20250805Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ERIKA K. MELANSON
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 5, 2025
SUBJECT: IN THE MATTER OF WIRED OR WIRELESS, INC.'S FORMAL
COMPLAINT AGAINST AVISTA CORP.; CASE NO. AVU-E-25-11.
On July 17, 2025, Wired or Wireless, Inc. ("WOW") filed a formal complaint
("Complaint") with the Idaho Public Utilities Commission ("Commission") against Avista Corp.
("Company"). WOW alleges that the Company billed WOW for pole attachments located in the
State of Idaho in violation of Idaho Code § 61-538, regulations and orders of the Commission, as
well as federal laws and regulations. Complaint at 1-2. WOW also claims that the Company has
violated WOW's rights to overlash another cable or wire to its existing cables and wires; and that
the Company has failed to maintain accurate records by failing to conduct periodic pole audits.Id.
WOW requests that the Commission: 1)direct the Company to recalculate pole attachment
rates for the poles at issue using the Federal Communications Commission ("FCC") formula,
resulting in a rate of approximately$21.84 per pole;2)require the Company to refund overcharges
from 2019, with interest; 3) order the Company to lift stop-work orders and allow WOW to
overlash existing facilities without prior approval or fees; 4) mandate that the Company maintain
accurate pole attachment records and reconcile discrepancies with WOW's 2023 audit; 5)prohibit
the Company from imposing penalties, canceling contracts, or pursuing lawsuits related to this
dispute until resolved; 6) facilitate Commission supervised mediation to resolve any remaining or
future disputes within sixty(60)days; and 7)impose penalties on the Company for code violations.
Id. at 10-11.
DECISION MEMORANDUM I

RECOMMENDATION
Commission Staff recommends that the Commission issue a Summons directing the
Company to answer or otherwise respond to the Complaint within twenty-one (21) days.
COMMISSION DECISION
Does the Commission wish to issue a Summons directing the Company to answer or
otherwise respond to the Complaint within twenty-one (21) days?
Pn�GBZ�—
Ea K. M nk elanson
Deputy Attorney General
I:\LegaI\ELECTRICW VU-E-25-11_WO W\memosW WE2511_dec 1_em.docx
DECISION MEMORANDUM 2