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Home My WebLink About20260209Response to Application .pdf C. Tom Arkoosh, ISB No. 2253 Nicholas J. Erekson, ISB No. 9325 RECEIVED FEBRUARY 9, ARKOOSH LAW OFFICES IDAHO PUBLIC 913 W. River Street, Suite 450 UTILITIES COMMISSION P.O. Box 2900 Boise, ID 83701 Telephone: (208) 343-5105 Facsimile: (208) 343-5456 Email: tom.arkooshAarkoosh.com nick.ereks on&arkoosh.com Admin copy: erin.cecil&arkoosh.com Alan Galloway, Oregon State Bar No. 083290 Mark Trinchero, Oregon State Bar No. 883221 DAVIS WRIGHT TREMAINE LLP 560 SW loth Avenue, Suite 700 Portland, OR 97205 Telephone: (503) 241-2300 Email: alan_alg loway(kdwt.com marktrinchero(d),dwt.com Pro Hac Vice Admission Attorneys for Ziply Fiber BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF VIASAT ) Case No. CTC-T-25-01 CARRIER SERVICES, INC.'S ) APPLICATION FOR A ) ZIPLY FIBER'S RESPONSE TO DETERMINATION OF WHETHER ) VIASAT'S APPLICATION ZIPLY FIBER OF IDAHO, LLC AND ) ZIPLY FIBER NORTHWEST, LLC ) QUALIFY TO DISCONTINUE BASIC ) LOCAL EXCHANGE UNDER IDAHO ) CODE § 62-612 ) Pursuant to the Notice of Modified Procedure, Order No. 36921 issued by the Commission on February 2, 2026, Ziply Fiber of Idaho, LLC, and Ziply Fiber Northwest, LLC (collectively "Ziply")submit the following response to the Application or Comments of Viasat Carrier Services, Inc. (the "VLSI Application.")' Ziply respectfully requests that the Commission allow Ziply to ' On November 28, 2025, Viasat Carrier Services filed a pleading alternatively styled as an "Application" or "Comments." Pursuant to Order No. 36873,the Commission designated the pleading an application and established a deadline for interested persons to intervene. ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 1 discontinue telecommunications services as described in Ziply's Notice of Discontinuance of Service ("Discontinuance Notice").2 Although Viasat Carrier Services, Inc. ("VCSI") does not serve the full area described in the Discontinuance Notice as an Eligible Telecommunications Carrier (hereinafter "ETC"), the standard for discontinuance under Idaho Code § 62-612 is still met because VCSI's parent company, Viasat, Inc. ("VSI"), can serve the full area. As the VCSI Application notes, "Viasat, Inc. can provide service in the areas Ziply intends to discontinue on a non-ETC basis under the same rates, terms and conditions Viasat, Inc. makes available to other Idaho customers." (Emphasis added.)3 VCSI has not objected to Ziply discontinuing service as described in the Discontinuance Notice,per se. Rather, VCSI's Application sought to ensure that approval was not based only on the services of the VCSI entity.4 Indeed, counsel for VCSI has authorized Ziply to represent that Viasat does not oppose Ziply's discontinuance.5 The VCSI Application appears to have been filed because the Discontinuance Notice inadvertently singled out the VCSI entity—as opposed to the VSI entity—as serving the area described in the Discontinuance Notice. The VCSI Application points out that VCSI is only authorized to provide service within its narrowly defined ETC area, which coincides with census blocks for which its parent company had been awarded Connect America Fund ("CAF") funds. However, this does not affect the validity of the discontinuance under Idaho Code § 62-612 2 See, Ziply's"Notice of Discontinuance of Service,"filed October 29,2025,in docket no.CTC-T-03-2. 3 VCSI Application,at 3,n.4. See also In the Matter of the Application of Viasat Carrier Servs.,Inc. for Designation as an Eligible Telecommunications Carrier,IPUC Docket VCS-T-18-01,No.34221,2018 WL 6722961,at 1 n.2(Dec. 19,2018)(noting that VSI is"the parent company of Viasat Carrier Services,Inc."). 4 VCSI Application at 2 (explaining that the VCSI Application aims to "ensure that the record accurately reflects [VCSI]'s services and service areas, and that any Commission approval of the discontinuance is not premised or conditioned upon an expectation[VCSI]can or a requirement that[VCSI]must serve all customers in the discontinued service area."). 5 Email from M.Donahue,counsel for VCSI,to A.Galloway,counsel for Ziply,January 19,2026("Following up on our conversation,I confirmed with Viasat Carrier Services,Inc.that it is fine with Ziply stating Viasat does not oppose Ziply's discontinuance."). ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 2 because, as shown more fully below and in the exhibits to this Response, in combination, VCSI and VSI do offer service throughout the areas described in the Discontinuance Notice, including to the three addresses Ziply has identified in the Discontinuance Notice as the only remaining customers in the area.6 BACKGROUND On October 29, 2025,pursuant to Idaho Code § 62- 612(2), Ziply filed formal notice of its intent to discontinue the provision of regulated telecommunications services in certain designated Townships, Ranges, and Sections within the Elk City exchange area.7 On November 28, 2025, VCSI filed a pleading entitled "Application or Comments of Viasat Carrier Services, Inc."' On December 8, 2025, Ziply filed an Affidavit of Publication by the publisher of the Idaho County Free Press averring that the Discontinuance Notice had been published in Idaho County on November 26,2025, as required by Idaho Code § 62-612(2). On January 2,2026,the Commission issued Order No. 36873,opening this docket,providing notice of the VCSI Application,and setting a deadline for intervention. No other parties petitioned to intervene. On January 8, 2026, the Commission's Interim Commission Secretary issued a Notice of Parties. On February 2, 2026,the Commission issued a Notice of Modified Procedure, establishing a schedule for comments. LEGAL STANDARD AND SUPPORT FOR ALLOWING DISCONTINUANCE Idaho Code § 62-612(1) provides that: A telephone corporation subject to this chapter which provides basic local exchange or message telecommunication service, may not withdraw or otherwise discontinue such service to a local exchange area unless one or more alternative telephone corporations are furnishing the respective telecommunication service or equivalent service to the customers in such 6 See,Discontinuance Notice at¶¶ 1-2. See, Discontinuance Notice. $See,VCSI Application. ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 3 local exchange area at the time such service is withdrawn or otherwise discontinued.9 Idaho Code § 62-612(2) provides that: A telephone corporation proposing to withdraw or otherwise discontinue the services set forth in subsection (1) of this section to a local exchange area shall file a notice of such withdrawal or discontinuance of service with the commission and shall publish a notice of such withdrawal in a legal newspaper circulated within the local exchange area,and provide such other reasonable notice as may be required by the commission. As noted above,in compliance with Idaho Code § 62-612(2),Ziply filed the required notice of discontinuance and caused the Discontinuance Notice to be published in a legal newspaper circulated within the Elk City local exchange.'0 In the Discontinuance Notice, Ziply notes that an internal review had determined that only three customers remain within a large portion of the Elk City exchange and that each of those customers currently receives equivalent voice and broadband service from an alternative provider." The Discontinuance Notice also points out that alternative corporations are presently furnishing equivalent service to the area in which Ziply seeks to discontinue providing service.12 The Discontinuance Notice states: "Specifically, ViaSat Carrier Services, Inc., offers voice and broadband connectivity to customers via satellite technology and is capable of providing equivalent telecommunications service to this local exchange area."13 This statement, which did not account for the relationship between VCSI and VSI, is inaccurate to the extent that it implies that VCSI alone provides satellite service throughout the Elk City exchange. However, VSI and VCSI, in combination, do offer satellite service throughout the Elk City exchange. VSI's satellite 9 This provision does not require that the"equivalent service"be provided by an ETC. to The Elk City exchange is in Idaho County,where the Idaho County Free Press is circulated. "Discontinuance Notice at 1. 12 Id. at 2. 13 Id. ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 4 services are available at the three locations identified by Ziply as the only remaining customer locations within the area to which it seeks to discontinue service. Exhibit 1 to this Response shows screenshots from the viasat.com website that demonstrate that it offers service to each of the three addresses Ziply identified as the only remaining customers in the discontinuance area. As noted above, the VCSI Application confirms that VSI "can provide service in the areas Ziply intends to discontinue."14 Exhibit 2 shows screenshots from the National Broadband Map website confirming that high-speed broadband service is available from VSI and other providers in Idaho County, where the discontinuance area is located. Broadband service providers such as these typically offer Voice over Internet Protocol ("VOIP") service that is equivalent to the regulated telecommunications service that Ziply intends to discontinue.15 CONCLUSION For the foregoing reasons, Ziply requests that the Commission allow Ziply to discontinue telecommunications services as described in the Discontinuance Notice. DATED this 9tn day of February 2026. DAVIS WRIGHT TREMAINE LLP Al Alan Galloway Alan Galloway Is/Mark Trinchero Mark Trinchero ARKOOSH LAW OFFICES Is/Nicholas J. Erekson Nicholas J. Erekson Attorneys for Ziply Fiber 14 VCSI Application,at 3,n.4. 15 WIP services are also available"over the top"to customers with a broadband connection from providers such as Vonage and Skype. ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 5 Exhibit I Screenshots from the viasat.com website v _• Order Viasat Satellite Internet X + — O X <- C) Q 8 https://buy.viasat.com/en-US/r/pin A" } - Viasat- Questions? ` 844-965-1385 Q Showing plans for 5134 Highway 14,Grangeville,ID 83530-5032 Edit Looking for business internet plans? Here's what Viasat Internet offers at your address Viasat Essentials Viasat Unleashed High-Speed Data High-Speed Data 150 GB Unlimited 12 mo.contract required with plan No long-term contract $6999/mo $9999/mo Chooseplan Choose Includes Includes ✓ Unlimited Standard Data ✓ Unlimited High-Speed Data ✓ Best for lighter data users ✓ Best for streamers View Broadband facts View Broadband facts See more plan features 4, Screenshot showing result for 5134 State Highway 14 Grangeville, ID 83530 ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 6 v a Order Viasat Satellite Internet X + — O X <— C3 Q 8 https:Hbuy.viasat.com/en-US/r/pin A�' Viasai vV Questions? ` 844-965-1385 9 Showing plans for 5140 State Highway 14,Grangeville,ID 83530 Edit Looking for business internet plans? Here's what Viasat Internet offers at your address Viasat Essentials Viasat Unleashed High-Speed Data High-Speed Data 150 GB Unlimited 12 mo.contract required with plan No long-term contract $6999/mo $9999/mo Choose .. Includes Includes ✓ Unlimited Standard Data ✓ Unlimited High-Speed Data ✓ Best for lighter data users ✓ Best for streamers View Broadband facts View Broadband facts See more plan features A/ Screenshot showing result for 5140 State Highway 14 Grangeville, ID 83530 ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 7 v FCC Location Summary I FCC Nationa X Order Viasat Satellite Internet X + — https:Hbuy.viasat.com/en-US/r/pin Viasat_'N, Questions? ` 855-837-7791 9 Showing plans for 5389 Highway 14,Elk City,ID 83525 Edit Looking for business internet plans? Here's what Viasat Internet offers at your address Viasat Essentiats Viasat Unleashed High-Speed Data High-Speed Data 150 GB Unlimited 12 mo.contract required with plan No long-term contract $6999/mo $9999/mo Chooseplan . , Includes Includes ✓ Unlimited Standard Data ✓ Unlimited High-Speed Data ✓ Best for lighter data users ✓ Best for streamers View Broadband facts View Broadband facts See more plan features 4, Screenshot showing result for 5389 Highway 14 Elk City, ID 83525 ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 8 Exhibit 2 - Screenshots from the National Broadband Map website v FC Area Comparison I FCC Nationa x + CJ Q n https://broadbandmap.fcc.gov/area-comparison/fixed?version=jun2025&geoid=lW49&type... A" lj�? V FCcFederal C OMMUnications FCC National Broadband Map C ornmission Home Location Summary Provider Detail Area Summary Area Comparison Data Download About Map and table filters are displayed within the Filter Details section. + County- Idaho County,ID lki I� Orofino S Nezperce Kamiah Cetonwood Grangewlle Idaho County 1D0.00°,n coverage Total Units:11.978 ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 9 v FC Area Summary I FCC National Bic X — 0 X <— 0 Q II https.//brc)adbandmap.fcc.gov/area-summary/fixed?version=jun2025&geoid=16049&type=count)8 oom=6.95&vlon=-11SA90152&vlat=42.37813S&... A4i 'L'`( * � {`_ � Update ••• r � r r �• �• r r. r �. �� .� err �.rr. r r .• •_� - r r r Data As Of Jun 30,2025(latest) v (Last Updated:2/3126) 0 County— Idaho County.ID Putlma S Idaho County,ID r Lewiston in Top 10 Providers hitipsburg Space Explorati... Hamitto I _ Air Bridge Broa... Viasal,lnc - EchoStar Corpor.- Gr ng First Step Inte... Hills terroot i hat Forest Lumen Technolog... TFbraat ._ \ Inland Cellular._ / T-Mobile USA,I._ Attice USA Nez Perce Tribe - 0 20 40 60 so 100 Percent Units Served From the applied service Filters,Business/Residential is the only finer reflected on this graph. Data showing 100% of serviceable units in Idaho County(depicted by blue hexagons) are served by four providers, including VSI. ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 10 CERTIFICATE OF MAILING I HEREBY CERTIFY that on the 9t'day of February 2026,1 served a true and correct copy of the foregoing document(s)upon the following person(s), in the manner indicated: Commission Secretary U.S. Mail, Postage Prepaid Idaho Public Utilities Commission Overnight Courier 11331 W. Chinden Blvd., Building 8, Hand Delivered Suite 201-A(83714) Via Facsimile P.O. Box 83720 X_ Email: Boise, ID 83720-0074 secretary(apuc.idaho.gov Erika Melanson U.S. Mail, Postage Prepaid Deputy Attorney General Overnight Courier Idaho Public Utilities Commission Hand Delivered 11331 W. Chinden Blvd., Bldg. 8, Via Facsimile Ste. 201-A(83714) X_ Email: P.O. Box 83720 erika.melansongpuc.idaho.gov Boise, ID 83720-0074 Shelby Striegel U.S. Mail, Postage Prepaid Viasat, Inc. Overnight Courier 349 Inverness Drive South Hand Delivered Englewood, CO 80112 Via Facsimile X_ Email: Shelby.striegelgviasat.com Alan Galloway U.S. Mail, Postage Prepaid Mark Trinchero Overnight Courier DAVIS WRIGHT TREMAINE LLP Hand Delivered 560 SW 10th Avenue, Suite 700 Via Facsimile Portland, OR 97205 X_ Email: alan alg loway(adwt.com marktrinchero&dwt.c om Is/Nicholas J. Erekson Nicholas J. Erekson ZIPLY FIBER'S RESPONSE TO VIASAT'S APPLICATION—Page 11