20260402Interlocutory_Order_No_36986.pdf

Office of the Secretary
Service Date
April 2,2026
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF EATON FIBER ) CASE NO. EFI-T-25-01
IDAHO, LLC'S APPLICATION FOR A )
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY TO PROVIDE RESOLD ) ORDER NO. 36986
AND FACILITIES-BASED EXCHANGE )
TELECOMMUNICATIONS SERVICES )
On November 19, 2025,Eaton Fiber Idaho,LLC ("Company") applied to the Idaho Public
Utilities Commission ("Commission") requesting a Certificate of Public Convenience and
Necessity ("CPCN") to provide resold and facilities-based local exchange telecommunications
services in the State of Idaho ("Application").
On February 5, 2026, 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. 36920. No public comments were received.
Based on our review of the record, the Commission now issues this Order conditionally
denying the Application and granting the Company 21 days to submit additional documentation
for consideration.
CPCNs FOR TELECOMMUNICATIONS PROVIDERS IN IDAHO
In 1996, the Commission issued Order No. 26665 regarding the necessary information to
be included with a new application for a CPCN submitted by telecommunications companies
stating their intent to provide local exchange service in Idaho pursuant to Idaho Code §§ 61-526
through-528 and IDAPA 31.01.01.111 and 112 ("IDAPA Rules I I I and 112").
In 2022, Idaho adopted Commission Rule of Procedure 114 ("Rule 114") to formally
integrate Commission Order No. 26665 into rule. IDAPA 31.01.01.114. Rule 114 outlines the
necessary information required for the Commission to issue a CPCN to competitive local exchange
carriers ("CLECs") seeking to provide local exchange services in Idaho.
Specifically, applicants must provide detailed business information, including name,
address, entity type, and structure-specific details. Rule 114(1). The applicant must also submit a
ORDER NO. 36986 1

comprehensive service description, including proposed customer classes, competitive analysis,
identification of incumbent local exchange carriers ("ILECs"), and a detailed service area map.
Rule 114(2).
Financial documentation is required, including current balance sheets or sufficient
financial data demonstrating capability to support proposed services. Rule 114(3). Initial tariffs or
price lists must be included, detailing all rates, terms, and conditions, along with contact
information for tariff and customer inquiries. Rule 114(4)-(5).
Applicants must disclose the status of any interconnection agreements and submit copies
of finalized contracts. Rule 114(6). Additionally, a written affirmation of compliance with
Commission rules—or waiver requests for any inapplicable rules—is required, along with
confirmation of compliance with telephone number conservation standards, including mandatory
1,000-block number pooling. Rule 114(7)-(8).
Once the Commission has determined the requirements of Rule 114 have been met, the
Commission will issue an order granting the application and CPCN.
THE APPLICATION
The Company proposed providing point-to-point telecommunications services, including
dark fiber, ethernet, and broadband internet access services. Application at 1. The Company
requested authority to build and operate a fiber network throughout Idaho, with network
construction beginning within 60-90 days of an order from the Commission granting a CPCN. Id.
at 2-3. The Company believed its proposed services were in the public interest and would increase
competitive choices for Idaho consumers. Id. at 4. The Application included a copy of the
Company's Certificate of Organization/Registration, financial records, tariffs, and price lists. Id.
at Exhibit A-C.
STAFF COMMENTS
Commission Staff ("Staff') reviewed the Company's Application and all supporting
documentation. Staff Comments at 2. Based on its review, Staff recommended conditional denial
of the Company's Application.Id. at 3.
Rule 114 requires applicants to provide detailed information regarding their business
structure and proposed telecommunications services. Id. at 2. Under Rule 114(1)(a—c), the
Company submitted documentation confirming that it was a limited liability company organized
ORDER NO. 36986 2

