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HomeMy WebLinkAbout20260501APPLICATION.pdf RECEIVED NFC-T-26-01 May 1, 2026 IDAHO PUBLIC UTILITIES COMMISSION BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION OF IDAHO In the Matter of NFC NORTHWEST,LLC APPLICATION FOR CERTIFICATION AS A WHOLESALE COMMUNICATIONS PROVIDER IN IDAHO COMES NOW NFC Northwest, LLC ("NFC Northwest" or"Applicant"), by and through its undersigned representative, respectfully submits this Application for Certification as a wholesale communications provider in Idaho pursuant to Commission Order No. 32277 in Case No. GNR-T-11-01, Commission Rule of Procedure 114 ("Rule 114"), and Title 62 of the Idaho Code. In Order No. 32277, the Commission established a certification process for Title 62 telecommunications providers that do not provide basic local exchange service, finding that "registration or certification of telecommunications companies that do not provide basic local exchange service, as defined by state law, is necessary to enable those companies to access important rights or privileges identified in the federal Telecommunications Act as they enter the telecommunications markets in Idaho." Consistent with that framework, the Applicant seeks certification as a wholesale communications provider to facilitate its role as a facilities-based owner of fiber-optic infrastructure in Idaho. I. Name,Address and Form of Business (Rule 114.01) A. Applicant is a competitive telecommunications company that intends to offer intrastate telecommunications services for wholesale customers statewide. Such services will include private line and transport services. Applicant does not intend to provide basic local exchange service in Idaho. B. Applicant is a Delaware limited liability company. C. Applicant's principal place of business is 135 Lake Street South, Suite 155, Kirkland, Washington 98033. D. See attached Applicant's Certificate of Formation. E. See attached Certificate of Good Standing issued by the Secretary of State for the State of Delaware; Certificate evidencing Applicant's registration in Idaho as a foreign limited liability company. F. The name of Applicant's registered agent for service in Idaho is as follows: Corporation Service Company 608 North Capital Avenue NFC NORTHWEST,LLC'S APPLICATION FOR CERTIFICATION—Page 1 Boise, Idaho 83702 G. Applicant is a wholly owned subsidiary of NFC Management, LLC, 135 Lake Street South, Suite 155, Kirkland, Washington 98033, which is a wholly owned subsidiary of Network FiberCo, LLC, 135 Lake Street South, Suite 155, Kirkland, Washington 98033. Network FiberCo, LLC was formed through a strategic partnership between Northwest Fiber, LLC doing business as Ziply Fiber("Ziply Fiber"), 135 Lake Street South, Suite 155, Kirkland, Washington 98033, and PSPIB Quadratic Blocker, LLC, 1250 Ren& L6vesque Blvd. West, Suite 1400, Montr6al, Quebec H3B 5E9, Canada) a subsidiary of the Public Sector Pension Investment Board, 1250 Ren6-L&vesque Blvd. West, Suite 1400, Montr6al, Quebec 1­13B 5E9, Canada. ("PSP Investments"). Under the partnership, PSP Investments holds a 51% ownership interest and Ziply Fiber holds a 49% interest ownership. The Applicant does not own or control any subsidiaries. H. The names and addresses of the Applicant's officers are as follows: Name Address Title Byron E. Springer Jr. 135 Lake Street South, Suite 155 Chief Corporate Officer Kirkland, WA 98033 Glen LeBlanc 135 Lake Street South, Suite 155 Chief Financial Kirkland, WA 98033 Officer/General Manager I. Company Contacts Contact information is as follows: Jessica Epley Vice President, Regulatory&External Affairs 135 Lake Street South, Suite 155 Kirkland, WA 98033 Telephone: (503)431-0458 E-mail: Jessica.epleykziply.com Elizabeth Brayman Senior Manager, Regulatory & External Affairs 135 Lake Street South, Suite 155 Kirkland, WA 98033 Telephone: (503) 431-0458 E-mail: Elizabeth.brUman&z;jply.com General Regulatory Inquiries: