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HomeMy WebLinkAbout20261006Notice_of_Application_Order_No_37193.pdf Office of the Secretary Service Date October 6,2026 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF CUSTER TELEPHONE ) CASE NOS. CTB-T-26-01 BROADBAND SERVICES LLC AND ) CUS-T-26-01 CUSTER TELEPHONE COOPERATIVE, ) INC.'S JOINT APPLICATION FOR ) NOTICE OF APPLICATION APPROVAL OF MERGER, TRANSFER OF ) CERTIFICATES OF PUBLIC ) NOTICE OF MODIFIED CONVENIENCE AND NECESSITY,AND ) PROCEDURE ELIGIBLE TELECOMMUNICATIONS ) CARRIERS ) ORDER NO. 37493 On March 19, 2026, Custer Telephone Broadband Services LLC ("CTBS") and Custer Telephone Cooperative, Inc. ("CTCI") (collectively the "Parties")jointly applied("Application") to the Idaho Public Utilities Commission ("Commission") requesting an order from the Commission approving: (1) the merger of CTBS into CTCI; (2) the transfer of CPCN Certificate No. 501 from CTBS to CTCI; and(3)granting eligible telecommunications carrier("ETC") status to CTBS. Application at 3-5. On May 5, 2026, the Parties filed an amended joint application ("Amended Application") to change the Parties' request for how CPCN Certificate No. 501 and CTBS' ETC status would be transferred to CTCI. Amended Application at 1-2. The Commission now issues this Notice of Application and Notice of Modified Procedure establishing written comment deadlines. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Parties represent that CTCI's principal place of business is in Challis,Idaho and that it supplies basic local exchange telecommunications services, manual telephone services, wide area telephone services, access services to inter-exchange carriers, special access services, broadband services, and other services that are requested or required.Id. at 2. Further, in 1989 the Commission issued Order No. 22519, which granted CTCI Certificate No. 308 (as amended)for an exclusive service areal and designated CTCI as an ETC for low-income support.Id. YOU ARE FURTHER NOTIFIED that the Parties represent that CTBS' principal place of business is also in Challis, Idaho, and that it is a full-service wireline carrier providing local 1 CTCI's service area was modified in 2007 and 2019(See Order Nos. 30290,30291,and 34463). NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 37193 1 exchange and broadband services that are facilities-based.Id. Further, in Case No. CTB-T-11-01, the Commission issued Order No. 32383, which issued to CTBS CPCN Certificate No. 501 and authorized CTBS to supply local exchange and interexchange services in Idaho.Id. at 2-3. In Case No.CTB-T-11-01 the Commission also issued Order No.33002,which permitted CTBS to operate as an ETC for low-income support in the Salmon, Idaho exchange area.Id. at 3. YOU ARE FURTHER NOTIFIED that the Parties represent that CTCI was created as a subsidiary of CTCI to purchase cable TV franchises. Id. However, currently, CTCI and CTBS provide the same or similar services to their customers in adjacent territories and thus CTCI feels that it is no longer necessary for CTBS to operate separately.Id. YOU ARE FURTHER NOTIFIED that the Parties represent that if the merger is approved, CTBS will no longer operate as a separate entity and instead will become a division of CTCI. Id. Further, CTCI will provide the services formerly provided by CTBS and the customers of CTBS will become CTCI's customers. Id. The Parties claim that merging the two entities will eliminate duplicative functions and result in saving costs.Id. YOU ARE FURTHER NOTIFIED that the Parties represent that if the merger is approved, CTCI will supply local exchange services as a competitive local exchange carrier in CTBS' service area that is described in CPCN Certificate No. 501. Id. at 4. CTCI asks that the Commission not merge CTBS' service territory with the competitive local exchange service territory of CTCI under Certificate No. 308.Id. CTCI requests that as a result of the merger, CPCN Certificate No. 501 be transferred to CTCI and that Certificate No. 308 remain in the name of CTCI.Id. CTCI represents that it will continue to offer the services described in CPCN Certificate No. 501 at the rates detailed in CTBS' price list that is on file with the Commission.Id. YOU ARE FURTHER NOTIFIED that the Parties represent that if the merger is approved, CTCI will continue supplying supported services in the Salmon,Idaho exchange area described in Order No. 33002. Id. at 5. CTCI requests that the ETC service area of CTBS be transferred to CTCI and placed in CTCI's name, and that CTBS' ETC service area not be merged with CTCI's separate ETC service area, detailed in Order No. 22519. YOU ARE FURTHER NOTIFIED that the Amended Application is available for public inspection during regular business hours at the Commission's office. The Amended Application is also available on the Commission's website at www.puc.idaho.gov. Click on the "TELECOM" icon, select"Open Cases," and click on the case numbers as shown on the front of this document. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 37193 2 YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 and Title 62 of the Idaho Code, and that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq. NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER 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 the Amended Application may file a written comment explaining why the person supports or opposes the Amended 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 by October 16, 2026. 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 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 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. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 37193 3 For the Idaho Public Utilities For the Parties: Commission: Commission Secretary Cynthia A. Melillo Idaho Public Utilities Commission Cynthia A. Melillo PLLC P.O. Box 83720 P.O. Box 1277 Boise, ID 83702-0074 Boise, ID 83701-1277 secretarykpuc.idaho. og_v JD Bennetts Custer Telephone Cooperative, Inc. P.O. Box 324 Challis, ID 83226 YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments by October 23, 2026. 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 final 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 Amended Application be processed under Modified Procedure. Persons interested in submitting written comments must do so by October 16, 2026. The Parties must file any reply comments by October 23, 2026 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. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 37193 4 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 6th day of October 2026. G EDWARD LODGE, PR_ IDENT J R. HAMMOND JR., COMMISSIONER DAYN HA IE, COMMISSIONER ATTEST: doUa anchez Commission Secretary IALega1\TELEC0M\CTB_CUST2601_merger\orders\ntc_app_mod_kr.docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 37193 5