under the laws of Delaware and a subsidiary of Eaton Fiber,LLC.Id. The Application included its
Certificate of Registration from the Idaho Secretary of State (Filing No. 64990467), which Staff
verified. Id. Accordingly, Staff believed the Company satisfied the requirements of Rule 114(1).
Id.
Pursuant to Rule 114(2), the Company was also required to provide a detailed description
of its proposed services, anticipated customer classes, identification of ILECs with which it
expected to compete, and a service-area map showing intended exchanges, rural zones, and local
calling areas. Id. Although the Application included a narrative description of the proposed
services and a draft tariff, it did not identify any competing ILECs or include the required detailed
service-area map. Id. Therefore, Staff did not believe the Company met the requirements of Rule
114(2)(b)—(c).Id.
Under Rule 114(3), applicants are required to submit financial information demonstrating
adequate resources to provide the proposed services. Id. Because the Company was not yet
operational in Idaho, it provided confidential documentation describing how it would be
capitalized financially, along with its proposed tariff and price list. Id. Staff believed this
information satisfied the financial requirement. Id. Staff believed that the Company also met the
remaining requirements under Rules 114(4)—(8), including submission of an initial tariff, contact
information for tariff and customer service inquiries, and information regarding any
interconnection agreements or negotiations.Id. at 2-3.
Because the Application lacked the information required by Rule 114(2)(b)—(c), Staff did
not recommend approval of the Application for a CPCN.Id. at 3. Instead, Staff recommended that
the Commission deny the Application and allow the Company 21 days to submit the missing
information for Staff s review.Id.
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over this matter under Idaho Code § 61-501,which vests
the Commission with the authority and jurisdiction to supervise and regulate every public utility
in the state. The Commission has noneconomic regulatory authority over telephone corporations
ORDER NO. 36986 3

that provide basic local exchange service' in Idaho. See Idaho Code § 62-605(5)(b). A provider of
basic local exchange service must apply to the Commission for a CPCN. See Order No. 26665.
Having reviewed the record, the Commission finds that the Company's Application for a
CPCN is incomplete and does not fully comply with the requirements of Rule 114 and Order No.
26665. Specifically, the Company has failed to submit all information necessary for the
Commission to determine whether the requested CPCN should be granted as required by Rule
114(2)(b)—(c).
Accordingly, the Commission conditionally denies the Company's Application. The
Company is hereby provided an opportunity to cure these deficiencies. Within 21 days from the
service date of this Order, the Company shall file all outstanding information and documentation
required under Rule 114 and Order No. 26665 for the Commission's review and consideration.
Upon receipt of the Company's supplemental filing, Staff shall review the submitted materials and
provide a recommendation to the Commission regarding the appropriate next steps for processing
the outstanding information and documentation.
If the Company timely files the required materials, the Commission will reevaluate the
Application based on the supplemented record. However, if the Company fails to provide the
required information within the time allowed, the Commission will issue a final order formally
denying the Company's Application for a CPCN to provide local exchange services in the State of
Idaho.
ORDER
IT IS HEREBY ORDERED that the Company's Application for a CPCN to provide local
exchange services in the State of Idaho, is conditionally denied.
IT IS FURTHER ORDERED that within 21 days from the service date of this Order, the
Company shall submit all outstanding information and documentation required under Rule 114
and Order No. 26665.
1 Basic local exchange service means the provision of access lines to residential and small business customers with
the associated transmission of two-way interactive switched voice communication within a local exchange calling
area.Idaho Code§ 62-603(1).
ORDER NO. 36986 4

IT IS FURTHER ORDERED that Staff shall review the submitted materials and provide a
recommendation to the Commission regarding the appropriate next steps for processing the
outstanding information and documentation
THIS IS AN INTERLOCUTORY ORDER rather than a final and appealable Order of the
Commission.While the Commission may review, stay,or clarify an interlocutory order,the period
of reconsideration will not begin until the Final Order is issued.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 2nd day of
April, 2026.
G
EDWARD LODGE,PR c DENT
JO R. HAMMOND JR., COMMISSIONER
DAYN HA DIE, COMMISSIONER
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Commission Secretary
ORDER NO. 36986 5