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