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HomeMy WebLinkAbout20250821Final_Order_No_36733.pdf Office of the Secretary Service Date August 21,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF METRO FIBERNET, ) CASE NO. MFN-T-25-01 LLC'S APPLICATION FOR APPROVAL AS A ) COMPETITIVE LOCAL EXCHANGE ) CARRIER IN THE STATE OF IDAHO ) ORDER NO. 36733 On February 18, 2025, Metro Fibernet, LLC ("Company") applied to the Idaho Public Utilities Commission ("Commission") for designation as a competitive local exchange carrier ("CLEC") in the State of Idaho. On March 6, 2025, the Company submitted an addendum to its Application ("Application Addendum"), providing additional information, pursuant to Commission Rule of Procedure 114, IDAPA 31.01.01.114 ("Rule 114"). The Company requested that the Commission issue an order granting it a Certificate of Public Convenience and Necessity ("CPCN") to operate as a CLEC in the State of Idaho. Application Addendum at 7. On May 20, 2025,the Commission issued a Notice of Application and Notice of Modified Procedure, establishing public comment and Company reply deadlines. Order No. 36603. No public comments were received. With this Order,the Commission confirms that the Company has satisfied the requirements set forth in Rule 114 and issues the Company a CPCN. CPCNs FOR TELECOMMUNICATIONS PROVIDERS IN IDAHO In 1996, the Commission issued Order No. 26665 providing clarification regarding the necessary information to be included with a new application for a CPCN submitted by telecommunications companies stating their intent to provide local exchange service in Idaho pursuant to Idaho Code §§ 61-526 through-528 and Commission Rules of Procedure 111 and 112, IDAPA 31.01.01.111 and 112. In 2022, Idaho adopted Rule 114, effective March 31, 2022, to formally integrate Commission Order No. 26665 into the rules. Rule 114 outlines the necessary information required for the Commission to issue a CPCN to CLECs seeking to provide local exchange services in Idaho. Specifically, applicants must provide detailed business information, including name, address, entity type, and structure-specific details. Rule 114(1). They must also submit a ORDER NO. 36733 1 comprehensive service description, including proposed customer classes, competitive analysis, identification of incumbent local exchange carriers ("ILECs"), and a detailed service area map. Rule 114(2). Financial documentation is required, including current balance sheets or sufficient financial data demonstrating capability to support proposed services. Rule 114(3). Initial tariffs or price lists must be included, detailing all rates, terms, and conditions, along with contact information for tariff and customer inquiries. Rule 114(4)-(5). Applicants must disclose the status of any interconnection agreements and submit copies of finalized contracts. Rule 114(6). Additionally, a written affirmation of compliance with Commission rules—or waiver requests for any inapplicable rules—is required, along with confirmation of compliance with telephone number conservation standards, including mandatory 1,000-block number pooling. Rule 114(7)-(8). If the Commission determines that all of the requirements of Rule 114 have been met, the Commission will issue an order granting the application and CPCN. THE APPLICATION The Company represented that it is a Nevada limited liability company. Application Addendum at 2;Application Exhibit B. The Company stated that it is authorized to do business in the State of Idaho and provided documentation that its registered agent for service in Idaho is Corporation Service Company.Application Addendum at 3;Application Exhibit C. The Company submitted the names and addresses of its members and officers, as well as relevant corporate financial information. Application Addendum at 2-3. Additionally, the Company provided a corporate organizational chart showing that it is a subsidiary of Metronet Holdings LLC, a Delaware limited liability company.Application Exhibit A. The Company confirmed that it intends to construct and install a high-speed fiber optic network, starting in the Boise and Meridian areas, and will evaluate other cities in Idaho on an ongoing basis for future builds.Application Addendum at 2.The Company stated that it anticipates beginning construction in late 2025. Id. at 4. The Company stated that it anticipates that this network will provide voice and internet services to residents, businesses, and wholesale telecommunications customers, as well as dark fiber and other high-capacity services to telecommunications providers in Idaho. Id. The Company stated that it does not plan to offer its services directly to residential customers in Idaho.Id. at 5. ORDER NO. 36733 2 The Company provided its "Business Terms and Conditions" between customers and the Company when new