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HomeMy WebLinkAbout20260429Interlocutory_Order_No_37014.pdf Office of the Secretary Service Date April 29,2026 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF WEST FIBER,LLC'S ) CASE NO.WFL-T-25-02 APPLICATION FOR A CERTIFICATE OF ) PUBLIC CONVENIENCE AND NECESSITY ) TO PROVIDE LOCAL EXCHANGE ) ORDER NO. 37014 TELECOMMUNICATIONS SERVICES ) WITHIN THE STATE OF IDAHO ) 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 its 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 of time to provide basic local exchange services in Idaho by December 31, 2026, and agreed to provide additional intermediate compliance filings should the Commission deem necessary.Id. At the Commission's Decision Meeting on April 23, 2026, Commission Staff presented a Decision Memorandum recommending that the Commission approve the Company's request for an extension of time to provide local exchange services in Idaho by December 31, 2026. The recommendation also included a requirement for the Company to submit progress reports on July 1, 2026, October 1, 2026, and December 31, 2026, detailing the number of basic local exchange customers served and the services offered. Based on our review of the record, the Commission now issues this Order granting the Company's request for an extension. ORDER NO. 37014 1 COMMISSION FINDINGS AND DECISION The Commission has jurisdiction over this matter and the issues in this case under Title 61 of Idaho Code. The Commission is vested with the authority to grant a CPCN to the public utilities operating in Idaho. Idaho Code §§ 61-526 through -528. The Commission evaluates applications from telecommunications providers to determine whether the applicant satisfies the requirements set forth in Commission Rule of Rule 114, IDAPA 31.01.01.114, for obtaining a CPCN to provide basic local exchange services in Idaho. See also Order No. 26665. The Commission has reviewed the Company's request for an extension of time to provide basic local exchange services within Idaho. The Company has represented that additional time is necessary to complete its deployment plans and begin offering service. The Commission finds that granting a limited extension of time is reasonable in this case. Accordingly, the Commission grants the Company an extension of time until December 31, 2026, to commence offering basic local exchange services in Idaho. The Commission directs the Company to submit a report as a compliance filing by July 1, 2026, October 1, 2026, and December 31, 2026. The reports shall include the number of basic local exchange customers currently served by the Company in Idaho, and a description of the basic local exchange services being offered. The Commission finds that the extension granted herein is conditioned upon the Company's actual provision of basic local exchange service. If the Company fails to submit the required compliance filing or to begin offering service by December 31, 2026, the Commission directs Staff to re-evaluate the matter at that time and make a recommendation to the Commission considering the revocation of the Company's CPCN consistent with Order No. 36733. ORDER IT IS HEREBY ORDERED that the Company's request for an extension of time is granted. IT IS FURTHER ORDERED that the Company shall file a report as a compliance filing by July 1, 2026, October 1, 2026, and December 31, 2026. The reports shall include the number of basic local exchange customers currently served by the Company in Idaho, and a description of the basic local exchange services being offered. 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. ORDER NO. 37014 2 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 291h day of April, 2026. G EDWARD LODGE PR c DENT Ir-IL JO R. HAMMOND JR., COMMISSIONER 1 DAYN HAKDIE, COMMISSIONER ATTEST: I JJQSI.-. M`66M a o nchez Commission Secretary I:\Legal\TELECOM\ZZZ_CLOSED TELEPHONE\WFL\WFLT2502_interloc_order_em.docx ORDER NO. 37014 3