20201103Telephonic Hearing Transcript Vol I.pdf

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CSB REPORTING
C e rtifi e d S h orth and Repo rte rs
Post Office Box9774
Boise,Idaho 93707
c sbreportin g@yahoo. com
Ph: 208-890-5198 Fax: l-888-623-6999
Reporter:
Constance Bucy,
CSR
BEFORE THE TDAHO PUBLIC UTILTT]ES COMMISSTON
rN THE MATTER OF FIBER BROADBANDL.L.C.'S ELIGIBTLITY TO HOLD
CERTTETCATE OF PUBLIC CONVENIENCEAND NECESSTTY NO. 526
CASE NO. FBL-T-20-01
TELEPHONIC HEARING
BEEORE
COMMISSIONER PAUL KJELLANDER (presiding)
COMMISSIONER KRISTINE RAPER
COMM]SSIONER ERIC ANDERSON
1.. i-t:
PLACE:Commission Hearing Room11331 West Chinden BIvd.Building B, Suite 2Ot-ABoise, fdaho
DATE:October 20, 2020
VOLUMEI-Pagesl-9
o ORIGI|YAL
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208.890.5r_98
APPEARANCES
For the Staff:Matt Hunter, Esq.
Deputy Attorney General
11331 West Chinden Blvd.Building 8, Suite 201-A
PO Box 83720Boise, Idaho 83720-0074
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APPEARANCES
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(208 ) 890-s198
EXHIB]TS
NUMBER DESCRIPTION PAGE
FOR THE STAFF:
1. Certified mail receipt Identified
Admitted
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1
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2 Order No. 34188 in CaseNo. EBL-T-20-01
Identified
Admitted
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CSB REPORT]NG
208.890. s198
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BO]SE, IDAHO,TUESDAY, OCTOBER 20,2020, 10: 1-0 A. M
COMMISSIONBR KJELLANDER: Well_, good
the time and place for a show causemorning. This is
hearing in Case No FBL-T-20-01, aJ_so
Broadband, LLC's,
referred to as 1n
eligibility to holdthe matter of Fiber
No. 526. The purpose of
Company an opportunity to
shoul-d not rescind Order
show cause why the
No. 34788 based on
CPCN, certificate of Public convenience and Necessity,
this hearing is to allow the
failure to meet the Commission's prescrj-bed
Commlssi-on
the Company's
condi-tions
for CPCN issuance. Rescinding this final- Order would
resul-t in a revocation of the company's Certifj-cate of
Public Convenience and Necessity.
For the record, my name is paul
Kjellander. Irm the Chair of today's proceedings. To my
left is Commlssioner Kristine Raper and to my right is
Commissioner Erlc Anderson. A show cause Order was
issued by this Commission on September 28, 2020. The
order stated severa.l- things, mostly noting questions that
should be raised and deal-t with in this specific
proceeding. Among them is why the commission shoul-d not
find the company violated conditj-on 3 and,/or condition 4
of the initlal Order, No. 34135; why the Commissiono25
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CSB REPORTING
208.890.5198 2
should not find the Company violated the CPCN
requirements in Order No. 26665; and why the
eligibility
Commi-ssi-on
should not rescind Order No.34135 pursuant to Idaho Code
Company's failure to meet theSection 6l-624 based on the
commission's prescribed conditions of the certificate of
Public Convenience and Necessity j-ssuance, thereby
revoking the Company's CPCN.
As we begin today, we also need to
recognize that as of this momentr we do not have a
representative of FBL on the line today and we did wait
for l-0 mlnutes before the proceeding began today to ar-low
them an opportunity to join us. Because we have other
hearings coming up today, at least one more, following
this one, the need to delay this much further is of
rittl-e significance, r think, in terms of developing more
for the record since we will have no additional
information from FBL. However, r do think it's necessary
to at least begin with the Attorney, Deputy Attorney
General, representing staff to get them official-1y on the
record, one, to notice up that they were here, and then,
two, if there is any additional- information that might be
of some rel-evance to this case that needs to get into the
record, we can go ahead and have that occur at this
pointr so why don't we begln if we coul-d have the Deputy
At.torney General identify themsefves for the record andt25
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CSB REPORTING
208 .8 90 . 5198
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we ' Il- proceed f rom there.
MATT HUNTER: Thank you, President
Kjellander and members of the Commission. I am Matt
Hunter representing
you your show cause
affidavit and those
will just
facts and
helpful as
Commission Staff. You have before
Order and you also have
facts are already in the
the attached
record, so I
of extrasimply stick to giving a l-ittle bit
also two additional exhibits which might be
the Commi-ssi-on considers this case.
The first issue is that the first fact
is that Commission Staff reached out to the National-
Pooling and Routing Number admj-nistrator concerni-ng to
inquire whether the Company had been assigned 1,000s
blocks of phone numbers and the National Pooling and
Routing Number administrator got back and responded that,
to their knowledge, they have not been assigned those
numbers. Additionally, Commission Staff
COMMISSTONER KJELLANDER: ExCuSe me, if I
could stop you there.
MATT HUNTER: Yes.
