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2025, the FCC issued a Public Notice announcing that the CBG that the Company had withdrawn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:
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Commission Secretary
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ORDER NO. 36923 3