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HomeMy WebLinkAbout20250623Notice_of_Application_Order_No_36650.pdf Office of the Secretary Service Date June 23,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) CASE NO. EFT-T-25-01 OF EZEE FIBER TEXAS, LLC FOR A ) CERTIFICATE OF PUBLIC CONVENIENCE ) NOTICE OF APPLICATION AND NECESSITY TO PROVIDE ) LOCAL AND LONG-DISTANCE TELE- ) NOTICE OF COMMUNICATIONS SERVICE IN IDAHO ) MODIFIED PROCEDURE ORDER NO. 36650 On March 3, 2025, Ezee Fiber Texas, LLC ("Company") applied to the Idaho Public Utilities Commission ("Commission") requesting a Certificate of Public Convenience and Necessity authorizing the Company to provide local exchange and interexchange telecommunications services in the State of Idaho. On May 13, 2025, the Company filed an amended application ("Application"). NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company states that it intends to provide facility- based and resold competitive local exchange interexchange telecommunications services throughout Idaho. Application at 1. YOU ARE FURTHER NOTIFIED THAT the Company states that it is a Delaware limited liability company, authorized to do business in the State of Idaho. Id. at 2. YOU ARE FURTHER NOTIFIED that the Company states that it intends to begin offering services in the first quarter of 2026. Id. at 4. The Company represents that it will own, control, operate, and manage both telephone lines and conduits in connection with, or to facilitate, communication by telephone for compensation. Id. The Company represents that it will offer communications services, including data, local exchange voice services, and interexchange/long- distance to business customers.Id. YOU ARE FURTHER NOTIFIED that the Company states that its Application seeks authority to provide services throughout the State of Idaho. Id. The Company represents that the services provided may compete with entities such as Qwest Corporation, Frontier Communications, or other incumbent local exchange carriers.Id. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36650 1 YOU ARE FURTHER NOTIFIED that the Company does not intend to service areas serviced by local exchange companies that are eligible for a small or rural carrier exemption pursuant to § 251 of the Federal Telecom Act of 1996. Id. at 5. The Company has provided its proposed service area. Id. at Exhibit 6. YOU ARE FURTHER NOTIFIED that the Company provided its proposed tariff and proposed services and charges.Id. at Exhibit 4. YOU ARE FURTHER NOTIFIED that the Application and its Exhibits are available for public inspection during regular business hours at the Commission's office. These documents are also available on the Commission's website at www.puc.idaho.gov. Click on the "TELECOM" icon, select"Open Cases," and click on the case number as shown on the front of this document. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Titles 61 and 62 of the Idaho Code. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq. NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission's Rules of Procedure, IDAPA 31.01.01.201 through .204. The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this Application may file a written comment explaining why the person supports or opposes the Application. Persons who would like a hearing must specifically request a hearing in their written comments. Persons interested in filing written comments must do so within 21 days of the service date of this Order. Comments must be filed through the Commission website or by e- mail unless computer access is unavailable. To comment electronically, please access the Commission's website at www.puc.idaho.gov. Click the"Case Comment Form"and complete the form using the case number as it appears on the front of this document. To file by e-mail, the customer must e-mail the comments to the Commission Secretary and the Company at the e-mail NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36650 2 addresses listed below. If computer access is unavailable, then comments may be mailed to the Commission and the Company at these addresses: For the Idaho Public Utilities For the Company: Commission: Commission Secretary Jason A. Danowsky Idaho Public Utilities Commission Attorney for Ezee Fiber Texas, LLC P.O. Box 83720 Texas Bar No. 24092318 Boise, ID 83720-0074 FosterDanowsky, LLP secretary&puc.idaho.gov 904 West Ave, Suite 107 Austin, TX 78701 Street Address for Express Mail: jdanowskykfosterdanowsk. 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, Idaho 83714 YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within 28 days of the service date of this Order. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set,the Commission will consider this matter on its merits and enter its order without a formal hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing. ORDER IT IS HEREBY ORDERED that the Company's Application be processed by Modified Procedure. Persons interested in submitting written comments must do so within 21 days of the service date of this Order. The Company must file any reply comments within 28 days of the service date of this Order. 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 APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36650 3 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 23rd day of June 2025. EDWARD LODGE, P DENT 9��= R. HAMMOND JR., COMMISSIONER DAMN HA IE, OMMISSIONER ATTEST: I jg-lp� Momc Bd'M`os-Sahchez Commission Secretary I:\Lega1\TELEC0M\EFTT2501_CPCN\EFTT2501_not_app_mod_em.docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36650 4