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HomeMy WebLinkAbout20260331Decision Memo.pdf DECISION MEMORANDUM TO: COMMISSIONER LODGE COMMISSIONER HAMMOND COMMISSIONER HARDIE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: ALLISON MOORE, COMMISSION STAFF ERIKA K. MELANSON,DEPUTY ATTORNEY GENERAL DATE: MARCH 31, 2026 SUBJECT: IN THE MATTER OF METRO FIBERNET, LLC'S APPLICATION FOR APPROVAL AS A COMPETITIVE LOCAL EXCHANGE CARRIER IN THE STATE OF IDAHO; CASE NO. MFN-T-25-01. On August 21, 2025, the Idaho Public Utilities Commission ("Commission") issued an order granting Metro Fibernet, LLC ("Company") a Certificate of Public Convenience and Necessity ("CPCN"). Order No. 36733. The Commission also directed the Company to submit separate compliance filings by September 10, 2025, December 10, 2025, and March 10, 2026, indicating the number of basic local exchange customers served by the Company and the services being offered. Id. at 4. The Company submitted compliance filings on September 9,2025,December 3,2025, and March 10, 2026. All three filings indicated that the Company did not yet serve local exchange customers. On March 23, 2026, the Company filed a Request for Extension ("Request"). The Company maintained that while the Company's build plan for Idaho remained in progress, it was not yet ready for deployment. Request at 1. The Company requested that the Commission allow an extension to provide basic local exchange services in Idaho to December 31, 2026, and agreed to provide additional intermediate compliance filings should the Commission deem necessary.Id. STAFF RECOMMENDATION Commission Staff ("Staff') recommends that the Commission grant the Company an extension, until December 31, 2026, to begin offering basic local exchange services within the State of Idaho. DECISION MEMORANDUM - 1 - MARCH 31, 2026 The Commission has long maintained a practice of requiring certificated companies to begin providing basic local exchange services within a reasonable and timely period following the issuance of a CPCN. See Order No. 34852. This expectation ensures that entities holding CPCNs actively serve the public interest and fulfill the obligations associated with such authority. Id. Staff acknowledges previous Commission orders that state that a CPCN may not be issued to, or retained by, a company that does not provide basic local exchange service. See Order No. 34130. However, the Company's current request for an extension includes representations that it intends to initiate service by the end of calendar year 2026. Request at 1. Based on these representations, Staff finds it reasonable to allow additional time for the Company to meet its service obligations. Accordingly, Staff supports granting the requested extension, subject to the condition that the Company begins offering basic local exchange services no later than December 31, 2026. Should the Company fail to do so, Staff will re-evaluate the matter at that time and make a recommendation to the Commission to consider revocation of the Company's CPCN consistent with Order No. 36733. COMMISSION DECISION Does the Commission wish to issue an extension to the Company,allowing until December 31, 2026, to begin providing basic local exchange services in the State of Idaho? Allison Moore Commission Staff I:\Uti1ity\UDMEM0S\MFN-T-25-01 Decision Memo.docx DECISION MEMORANDUM - 2 - MARCH 31, 2026