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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 I:\Lega1\TELEC0M\CTCT2501_Discontinuation\orders\CTCT2501_ntc_mod_em.docx NOTICE OF MODIFIED PROCEDURE ORDER NO. 36921 4