20260520Second Notice of Modified Procedure Order No. 37044.pdf

Office of the Secretary
Service Date
May 20,2026
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ZIPLY FIBER ) CASE NOS. ZFP-T-24-02
PACIFIC, LLC,D/B/A ZIPLY FIBER'S ) ZWL-T-24-02
APPLICATION FOR DESIGNATION AS AN )
ELIGIBLE TELECOMMUNICATIONS ) SECOND NOTICE OF
CARRIER IN THE STATE OF IDAHO TO ) MODIFIED PROCEDURE
RECEIVE FEDERAL LIFELINE SUPPORT )
ORDER NO. 37044
IN THE MATTER OF ZIPLY WIRELESS, )
LLC,DB/A ZIPLY FIBER'S APPLICATION )
FOR DESIGNATION AS AN ELIGIBLE )
TELECOMMUNICATIONS CARRIER IN )
THE STATE OF IDAHO TO RECEIVE )
FEDERAL LIFELINE SUPPORT )
On October 3, 2024, Ziply Fiber Pacific, LLC dba Ziply Fiber applied to the Idaho Public
Utilities Commission("Commission") for designation as an Eligible Telecommunications Carrier
("ETC") in the State of Idaho. Case No. ZFP-T-24-02. On November 1, 2024, Ziply Wireless,
LLC dba Ziply Fiber applied to the Commission for designation as an ETC in the State of Idaho.
Case No. ZWL-T-24-02.1 On March 30, 2025,the Commission issued Notices of Application and
Notices of Modified Procedure setting comment deadlines. Order Nos. 36515 and 36517.
On September 10, 2025, the Company filed a Motion to Table Deliberations ("Motion").
The Company requested that the Commission table its deliberation until the information that
Commission Staff("Staff") believed was pertinent was included in the record. Motion at 1. The
Company also requested additional time to collaborate with Staff regarding those concerns, and
the Company represented to the Commission that"good cause exist[ed] to defer deliberations until
[Staffs] concerns ha[d] been fully addressed and the record properly supplemented, thereby
allowing the Commission's decision to rest upon a complete and accurate record."Id. at 1-2.
During the Commission's September 11, 2025, decision meeting, the Commission denied
the Motion finding that the procedural schedule for comments on the Applications had already
' For the purposes of this Order, as both companies are dba Ziply Fiber, the Commission shall refer to them in the
singular("Company").
SECOND NOTICE OF MODIFIED PROCEDURE
ORDER NO. 37044 1

passed. The Commission noted that the Company could continue working with Staff and was free
to file late additional information,which the Commission might consider.
On November 10, 2025, the Company filed the Declaration of Jessica Epley including
confidential attachments. On March 19, 2026, the Company filed a Supplemental Notice
Regarding Tribal Notification. In its supplemental notice, the Company requested that the
Commission: (1) accept the Supplemental Notice Regarding Tribal Notification; (2) accept the
attached Tribal notice materials as part of the record supporting the application; and (3) consider
the ETC application once the Commission was satisfied that Tribal authorities had a reasonable
opportunity to review and respond to the notice provided.
Having reviewed the record and the submitted requests,the Commission finds it reasonable
to issue this Second Notice of Modified Procedure to provide additional time for any interested
parties to provide comments. Given the long history of these proceedings,the Company is directed
to submit all materials it deems relevant to support the claims and requests in its Application so
that the Commission has a full and complete record with which to make its final determination.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to the Commission's Rules of Procedure 201-204, IDAPA 31.01.01.201-.204.
The Commission notes that Modified Procedure and written comments have proven to be an
effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments and explain why written comments alone are insufficient. Persons interested in filing
written comments must do so within 21 days of the service date of this Order.Comments must
be filed through the Commission's website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission's website at http://www.puc.idaho.gov/.
Click the "Case Comment Form" and complete the form using the case number as it appears on
the front of this document.
To file by e-mail,persons must e-mail the comments to the Commission Secretary and all
parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide
SECOND NOTICE OF MODIFIED PROCEDURE
ORDER NO. 37044 2

their name, address, and the Case Number under which they are commenting. Persons submitting
a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a
public record under Idaho Code § 74-101(13), and all information provided by such person is
available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission and
the Parties at the addresses below.Persons submitting a comment by mail must provide their name,
address, and the Case Number under which they are commenting. Persons submitting a comment
by mail also acknowledge that submitting a comment in an open case constitutes a public record
under Idaho Code§74-101(13),and all information provided by such person is available for public
and media inspection.
For the Idaho Public Utilities For the Company:
Commission:
Jessica Epley
Commission Secretary Ziply Fiber
Idaho Public Utilities Commission 135 Lake Street South, Suite 155
PO Box 83720 Kirkland, WA 98033
Boise, ID 83720-0074 jessica.epley�a,ziply.com
s ecretary&puc.Idaho.gov
Street Address for Express Mail:
11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within 28 days of the service date of this Order.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set,the Commission will consider this matter on its merits and enter its Order
without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.
ORDER
IT IS HEREBY ORDERED that the Application be processed by Modified Procedure.
Persons interested in submitting written comments must do so within 21 days of the service date
of this Order. The Company must file any reply comments within 28 days of the service date of
this Order.
SECOND NOTICE OF MODIFIED PROCEDURE
ORDER NO. 37044 3

IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary.See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 20th day of
May 2026.
G
E ' ARD LODGE, PR „ DENT
/7-�'- �4�
JO R. HAMMOND JR., COMMISSIONER
1_
DAYN HA DIE, COMMISSIONER
ATTEST:
M/on'ich A17dU4nchez
Commission Secretary
I:\Legal\TELECOM\ZFPT2402\ZFP_Z WL_T2402_NotMod_cb.docx
SECOND NOTICE OF MODIFIED PROCEDURE
ORDER NO. 37044 4