stated that it intends to provide fiber optic facilities-based point-to-point
private line services throughout the State of Idaho, except in areas serviced by local exchange
carriers that are eligible for small or rural exemption, pursuant to Section 251 of the Federal
Telecommunications Act of 1996. Id at 1-2. The Company confirmed that it has not yet begun
operation, as it is awaiting the outcome of this Amended Application, and that it intends to
initiate construction as soon as it receives certification from the Commission. Id. The Company
also provided its proposed tariff and services, along with the corresponding charges. Amended
Application at Exhibit 5.
The Company provided a map of incumbent local exchange carriers ("ILECs") Service
Areas showing its proposed service and exchange areas. Amended Application at Exhibit 3.
' This was verified by Staff on the Idaho Secretary of State website.
STAFF COMMENTS 2 JUNE 12, 2025

The Company stated that, in these service territories, it is likely to compete with ILECs, such as
Pine Telephone System, Inc., Potlatch Telephone Company (doing business as TDS Telecom),
and Qwest Corporation(doing business as CenturyLink QC).
STAFF RECOMMENDATION
Staff recommends approval of the Company's Amended Application and the granting of
a CPCN certificate to the Company to provide local exchange telecommunications services
within the State of Idaho, 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, and Idaho
Telecommunications Service Assistance Program. It 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 12, 2025;
b. December 12, 2025; and
c. March 12, 2026.
5. If the Company is not providing a basic local exchange service by March 12, 2026,
the Commission,by its order, will revoke the Company's CPCN certificate.
STAFF COMMENTS 3 JUNE 12, 2025

Respectfully submitted this 12th day of June 2025.
Erika K. Melanson
Deputy Attorney General
Technical Staff: Johan Kalala-Kasanda
I:\Utility\UMISC\COMMENTS\WFL-T-25-02 Comments.docx
STAFF COMMENTS 4 JUNE 12, 2025

CERTIFICATE OF SERVICE
36,
I HEREBY CERTIFY THAT I HAVE THIS DAY OF JUNE 2025, SERVED
THE FOREGOING COMMENTS OF THE COMMISSION STAFF , IN
CASE NO. WFL-T-25-02, BY E-MAILING A COPY THEREOF, TO THE FOLLOWING:
CRAIG GILLEY
VENABLE LLP
600 MASSACHUSETTS AVE, NW
WASHINGTON, DC 20001
E-MAIL: ca ig lleygvenable.com
u
PATRICIA JORDAN, ECRETARY
CERTIFICATE OF SERVICE