reakziplyfiber.com Customer service inquiries and complaints: (866) 699-4759 (Rule114.05) J. Interconnection Agreements, if any(Rule 114.06): Applicant has not initiated interconnection negotiations and does not presently maintain any interconnection agreements. Based on Applicant's wholesale-only business model and operational structure, Applicant will have no need for separate third-parry interconnection agreements in order to provide its proposed services in Idaho. NFC NORTHWEST,LLC'S APPLICATION FOR CERTIFICATION—Page 2 As described in Section 1 above,NFC Northwest is a wholly owned subsidiary within the Network FiberCo corporate family. Within this same corporate family structure, Ziply Fiber Pacific, LLC—an affiliate operating under the Ziply Fiber brand—serves as the exclusive retail internet service provider on NFC Northwest's facilities, owns the single backhaul fiber connecting each local point of presence to the broader internet, and will operate and maintain NFC Northwest's network facilities on NFC Northwest's behalf. This arrangement ensures that interconnection functionality is addressed within the corporate family structure. NFC Northwest, as the owner of local fiber assets in public areas, relies on Ziply Fiber Pacific for the backhaul connection from the local point of presence to the internet and for all day-to-day operations, maintenance, customer activation, billing, network monitoring, and emergency response. For the municipalities NFC Northwest will serve, all day- to-day interactions—including construction coordination, permitting, inspections, traffic control, restoration, customer issues, and emergency response—will continue to be handled by Ziply Fiber Pacific personnel without the need for a separate interconnection agreement with a third-party carrier. II. Description of Services to be Provided The Applicant intends to provide wholesale telecommunications services in the State of Idaho. Specifically,NFC Northwest will serve as a facilities-based owner of local fiber-optic network infrastructure, constructing and maintaining distribution and access fiber to serve residential, business, and institutional locations. The Applicant's infrastructure is designed to support voice and internet access offerings that appeal to a broad spectrum of users, including residential consumers, small and medium-sized businesses, enterprises and public-sector entities, and community institutions such as schools, healthcare facilities, and public safety agencies. Because NFC Northwest does not provide retail services and does not act as a reseller of telecommunications or broadband services to end users, retail broadband services will be delivered exclusively by Ziply Fiber Pacific, LLC ("Ziply Fiber Pacific") over the Applicant's facilities. Ziply Fiber Pacific owns the single backhaul fiber connecting each local network to the broader internet, is the exclusive retail internet service provider on the Applicant's facilities, and is engaged to operate and maintain the Applicant's network facilities on the Applicant's behalf. As the Applicant will not be offering end-user services, no initial tariffs or price sheets are required pursuant to Order 32277. Rule 114.04. To comply with Commission Rule 114.05 Applicant states that Jessica Epley and Elizabeth Brayman are those persons responsible for any applicable Tariff or Price list inquiries to the extent Tariff or Price lists ever become applicable. Applicant, in coordination with its affiliated entities possesses sufficient managerial, technical, and operational capability to construct, maintain, and support the proposed wholesale telecommunications facilities in Idaho. Applicant's organizational structure provides access to experienced personnel, established network operations and maintenance functions, and the administrative resources necessary to operate the proposed facilities in a reliable manner and in compliance with applicable Commission rules and