20260423Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ALLISON MOORE
ERIKA K. MELANSON,DEPUTY ATTORNEY GENERAL
DATE: APRIL 23, 2026
SUBJECT: IN THE MATTER OF THE APPLICATION OF WEST FIBER,LLC FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
WITHIN THE STATE OF IDAHO; CASE NO. WFL-T-25-02.
On August 22, 2025, the Idaho Public Utilities Commission ("Commission") issued an
order granting West Fiber, LLC, doing business as HyperFiber ("Company") a Certificate of
Public Convenience and Necessity ("CPCN"). Order No. 36734. The Commission also directed
the Company to submit separate compliance filings by September 12, 2025, December 12, 2025,
and March 12, 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 11, 2025, December 9, 2025,
and March 9, 2026. All three filings indicated that the Company did not yet serve local exchange
customers.
On April 14, 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

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. Staff recommends that the
extension be subject to the following conditions:
1. The Company provide three reports to the Commission indicating the number of basic
local exchange customers it has and the services being offered. These reports will be
due as follows:
a. July 1, 2026;
b. October 1, 2026; and
c. December 31, 2026.
2. The Company begin providing 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. 36734.
COMMISSION DECISION
Does the Commission wish to grant an extension to the Company, subject to meeting the
previously listed conditions recommended by Staff, and allowing until December 31, 2026, for the
Company to begin providing basic local exchange services in the State of Idaho?
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Allison Moore
L\Lega1\TELEC0M\WFL\WFLT2502_ext_amem.docx
DECISION MEMORANDUM 2