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HomeMy WebLinkAbout20260202Final_Order_No_36923.pdf Office of the Secretary Service Date February 2,2026 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF COMMNET ) CASE NO. CWL-T-25-01 WIRELESS,LLC'S APPLICATION TO ) RELINQUISH DESIGNATION AS AN ) ELIGIBLE TELECOMMUNICATIONS ) ORDER NO. 36923 CARRIER ) On November 7, 2025, Commnet Wireless, LLC ("Company") applied to the Idaho Public Utilities Commission ("Commission") requesting to relinquish its designation as an Eligible Telecommunications Carrier("ETC"). On December 19, 2025, the Commission issued a Notice of Application and Notice of Modified Procedure,establishing deadlines for public comments,and for the Company to file reply comments. Order No. 36878. Based on our review of the record, the Commission now issues this Final Order granting the Company's request to relinquish its ETC designation granted in Order No. 35049. BACKGROUND The Commission designated the Company as an ETC in Order No. 35049, Case No. CWL- T-21-01, on May 21, 2021. Application at 1. The Company stated that it was granted ETC status in a single census block group ("CBG") in Boise County, Idaho, to participate in the Federal Communications Commission's ("FCC")Rural Digital Opportunity Fund("RDOF")program.Id. at 1-2. THE APPLICATION On December 9, 2024, the Company notified the FCC that it was withdrawing its winning RDOF bid for the CBG in Boise County, Idaho due to increased costs. Id. at 2. On January 15, 2025, the FCC issued a Public Notice announcing that the CBG that the Company had withdrawn its bid from was eligible for other funding programs. Id. The Company believed that relinquishment of the Company's ETC in this area would not harm the public because the Company does not serve any Idaho customers pursuant to its ETC ORDER NO. 36923 1 designation and there are other ETCs already operating in the CBG in which the Company had been designated. Id. at 2-3. STAFF COMMENTS Staff reviewed the Company's Application in conjunction with Idaho Code § 62-610D(4), which sets forth the criteria for relinquishing an ETC designation. Staff Comments at 2. Staff agreed with the Company's assertion that relinquishment of its ETC designation in the designated area would not adversely affect the public interest because the Company does not provide service to any Idaho customers under that designation; therefore, no service discontinuance issues arise. Id. Additionally, the Company and Staff identified multiple other CBG companies offering comparable services in the area that hold ETC designations. Id. Based on this review, Staff recommended that the Company had satisfied the statutory requirements for relinquishment of its ETC designation. Id. COMMISSION FINDINGS AND DECISION The Commission has authority to grant ETC designation to a telecommunications carrier under federal and state law. 47 U.S.C. § 214(e) and Idaho Code §§ 62-610D, 62-615(1). The Commission may also "permit an . . . [ETC] . . . to relinquish its designation as such a carrier in any area served by more than one (1) . . . [ETC ,] . . ."provided such carrier provides notice to the Commission. Idaho Code § 62-6101)(4). Before the Commission permits an ETC to cease providing service, the Commission shall require that all customers served by the relinquishing carrier will continue to be served. See id. The Commission has reviewed and considered the record in this matter, including the Company's Application and Staff Comments. The Commission finds that the Company properly notified the Commission of its intent to relinquish its ETC designation in the proposed service areas. As noted by both the Company and Staff, the Commission finds that other ETCs currently serve the areas in which the Company was designated. In addition, the Commission finds that the Company does not serve any customers in the areas for which it seeks to relinquish its ETC designation. Accordingly, the Commission finds the requirements of Idaho Code § 62-610D(4)— specifically that no customers in the relevant service areas will be left without an ETC provider ORDER NO. 36923 2 have been satisfied. The Commission therefore finds it reasonable to approve the Company's request to relinquish its ETC designation in the proposed service areas. ORDER IT IS HEREBY ORDERED that the Company's request to relinquish its designation as an ETC in Idaho, is granted. 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 in this Order. 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. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 2nd day of February, 2026. G EDWARD LODGE, P IDENT R. HAMMOND JR., COMMISSIONER DAYN HA DIE, COMMISSIONER ATTEST: I ,/j 9,� Nt6nlich BwanloU4nchez Commission Secretary IALega1\TELEC0M\CWLT2501_ETC\orders\C W LT2501_final_em.doex ORDER NO. 36923 3