requirements. A. Compliance with Commission Rules NFC NORTHWEST,LLUS APPLICATION FOR CERTIFICATION—Page 3 The Applicant has reviewed the Commission's Rules and Procedures and agrees to comply with all applicable rules, pursuant to Rule 114.07. B. Release of Information Applicant hereby permits the release of its name, address and general business telephone number in response to a request for the same. C. Conservation of Telephone Numbers Consistent with the conditions imposed upon other wholesale communications providers certified by the Commission and Rule 114.08, including those set forth in Order No. 32417, the Applicant acknowledges and agrees that its certification shall be subject to the following conditions: Pursuant to Rule 114.08 and Commission Order No. 30425, non-paging telecommunications carriers with telephone numbering resources in Idaho shall be subject to numbering conservation measures, including mandatory one thousand(1,000) block pooling. The Applicant acknowledges that, to the extent applicable, all CLECs shall evaluate their numbering resources and donate to the numbering resource pool unused one thousand (1,000) number blocks and one thousand(1,000) number blocks that have fewer than ten percent(10%) of the telephone numbers assigned. Applicable carriers shall also file the necessary utilization reports with NeuStar and semi-annually report their number resource utilization/forecast data at the one thousand(1,000)block level for each rate center within their service territory. 1. The Applicant shall comply with all number pooling and reporting requirements of the North American Numbering Plan Administrator, as set forth in Commission Order No. 30425. 2. The Applicant shall provide all necessary reports and contribute as appropriate to the Idaho Universal Service Fund, Idaho Telecommunications Relay System, and the Idaho Telecommunications Service Assistance Program. 3. The Applicant shall comply with all future reporting requirements deemed appropriate by the Commission for competitive telecommunications providers.4 III. Conclusion For the foregoing reasons,NFC Northwest, LLC respectfully requests that the Idaho Public Utilities Commission approve this Application and certify the Applicant as a wholesale communications provider in Idaho, subject to the conditions described herein. DATED: 5/1/2026 Respectfully submitted, xNnbA9vC4s"mYaSDmkBDsrjg25 Jessica Epley Vice President, Regulatory&External Affairs NFC NORTHWEST,LLC'S APPLICATION FOR CERTIFICATION—Page 4 Delaware Page 1 The First State I, CHARUNI PATIBANDA—SANCHEZ, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF FORMATION OF "NFC NORTHWEST, LLC", FILED IN THIS OFFICE ON THE THIRTIETH DAY OF SEPTEMBER, A.D. 2025, AT 11:30 O'CLOCK A.M. C n°6 q 6�q Q A Cheruni Patibenda-Sanchez.Secretary of State ® 4d 10348297 8100 Authentication: 204901866 SR4 20254127126 Date: 09-30-25 You may verify this certificate online at corp.delaware.gov/authver.shtml CERTIFICATE OF FORMATION OF NFC NORTHWEST,LLC The undersigned authorized person, desiring to form a limited liability company pursuant to the Limited Liability Company Act of the State of Delaware hereby certifies as follows: 1. The name of the limited liability company is: NFC Northwest,LLC 2. The registered office of the limited liability company in the State of Delaware is located at 251 Little Falls Drive, in the city of Wilmington, County of New Castle, Delaware 19808. The name of the registered agent at such address upon whom process against this limited liability company may be served is Corporation Service Company. IN WITNESS WHEREOF,the undersigned has executed this Certificate of Formation of NFC Northwest,LLC this 301 day of September,2025. Name: Ana Castro Title: Authorized Person State of Delaware Secretary of State Division of Corporations Delivered 11:30 AM W3012025 FILED 11:30 A.110913012025 SR 20254127126 - File Number 10348297 Delaware Page 1 The First State I, CHARUNI