COMMISSIONER KJELLANDER: So t.hen in terms
of clarity with regards to that 1,000 number b1ock, those
numbers are specifically j-ssued for someone who intends
to provide basic local exchange service; would that be
correct?I 25
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CSB REPORTING
208 .8 90 . 5198
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MATT HUNTER: Commissioner Kjellander, I
believe that is correct.
COMMfSSIONER KTIELLANDER: So that would
i-ndicate at least from the information from the nationa]
numbering authority that
specific holder of a CPCN
this specific applicant or this
necessary to provide basic l_ocal_
sought the numbers
exchange service; would
that be the indicati-on?
MATT HUNTER: Commissioner Kjellander, I
think that is largely
member of Commission Staff, Daniel Klein. I donft know
if he has anything additional to add.
COMMISSIONER KJELLANDER :
there's no one to cross-examine him on
Wel-l-, since
the other side, I
donrt know that we need to necessarily put him in as a
witness. As I understand it, those numbers are
necessary, because if you don't have the numbers, you
canrt issue numbers to customers and so I think it's
pretty cl-ear that that helps us define at l-east whether
or not they
considered
have any current customers that would be
basic l-oca.l- exchange customers. .Sorry for the
has not
correct. We also have here a
j-nterruption , af you'd please cont j-nue.
MATT HUNTER: Certainly.
Commi-ssion Staff checked the FCC's data
Additionally,
base to see
whether the Company is an authorized provider of25
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CSB REPORTING
208.890.5198
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interconnected vorP service. The commission Staff could
not find evidence that they are an authorized provider.
our administrators for the
the Idaho USF program to see whether they
The second piece of
Commission is that
information I want to
Commission Staff
TRS program and
have been
and
not been
is al-so a
provide to the
reached out to
making contrj-butions to
administrators responded
indicated that, to their
providing contributj-ons
requirement of the Order
CPCN.
those programs. Both
to Commission Staff
knowledge, they have
to those funds, which
granting their application for a
have a couple
permission, I
record.
That concludes my statement, but I al_so
of exhibits which, with the Commission's
would like to request be entered into the
COMMISSIONER KJELLANDER: I'm fine with
that. Why don't you from that location because
social di-stancing requj-rements we have, I don't
we necessarily need to have them handed to us at
point. As you want to get them into the record,
of the
know that
this
if you
likecould just describe them, what exhibit number you'd
them to haver we can move forward from there.
MATT HUNTER: Certainly; so the first
exhibit i-s the return receipt for the certified mai],25
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CSB REPORT]NG
208.890. s198
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which the Commission sent the show cause Order to the
Company. It was received based on
back, so 1t is a signed
back the signed receipt
before me is a copy, but
well in Commission f il-es.
COMMISSIONER
the signature and sent
The Commission received
6th and what I have
receipt.
on October
COMMISSIONER KJELLANDER: So would we
refer to that, then, as Exhibit 7?
MATT HUNTER:
officially, then,
Staff's Exhibit' 1
we al-so have the original AS
Exhibit 7, yes.
KJELLANDER: Okay; so
be l-abeled as Exhibit 7,that will
(Staff Exhibit No. 1 was marked for
ldentification. )
COMMISSIONER KJELLANDER: And continue.
MATT HUNTER: Second exhibit, Exhibit 2,
would be the fj-nal- Order in Case No. FBL-T-18-01, Order
No. 34135, issued by the
This granted the Company
Commission on August 3Oth, 2078.
or it approved the Company's
set the conditions. I requestapplication for a CPCN and
that this be entered into
helpful for the Commission
proceeding.
the record because it is
in considering this
(Staff Exhibit No. 2 was marked for
identification. )a 25
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CSB REPORT]NG
208.890. s198
COMM]SSIONER KJELLANDER: ThanK YOU, and
of those
the record
since there's,no one to object to the admission
exhibits, those exhibits will be admitted into
as Exhibit 1 and Exhibit 2.
(Staff Exhibit Nos. 1 e 2 were admitted
into evidence. )
COMMISSIONER KJELLANDER: And we
appreciate that information, because I think that
probably has cleared up any of the questj_ons that we
might have as a Commissj-on; however, as I l-ook over to
Commissioner Raper, I see an inquisitive eye and I'm
wondering if there are any questions that any of the
Commissioners have in reference to this specific case.
COMMISSIONER RAPER: I don't have any.
COMMISSIONER KJELLANDER: Okay, weII,
good. Mr. Hunter, I think that you along with I'm
going to recofllmend just press number two, but with that,
then, I want to thank both you and the Staff. I know
that you have had some significant support from Daniel
Klein who has been diligently following and tracklng
these issues and we appreciate the thoroughness j_n terms
of developing this record.