fiber services are provided. Application Exhibit I. The Company provided maps showing its proposed service and exchange areas.Application Exhibits F-G. The Company stated that, initially, it intends to compete with CenturyLink, however, future builds may support the Company also competing with Frontier.Application Addendum at 4. The Company confirmed that it does not intend to provide services in areas serviced by local exchange carriers that are eligible for a small or rural carrier exemption pursuant to Section 251 of the Federal Telecommunications Act of 1996. Id. at 6 STAFF REVIEW Staff reviewed the Company's Application under Idaho Code §§ 61-526 through-528, and Rule 114. Staff Memo at 2. Based on its review, Staff believed that the Company's Application met the CPCN criteria outlined in Rule 114.Id. Staff recommended the Commission: (1) issue an order granting a CPCN, and (2) set the following conditions for the CPCN: a. The Company comply with the number pooling and reporting requirements of the North American Numbering Plan Administrator("NANPA") as outlined in IDAPA Rule 114(8). b. The Company provide necessary reports and contributions appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay Services, Idaho Telecommunications Service Assistance Program, and comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers. c. Prior to issuance of the CPCN, the Company file a final price list outlining all its rates, terms, and conditions with the Commission. d. The Company provide three reports (September 10, 2025, December 10, 2025, and March 10, 2026) to the Commission indicating the number of basic local exchange customers it has and the services being offered. If the Company should fail to provide the three reports, the Company shall relinquish its CPCN and all telephone numbers it has been assigned, or the Commission will,by its order, revoke the Company's CPCN. e. If the Company does not provide a basic local exchange service by March 10, 2026, the Commission shall,by its order, revoke the Company's CPCN. COMMISSION FINDINGS The Commission has jurisdiction over this matter and the issues in this case under Title 61 of Idaho Code.The Commission is vested with the authority to grant a CPCN to the public utilities operating in Idaho.Idaho Code §§ 61-526 through-528. The Commission reviews applications to determine if the applicant has the necessary qualifications under Rule 114 to obtain a CPCN. ORDER NO. 36733 3 Having reviewed the record, all submitted materials, and all comments, we find that the Company's Application and Application Addendum have met the requirements of Rule 114 and grant the Company a CPCN, consistent with this Order. The Company shall comply with the number pooling and reporting requirements of the NANPA as outlined in Rule 114(8).Additionally,the Company shall provide necessary reports and contributions appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay Services, Idaho Telecommunications Service Assistance Program, and comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers. As a compliance filing in this case, the Company shall file a final price list within 30 days of the service date upon this Order outlining all its rates, terms, and conditions with the Commission. The Company shall also provide three reports (September 10, 2025, December 10, 2025, and March 10, 2026) to the Commission as compliance filings 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 and all telephone numbers it has been assigned, or the Commission will revoke the Company's CPCN. If the Company does not provide a basic local exchange service by March 10, 2026, the Commission shall revoke the Company's CPCN. ORDER IT IS HEREBY ORDERED that the Company's Application and Application Addendum is approved and is granted a CPCN consistent with this Order. IT IS FURTHER ORDERED that the Company submit a compliance filing within 30 days of the service date of this Order providing a final price list outlining all its rates, terms, and conditions. IT IS FURTHER ORDERED that the Company submit separate compliance filings in this case by September 10, 2025, December 10, 2025, and March 10, 2026 indicating the number of basic local exchange customers it has and the services being offered. THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order regarding any matter decided herein.Within seven(7)days after any person has petitioned for reconsideration,any other person may cross-petition for reconsideration. See Idaho Code §§ 61-626 and 62-619. ORDER NO. 36733 4 DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 21 st day of August, 2025. G EDWARD LODGE, C r MISSIONER 9, Lfo�� J N R. HAMMOND JR., COMMISSIONER DAYN HA IE, COMMISSIONER ATTEST: Monica Barrios-Sanchez Commission Secretary I:\Legal\TELECOM\MFNT2501\orders\MFNT2501_final_em.docx ORDER NO. 36733 5