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HomeMy WebLinkAbout20251110Notice_of_Application_Order_No_36840.pdf Office of the Secretary Service Date November 10,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF NFC NORTHWEST, ) CASE NO. NFC-T-25-01 LLC'S APPLICATION FOR ) CERTIFICATION AS A COMPETITIVE ) NOTICE OF APPLICATION LOCAL EXCHANGE CARRIER ) NOTICE OF MODIFIED PROCEDURE ORDER NO. 36840 On October 17, 2025, NFC Northwest, LLC ("Company") applied to the Idaho Public Utilities Commission ("Commission") requesting certification as a Competitive Local Exchange Carrier("CLEC") in the state of Idaho. With this Order we issue notice of the Company's Application and set public comment and Company reply deadlines. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company is a telecommunications entity that builds, owns, and maintains fiber-optic network facilities. Application at 1. YOU ARE FURTHER NOTIFIED that the Company states that it has a partnership with Ziply Fiber Pacific, LLC ("Ziply"), who will serve as the retail internet service provider over the Company's facilities in their service territory and will be responsible for day-to-day operations, maintenance, customer activation, billing, network monitoring, and emergency response.Id. YOU ARE FURTHER NOTIFIED that the Company states that it intends to develop,own, and maintain fiber facilities within selected Idaho municipalities and unincorporated communities, subject to local permitting and right-of-way approvals. Id. at 1-2. YOU ARE FURTHER NOTIFIED that the Company states that it is a facilities-based provider and does not provide retail services or act as a reseller of telecommunications or broadband services to end users. Id. at 2. YOU ARE FURTHER NOTIFIED that the Company states its plan is to invest in, construct,own, and maintain fiber-to-the premises infrastructure and related passive facilities over a multi-year timeline. Id. The Company states that its infrastructure is intended to support retail broadband offerings that appeal to residential consumers seeking high-speed, symmetrical fiber NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36840 1 connectivity, small and medium-sized businesses requiring reliable access, enterprises and public- sector entities that need connectivity, and community institutions such as schools, healthcare facilities, and public safety agencies.Id. at 3. YOU ARE FURTHER NOTIFIED that the Company states that it is a newly formed infrastructure owner and does not have a prior history of providing retail telecommunications services in Idaho. Id. YOU ARE FURTHER NOTIFIED that the Company states that it is a wholly owned subsidiary of NFC Management, LLC, which is a wholly owned subsidiary of Network FiberCo, LLC, formed through a partnership between BCE Inc., through Northwest Fiber, LLC (dba Ziply Fiber), and the Public Sector Pension Investment Board("PSP Investments"). Id. at 4. YOU ARE FURTHER NOTIFIED that the Company states that as a recently formed entity, it does not have financial statements and to its financial integrity, the Company submitted, with its Application, Financial Comfort Letters from each of PSP and Bell Canada, Northwest Fiber's ultimate parent company.Id. at 8. YOU ARE FURTHER NOTIFIED that the Application is available for public inspection during regular business hours at the Commission's office. The Application is 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 Title 61 of the Idaho Code, and 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 that it will proceed under Modified Procedure pursuant to the Commission's Rules of Procedure 201-204, IDAPA 31.01.01.201-.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 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36840 2 Application. Persons who would like a hearing must specifically request a hearing in their written comments and explain why written comments alone are insufficient. Persons interested in filing written comments, must do so by December 5, 2025. Comments must be filed through the Commission's website or by e-mail unless computer access is unavailable. To comment electronically, please access the Commission's website at http://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, persons must e-mail the comments to the Commission Secretary and all parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code § 74-101(13), and all information provided by such person is available for public and media inspection. If computer access is unavailable, then comments may be mailed to the Commission and the Parties at the addresses below.Persons submitting a comment by mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code§74-101(13),and all information provided by such person is available for public and media inspection. For the Idaho Public Utilities For the Company: Commission: Commission Secretary Jessica Epley Idaho Public Utilities Commission Vice President, Regulatory & External Affairs P.O. Box 83720 135 Lake Street South, Suite 155 Boise, ID 83702-0074 Kirkland, WA 98033 secretarykpuc.idaho._og_v YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by December 12, 2025. 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 final NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36840 3 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 this Application be processed under Modified Procedure. Persons interested in submitting written comments must do so by December 5, 2025. The Company must file any reply comments by December 12, 2025. 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. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1 Ot" day of November 2025. G Grp 6 RD LODGE, RE 'I ENT f, OHN R. HAMMOND JR., COMMISSIONER HARDI , COM SSIONER ATTEST: --qt.S4 Laura Calderon Robles Interim Commission Secretary I:\Legal\TELECOMINFCT2501_clec\orders\ntc_app_mod_em.docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36840 4