Again, officially, then, for the record,
we need to note that the Company has had ample
opportunity to be present at today's hearing and they are
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CSB REPORTING
208.890.5198
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not and with that, then, there appears to be no further
information
develop this
point at 18
that needs to be brought before us today to
record, so it would be my intent at this
minutes past the prescribed hour of the
this heari-ng to ask one l-ast time if therebeginning
is anyone
the timing
conference
of
representing -- Irm hearing from the speaker,
being perfect, that there is no one on the
line representing FBL,so at this point, then,
individuals whoit is my intent to
participated this
again thank the
mornlng, to thank my Commissioner
colleagues for being here and to say that for purposes of
this record, it is fully developed and we are adjourned.
(The Telephonic Hearing adjourned at
70220 a.m. )
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CSB REPORTING
208.890. s198
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AUTHENT]CATTON
Thls is to certify that the foregoing
Eiber Broadband, LLC's,proceedings
eligibility
Convenience
held in the matter of
to hold CPCN,
and Necessity,
Certificate of Public
No.526, commencing at
20, 2020, dt Commj-ssion
B1vd., Building 8, Suite
and correct transcript of
the original thereof for
10:10 d.fr.r on Tuesday, October
Hearing Room, 11331 W. Chinden
207-A, Boise, Idaho, is a true
said telephonic proceedings and
the fil-e of the Commission.
Q^=lv"*, 5.
CONSTANCE
Certified
S. BUCY
Shorthand Reporte #81
CONSTANCE S BUCY
NOTARY PUBtiC . STATE OF IDAHO
COMMISSION NUMBER 12095
MYCOMMISSION EXPIRES 9.5.2024
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Office of the Secretary
Service Date
August 30,2018
BEFORE THE IDAHO PUBLTC UTILITIES COMMISSION
IN THE MATTER OT THE APPLICATION
OF FIBER BROADBAND LLC d/b/a TRU
FIBER FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
CASE NO. FBL.T.18.O1
ORDER NO. 34135
On March 28,2018, Fiber Broadband, LLC dba Tru Fiber (the Company) applied to
the Commission for a Certificate of Public Convenience and Necessity (CPCN) authorizing it to
provide local exchange services and high-speed internet services in Idaho. The Commission issued
a Notice of Application and Notice of Modified Procedure with a Zl-day comment period. Order
No. 34121. Cornmission Staff was the only party to file written comments. After reviewing the
Application and comments, the Commission approves the Application.
THE APPLICATION
The Company is an Idaho limited liability company. Application at 3 and Exhibit A
thereto. The Company proposes, and requests authority, to offer local exchange and high-speed
internet services statewide withia the State of ldaho. Application al?.. lf certified, the Company
would provide optically based telephone service including both analog and digital PBX, as well as
broadband internet services. 1d. The Company would focus its service in Pocatello, Blackfoot,
Idaho Falls, Rexburg, and surrounding Centurylink territory. Id. at 2-3. It would pursue
interconnection agreements with Centurylink. Id. at l. The Company agrees to comply with all
Commission rules. Id. at4.
STAFF COMMENTS
Staff reviewed the Company's Application and supplemental filings for compliance
with the applicable legal requirements for obtaining a CPCN. Based on its review, Staff believes
the Company understands and agrees to comply with the Commission's rules and requirements.
Staff believes the Company has fulfilled all requirements for a CPCN and recommended approval
of the Company's Application.
DISCUSSION AND FINDINGS
Based on orr review of the record, including the Company's Application and Staffs
comments, we find that the Company's Application complies with the requirements for a CPCN.
Rule of Procedure I 14 sets forth the requirements that competitive local exchange carriers - such
0RDER NO. 34135
)
)
)
)
)
)
I
O5i-F?
EXHIBIT
l
astheCompany-mustsatisfytoobtainaCPCN. IDAPA3l.01.01.l14. WefindthattheCompany
has provided all needed information in its Application, including financial information, and that
the Company possesses the requisite financial, managerial, and technical qualifications to operate
as a telecommunications service provider. We also find that the Company knows of and has agreed
to comply with this Commission's rules. For these reasons, we approve the Company's
Application for a CPCN subject to the following conditions:
The Company shall Comply with number pooling and reporting
requirements of the North American Numbering Plan Administrator, as set
forth in Commission Order No . 30425;
2. The Company shall provide necessary reports and contribute as appropriate
to the Idaho Universal Service Fund, Idaho Telecommunications Relay
System, Idaho Telecommunications Service Assistance Program, and
comply with all future reporting requirements deemed appropriate by the
Commission for competitive telecommunication providers;
3, The Company provide a brief confidential report to Commission Staff on
February 1,2019, and August 1,2019, with an update on the number of
customers who are currently receiving basic local exchange service from the
Company; and
4. The Company shall relinquish its CPCN and all telephone numbers if, within
one year of issuance of a CPCN, the Company is not providing local
exchange telecommunications services in Idaho.
ORDER
IT IS HEREBY ORDERED that the Company's Application for a CPCN is granted
subject to the conditions outlined above.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. ^See ldaho Code gg 6l-626 and 62-619.
ORDERNO.34l35 2
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DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this Sd
day ofAugust 2018.
PAUL PRESIDENT
ONER
ERIC ANDERSON, COMMISSIONER
ATTEST:
t
Diane M. Hanian
Commission Secretarv
FBLTlS0l_cp_finol
nJORDERNO.34135