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HomeMy WebLinkAboutAPPLICATIONAPPLICATION OF COLUMBINE TELEPHONE COMPANY,INC.-2 1.Applicant is a certificated telephone corporation organized under the laws of the State of Wyoming providing telecommunications services, including local exchange service, within the State of Idaho. 2.Columbine is a wholly-owned subsidiary of Horizon. Horizon also owns Silver Star Telephone Company, Inc., a Wyoming corporation, Gold Star Communications, LLC, a Wyoming limited liability company, and Millennium Networks, LLC, a Wyoming limited liability company. 3.The Secured Guaranty, Unsecured Guaranty, and Restated Mortgage and Security Agreement are components of the proposed Horizon Loan transaction. The Horizon Loan will provide financing for planned capital expenditures of Horizon and its subsidiaries, including improvements to telecommunications facilities within Columbine's certificated service area in Idaho. 4.The material terms of the Horizon Loan are set forth in the Conditional Loan Commitment Letter from NCSC to Horizon dated April 17, 2026 (the "Commitment Letter") and the proposed Loan Agreement between NCSC and Horizon. Copies of the Commitment Letter, proposed Loan Agreement, proposed forms of the Secured Guaranty and Unsecured Guaranty, proposed Restated Mortgage and Security Agreement, and Columbine meeting minutes, attached separately as confidential Attachments 1–6, respectively, are being submitted contemporaneously with this Application as confidential information for Commission and Commission Staff review. 5.Under the proposed financing arrangements, Columbine's obligations under the Secured Guaranty will be secured by the Restated Mortgage and Security Agreement. The amount of the Horizon Loan secured by Columbine's assets will be limited to $12,000,000. The Unsecured Guaranty will not create any additional liens or security interests in Columbine's assets. The Horizon Loan will be further secured by first-priority liens on certain assets of Horizon. 6.Columbine submits that the proposed transactions are consistent with the public interest and appropriate for the proper performance of its duties as a certificated telephone corporation. A portion of the Horizon Loan proceeds will be used to fund Columbine's planned capital expenditures for the years 2027 through 2030, including (1) upgrades and expansion of core network elements and critical equipment; (2) expansion and modernization of existing network facilities with fiber optic infrastructure; and (3) related system improvements. These improvements are intended to enhance the quality, capacity, and reliability of telecommunications services within Columbine's certificated service area in Idaho. 7.The proposed Restated Mortgage and Security Agreement will secure obligations associated with financing improvements to Columbine's telecommunications facilities and operations. The $12,000,000 secured amount corresponds to the portion of the Horizon Loan proceeds allocated to improvements benefiting Columbine's Idaho customers. Columbine submits that the proposed security arrangement is consistent with the public interest and the purposes contemplated by Idaho Code § 61-901. 8.The Horizon Loan is a privately negotiated financing transaction between Horizon and NCSC. The material financial terms, including the interest rate, maturity, repayment APPLICATION OF COLUMBINE TELEPHONE COMPANY,INC.-3 provisions, and applicable fees and expenses, are described in the Commitment Letter and proposed Loan Agreement submitted with this Application. 9.A copy of Applicant's most recent Annual Report showing the authorized and outstanding classes of Applicant's securities is on file with the Commission, and Applicant respectfully requests that the Commission take official notice thereof. 10.A certified copy of Columbine's Board of Directors' resolutions authorizing the proposed transactions and this Application to the Commission is being submitted contemporaneously with this Application as confidential information. 11.A Proposed Order granting this Application is attached hereto as Exhibit A. 12.Notice of this Application will be published within seven (7) days of the date of this Application in The Idaho Statesman (Boise). A copy of the proposed Notice is attached hereto as Exhibit B. 13.Applicant submits that the public interest does not require a hearing on this matter and requests that the Commission consider and determine this Application without hearing or by Modified Procedure pursuant to Rules 144 and 201–204 of the Commission's Rules of Procedure. In the event the Commission determines that formal proceedings are necessary, Applicant stands ready for immediate hearing. 14.Applicant requests expeditious consideration of this Application pursuant to Rule 145 of the Commission's Rules of Procedure and respectfully requests that the Commission issue an Order approving the proposed transactions no later than November 30, 2026. 15.Applicant has enclosed its filing fee, calculated pursuant to Idaho Code § 61-905, in the amount of $1,000. 16.All notices and communications regarding this Application should be served upon: Elizabeth Koeckeritz Givens Pursley LLP 601 W. Bannock Street P.O. Box 2720 Boise, ID 83701 eak@givenspursley.com Michelle Motzkus, Secretary Columbine Telephone Company, Inc. P.O. Box 226 Freedom, Wyoming 83120 (307) 883-6690 mamotzkus@silverstar.net APPLICATION OF COLUMBINE TELEPHONE COMPANY,INC.-4 WHEREFORE, Applicant respectfully requests that the Commission enter an Order: 1. Authorizing Columbine Telephone Company, Inc. to execute and deliver the Restated Mortgage and Security Agreement, the Secured Guaranty, and the Unsecured Guaranty in connection with the Horizon Loan, as described in this Application and the accompanying confidential documents; and 2. Granting such other and further relief as the Commission deems just and reasonable in this matter. DATED this 23rd day of October, 2026. /s/ Elizabeth A. Koeckeritz Elizabeth A. Koeckeritz GIVENS PURSLEY LLP Attorneys for Applicant Columbine Telephone Company, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 23rd day of October, 2026 I caused an original of the foregoing to be served upon: Monica Barrios-Sanchez Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 E-mail: secretary@puc.idaho.gov by uploading the same to the Idaho Public Utilities Commission eFile portal. /s/ Elizabeth A. Koeckeritz Elizabeth A. Koeckeritz