20251205Staff Comments.pdf

RECEIVED
December 05, 2025
ERIKA K. MELANSON IDAHO PUBLIC
DEPUTY ATTORNEY GENERAL UTILITIES COMMISSION
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83702
[phone]
IDAHO BAR NO. 11560
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF NFC NORTHWEST, )
LLC'S APPLICATION FOR ) CASE NO. NFC-T-25-01
CERTIFICATION AS A COMPETITIVE )
LOCAL EXCHANGE CARRIER )
COMMENTS OF THE
COMMISSION STAFF
COMMISSION STAFF ("STAFF") OF the Idaho Public Utilities Commission
("Commission"), by and through its attorney of record, Erika K. Melanson, Deputy Attorney
General, submits the following comments.
BACKGROUND
On October 17, 2025, NFC Northwest, LLC ("Company") applied to the Commission
requesting Certification as a Competitive Local Exchange Carrier("CLEC") in the State of Idaho
("Application"). On November 10, 2025, the Commission issued a Notice of Application and set
public comment and Company reply deadlines. Order No. 36840.
In its Application, the Company stated 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. Application at 4. A Certificate of Foreign
Registration from the State of Idaho Office of the Secretary of State was included in the
Application. Id. at 14. Additionally, the Company submitted a Certificate of Good Standing
STAFF COMMENTS 1 DECEMBER 5, 2025

from the State of Delaware Office of the Secretary of State. Id. at 13. The Company stated that
it"is an infrastructure-focused telecommunications entity that builds, owns, and maintains fiber-
optic network facilities from a centralized point of presence throughout public rights-of-way and
other authorized public areas to network endpoints serving homes,businesses, community
institutions and anchor facilities." Id. at 1. Currently the Company does not have infrastructure
in Idaho and plans to invest, construct, own and maintain fiber and related passive facilities over
several years. Id. at 2
STAFF ANALYSIS
Staff reviewed the Company's Application to determine if the requirements needed for a
Certification for a Competitive Local Exchange have been satisfied. The requirements for a
Certificate are outlined in IDAPA 31.01.01.114 and explained in detail in Procedural Order No.
26665. Based on the review of the Application and requirements for a CLEC, Staff recommends
the Commission deny the Company's Application to be designated a CLEC.
In its Application, the Company stated it"is an infrastructure-focused
telecommunications entity that builds, owns, and maintains fiber-optic network facilities from a
centralized point of presence throughout public rights-of-way and other authorized public areas
to network endpoints serving homes,businesses, community institutions and anchor facilities."
Id. at 1. The Company stated that they have a partnership with Ziply Fiber Pacific, LLC
("ZFP"). Id. at 1. ZFP will serve as the exclusive retail internet service provider and will be
responsible for marketing, sales and customer service operations. Id. at 3. Throughout the
Application, the Company stated that they will not be offering end-user services and that ZFP is
the day-to-day operator and retail service provider. Id. at 8. Due to the Company's lack of
customers, it does not meet the definition for a"basic local exchange service"or for a"facilities-
based competitor" as described in Idaho Code § 62-603.
In its Application, the Company provided customer contacts, limited financial
information, form of business, proposed services, and a statement of compliance. The Company
stated 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.
STAFF COMMENTS 2 DECEMBER 5, 2025

The Company did not submit a map, tariffs, price lists, interconnection agreement
information or provide detailed information about the intended service area(s). In the
Application the Company stated that for the intended service area to "see the service area of all
[incumbent local exchange carriers] in Idaho,primarily focusing on the service area of
CenturyLink/Lumen." Id. at 7. The Company stated that there was not a need for any
interconnection agreements due to its relationship with ZFP. Id. at 9. This statement and lack of
detailed information provided by the Company do not satisfy the requirements in Order No.
26665.
STAFF RECOMMENDATION
Staff believes that the Company has not met the requirements for a Certificate of a CLEC
in the State of Idaho, and therefore Staff recommends the Commission deny the Application.
Respectfully submitted this 5th day of December 2025.
Erika K. Melanson
Deputy Attorney General
Technical Staff. Allison Moore
I:\Utility\UMISC\COMMENTS\NFC-T-25-01 Comments.docx
STAFF COMMENTS 3 DECEMBER 5, 2025

CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 5ch DAY OF DECEMBER 2025,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN CASE
NO. NFC-T-25-01, BY E-MAILING A COPY THEREOF, TO THE FOLLOWING:
Attorneys for NFC Northwest,LLC
C. TOM ARKOOSH
NICHOLAS J. EREKSON
ARKOOSH LAW OFFICES
913 W. RIVER STREET, SUITE 450
P.O. BOX 2900
BOISE, ID 83701
E-MAIL:
tom.arkoosh(&,,arkoosh.com
nick.ereks on&arkoosh.com
erin.cecil(d),,arkoo sh.com
PATRICIA JORD , SECRETARY
CERTIFICATE OF SERVICE