PATIBANDA—SANCHEZ, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THAT "NFC NORTHWEST, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE NOT HAVING BEEN CANCELLED OR REVOKED SO FAR AS THE RECORDS OF THIS OFFICE SHOW AND IS DULY AUTHORIZED TO TRANSACT BUSINESS. THE FOLLOWING DOCUMENTS HAVE BEEN FILED: CERTIFICATE OF FORMATION, FILED THE THIRTIETH DAY OF SEPTEMBER, A.D. 2025, AT 11:30 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID CERTIFICATE IS THE ONLY PAPER OF RECORD, THE LIMITED LIABILITY COMPANY IN QUESTION NOT HAVING FILED AN AMENDMENT NOR HAVING MADE ANY CHANGE WHATSOEVER IN THE ORIGINAL CERTIFICATE AS FILED. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN ASSESSED TO DATE. h a .o F � s Cheruni Patibenda-Sanchez.Secretary of State 10348297 831u At hnei hmalc i 6203293153 R#5 20251092138 `"'" Dahe603-11-25 Y:t may verdy hncs oerhfmale:i Id e aho: rp.delaware.g:v/at Inver.snhmI W I� CD 00 0006462952 1 �r•TPS STATE OF IDAHO For Office use Only CD °•� Office of the secretary of state, Phil McGrane U' y C FOREIGN REGISTRATION STATEMENT (LIMITED -FILED- M . LIABILITY COMPANY) 4' File#:0006462952 `�r ti4 Idaho Secretary of State CD STE o� PO Box 83720 Date Filed: 10/17/2025 2:05:23 PM Boise, ID 83720-0080 J (208)334-2301 Filing Fee:$100.00 N CD N C TI Foreign Registration Statement(Limited Liability Company) I� Select one: Standard, Expedited or Same Day Service(see Standard (filing fee$100) . descriptions below) C) UI 1.The name this limited liability company will use in Idaho is: Type of Limited Liability Company Foreign Limited Liability Company Entity name NFC Northwest, LLC NFC Northwest, LLC (D (D 0 2.Home Jurisdiction (D The jurisdiction of formation is: DELAWARE C 3.The street address of its domestic principal office(if required by the laws of the jurisdiction of formation)is: (D Street Address None 4.The mailing address of its domestic principal office(if required by the laws of the jurisdiction of formation)is: Mailing Address None O 5.The complete street address of the principal office is: �h Principal Office Address 135 LAKE STREET SOUTH �' N- 155 n KIRKLAND, WA 98033 (D 6.The mailing address of the principal office is: Q Mailing Address 135 LAKE ST S 1-' STE 155 rt KIRKLAND,WA 98033-6488 �3' (D 7.Registered Agent Name and Address Registered Agent CORPORATION SERVICE COMPANY H Commercial Registered Agent Physical Address 1305 12TH AVE RD 0 NAMPA, ID 83686 W Mailing Address (D 1305 12TH AVE RD n NAMPA, ID 83686 n (D rt ® I affirm that the registered agent appointed has consented to serve as registered agent for this entity. ri 8.Governors Name Title Address 0 1-h Byron Springer Jr Manager 135 LAKE ST S STE 155 ct KIRKLAND, WA 98033-6488 W rt (D Signature of individual authorized by the entity to sign: Byron Springer Jr 1011712025 Sign Here Date Pagel of 3 Page 1 of 2 bd CD U, X, 0 Job Title: Manager cn OD 0 J N O N U-1 N O CIS rb (D 0 (D IJ- C (D O tfi tfi N- C� (D O tfi Ft (D H Q1 O W (D C� n (D c-t ri k< O tfi m c-r c-t (D Page 2 of 3 Page 2 of 2 CD Delaware Page 1 0C'n10 The First State Cn 0 I, CHARUNI PATIBANDA-SANCHEZ, SECRETARY OF STATE OF THE STATE J N OF DELAWARE, DO HEREBY CERTIFY "NFC NORTHWEST, LLC" IS DULY FORMED O N UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND N HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS 0 Cry OF THE THIRD DAY OF OCTOBER, A.D. 2025. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "NFC NORTHWEST, (D LLC" WAS FORMED ON THE THIRTIETH DAY OF SEPTEMBER, A.D. 2025. n (D (D O �-h N- 0 (D O r-h c-t (D H Q� O t!� (D 0 ri lD rt w C, � O Sao '-h (/1a~fyo�' o� Charuni Patibanda-Sanchez,Secretary of State 10349297 8300 Authentication: 204922921 m SR# 20254149270 ""- Date: 10-03-25 You may verify this certificate online at corp.delaware.gov/authver.shtml Page 3 of 3 eSignature Details Signer ID: xNnbA9vC4smaSDmkBDsrjg25 Signed by: Jessica Epley Sent to email: jessica.epley@ziply.com IP Address: 50.45.165.32 Signed at: May 1 2026, 11:13 am MDT