HomeMy WebLinkAbout20260202Notice_of_Modified_Procedure_Order_No_36921.pdf Office of the Secretary
Service Date
February 2,2026
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF VIASAT CARRIER ) CASE NO. CTC-T-25-01
SERVICES,INC.'S APPLICATION FOR A )
DETERMINATION OF WHETHER ZIPLY ) NOTICE OF MODIFIED
FIBER OF IDAHO, LLC AND ZIPLY FIBER ) PROCEDURE
NORTHWEST,LLC QUALIFY TO )
DISCONTINUE BASIC LOCAL EXCHANGE ) ORDER NO. 36921
SERVICE UNDER IDAHO CODE § 62-612 )
On October 29, 2025, Ziply Fiber of Idaho, LLC, and Ziply Fiber Northwest, LLC, both
d/b/a Ziply Fiber(collectively "Ziply") filed a"Notice of Discontinuance of Service" ("Notice").
Specifically, Ziply notified the Commission of its intent to discontinue basic local exchange and
message telecommunication services within certain townships near Elk City, Idaho. According to
Ziply, only three customers remain within this exchange area all of whom currently receive
equivalent voice and broadband service from Viasat Carrier Services, Inc. ("Viasat").
On November 28, 2025, Viasat applied for a determination of whether Ziply should be
allowed to discontinue basic local exchange and message telecommunication services as described
in the Notice. According to Viasat, it is not designated as an Eligible Telecommunications Carrier
("ETC") in significant portions of the townships in which Ziply seeks to discontinue service.
On December 17, 2025, the Commission issued a Notice of Application and Notice of
Intervention Deadline, setting a deadline for interested parties to file a petition to intervene. Order
No. 36873. No petitions to intervene were filed.
With this Order we set response, public comment, and reply deadlines.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY 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 Ziply shall have seven (7) days from the service
date of this Order to file a responsive pleading to Viasat's Application.
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36921 1
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
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 within twenty-one (21) days of the service date of this Order.
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.
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36921 2
For the Idaho Public Utilities For Ziply:
Commission:
Alan Galloway
Commission Secretary Mark Trinchero
Idaho Public Utilities Commission DAVIS WRIGHT TREMAINE, LLP
P.O. Box 83720 560 SW loth Avenue, Suite 700
Boise, ID 83702-0074 Portland, OR 97205
secretar a,puc.idaho.gov alan alg loway(adwt.com
marktrinchero gdwt.com
For Viasat Carrier Services, Inc.:
C. Tom Arkoosh
Shelby Striegel ARKOOSH LAW OFFICE
Associate General Counsel 913 W. River Street, Suite 450
349 Inverness Drive P.O. Box 2900
South Englewood, CO 80112 Boise, ID 83701
shelby.striegel(d),viasat.com tom.arkoosh(c arkoosh.com
Erin.cecilgakoosh.com
YOU ARE FURTHER NOTIFIED that Viasat and Ziply must file any reply comments
within thirty-five (35) days of the service of this Order.
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
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.
Ziply shall have seven (7) days from the service date of this Order to file a responsive pleading
to Viasat's Application. Persons interested in submitting written comments must do so within
twenty-one (21) days of the service date of this Order. Ziply and Viasat must file any reply
comments within thirty-five (35) days of the service of this Order.
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.
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36921 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 2nd day of
February, 2026.
G o
EDWARD LODGE, P SIDENT
R. HAMMOND JR., COMMISSIONER
DAYN HARDIE, COMMISSIONER
ATTEST:
I jo-A�
onic Ba o - nchez
Commission Secretary
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NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36921 4