20250714Staff Comments.pdf

RECEIVED
July 14, 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 EZEE FIBER TEXAS,LLC FOR A ) CASE NO. EFT-T-25-01
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY TO PROVIDE LOCAL AND )
LONG-DISTANCE ) COMMENTS OF THE
TELECOMMUNICATIONS SERVICE IN ) COMMISSION STAFF
IDAHO )
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. 36650 issued on June 23, 2025, submits the following
comments.
BACKGROUND
On March 3, 2025, Ezee Fiber Texas, LLC ("Company") applied to the Commission
requesting a Certificate of Public Convenience and Necessity("CPCN"),authorizing the Company
to provide Idaho residents with facilities-based and resold competitive local exchange and
interexchange telecommunications services throughout the entire state of Idaho. Application at 1.
On May 13, 2025, the Company submitted amendments to its Application ("Amended
Application") that included a map of its proposed service area, corrected citations to the Idaho
STAFF COMMENTS 1 JULY 14, 2025

Administrative Procedures Act ("IDAPA"), and clarified that the Company does not plan to
provide services in areas served by rural local exchange carriers, as exempted in Section 251 of
the Federal Telecommunications Act of 1996. Amended Application at 1.
STAFF ANALYSIS
Staff reviewed the Company's Application, Amended Application, Exhibits, Amended
Exhibits, and all additional information provided by the Company. Based on its review, Staff
recommends approval of the Company's Amended Application for a CPCN to provide facilities-
based local exchange and interexchange service in Idaho. Staff finds that the Company's Amended
Application meets the requirements of IDAPA 31.01.01.114 ("IDAPA Rule 114") and
Commission Order No. 26665.
Pursuant to IDAPA Rule 114 and Commission Order No. 26665, in order to be granted a
CPCN, the Company is required to provide the following information: (1) its name, address, and
form of business; (2) a map and a description of its services and territory where the services will
be provided; (3)its financial Information; (4)its proposed initial tariffs or price sheets setting forth
rates, rules, terms, and regulations applicable to the contemplated service; (5) its tariff and
customer contact information; (6)copies of any interconnection agreements that have been entered
into; (7)a written statement pertaining to the Company's compliance with Commission Rules; and
(8) an acknowledgment of compliance measures for conservation of telephone numbers.
In compliance with requirement one, the Company stated that it is a limited liability
company organized under the laws of the State of Delawares. Amended Application at 2. The
Company noted that it is headquartered at 14850 Woodham Dr., Suite 13-105,Houston, TX 77073.
Id. at 1. The Company provided a copy of its Certificate of Registration from the State of Idaho's
Office of the Secretary of State, Filing Number 6020280, and Staff was able to verify this
information via the Idaho Secretary of State's Office. The Company provided the names and
addresses of its directors and officers. Id. at 3. Additionally, the Company submitted its corporate
organizational chart. Amended Application Exhibit 2. Staff finds the information provided by the
Company to be in compliance with the first requirement of IDAPA Rule 114.
In compliance with requirement two, which pertains to the services and territory, the
Company stated that it intends to begin offering services in the first quarter of 2026. Id. at 4. The
Company represented that it will own, control, operate, and manage both telephone lines and
' This is supported by Exhibit 1:Articles of Incorporation and Foreign Corporation Certification
STAFF COMMENTS 2 JULY 14, 2025

conduits in connection with, or to facilitate, communication by telephone for compensation. Id.
The Company represented that it will offer a full range of communications services, including
data, local exchange voice services, and interexchange/long-distance services to business
customers. Id. Additionally, the Company stated that its Application seeks authority to provide
services throughout the State of Idaho. Id. The Company represented that the services provided
may compete with entities such as Qwest Corporation, Frontier Communications, or other
incumbent local exchange carriers. Id. The Company confirmed that it does not intend to provide
services in areas serviced by local exchange companies that are eligible for a small or rural carrier
exemption pursuant to Section 251 of the Federal Telecom Act of 1996. Id. at 5. The Company
has provided a map of its proposed service area. Amended Application Exhibit 6. This fulfills
requirement two.
In compliance with requirement three, regarding financial information, the Company
submitted relevant,latest audited annual financial statements for the calendar year 2023.Amended
Application Exhibit 3. Staff reviewed the financial information and found it to be acceptable. This
fulfills requirement three.
In compliance with requirement four, the Company provided its proposed tariff and
services, along with the corresponding charges. Amended Application Exhibit 4. This fulfils
requirement four.
In compliance with requirement five, the Company provided the name, address, and
telephone number for those persons responsible for tariff and price list questions, as well as
customer complaints and inquiries. Amended Application at 5. This fulfils requirement five.
In compliance with requirement six, the Company stated that it will seek interconnection
negotiations with Incumbent Local Exchange Carriers ("ILEC"s) and/or commercial agreements
with other carriers on an as-needed basis. Amended Application at 6. Staff find this acceptable.
This fulfils requirement six.
In compliance with requirement seven, the Company provided a written affidavit from
the VP of External Affairs, affirming that the Company has "reviewed all of the Commission's
Rules and agrees to comply with them."Amended Application Exhibit 5. Staff accepts the
Company's written statement. This fulfils requirement seven.
In compliance with requirement eight of the IDAPA Rule 114, which relates to the
conservation of telephone numbers, the Company acknowledged that it will be subject to the
STAFF COMMENTS 3 JULY 14, 2025

conservation measures per Commission Rule and Order, including Order No. 30425. Staff finds
this acceptable. Thus, fulfilling requirement eight.
STAFF RECOMMENDATION
Based on its review of the Company's Application, Amended Application, Exhibits,
Amended Exhibits, and all additional information provided by the Company, Staff recommends
approval of the Company's Amended Application for a CPCN, 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. October 14, 2025;
b. January 14, 2026; and
c. April 14, 2026.
5. If the Company is not providing a basic local exchange service byApril 14, 2026, the
Commission, by its order, will revoke the Company's CPCN certificate.
STAFF COMMENTS 4 JULY 14, 2025

Respectfully submitted this 14th day of July 2025.
En a K. Melanson
Deputy Attorney General
Technical Staff. Johan Kalala-Kasanda
1:\Utility\UMISC\COMMENTS\EFT-T-25-01 Comments.docx
STAFF COMMENTS 5 JULY 14, 2025

CERTIFICATE OF SERVICE
h
I HEREBY CERTIFY THAT I HAVE THIS OV�DAY OF JULY 2025, SERVED
THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. EFT-T-25-01, BY E-MAILING A COPY THEREOF, TO THE FOLLOWING:
JASON A. DANOWSKY
ATTORNEY FOR EZEE FIBER TEXAS, LLC
FOSTER DANOWSKY, LLP
904 WEST AVE, SUITE 107
AUSTIN, TX 78701
E-MAIL: jdanowskynfosterdanowskcom
PATRICIA JORDAN, ECRETARY
CERTIFICATE OF SERVICE