20201103Telephonic Hearing Transcript Vol I.pdf

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CSB REPORTING
C ertfte d S horth and Rep o rte rs
Post Office Box9774
Boise,Idaho 83707
csbreportins@)rahoo.com
Ph: 208-890-5198 Fax: [phone]
Reporter:
Constance Bucy,
CSR
BEFORE THE IDAHO PUBLTC UTILTTIES COMMISSION
rN THE MATTER OF OPT]X MEDTA,L.L.C.'S EL]GIBILITY TO HOLD
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSTTY NO. 504
CASE NO. OML_T-20_01
TELEPHONTC HEARING
BEFORE
COMMISSIONER PAUL KJELLANDER (presiding)
COMMISSIONER KRIST]NE RAPER
COMMISSIONER ERIC ANDERSON
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PLACE:Commission Hearing Room
11331 West Chinden BIvd.Building 8, Suite 20t-ABoise, Idaho 1,.,
lfl;:
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DATE:October 20, 2020
VOLUMEI-Pagesl-B
a ORIGIIYAL
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CSB REPORTING
208.890.5r_98
APPEARANCES
Eor the Staff:Matt Hunter, Esq.
Deputy Attorney General
11331 West Chinden B1vd.Building B, Suite 20L-A
PO Box 83720Boise, Idaho 83720-0074
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APPEARANCES
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CSB REPORTING(208) Be0-s198
EXHIB]TS
NUMBER DESCR]PTION PAGE
FOR THE STAEF:
1. Certified mail receipt Identified
Admitted
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2 Order No. 34787 in Case
No. OML-T-20-01
Identified
Admitted
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EXHTBITS
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CSB REPORTING
208.890. s198
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BOTSE, fDAHO, TUESDAY, OCTOBER 20, 2020, 10:43 A. M
COMM]SSIONER KJELLANDER :Well-, good
a show causemornrng.
hearing in
the matter
This j-s the time and place for
Case No. OML-T-20-01, also referred to as in
of Optix Media L.L.C.'s eligibility to hol-d a
Certificate of Publ-ic Convenience and Necesslty No. 504.
As I mentioned, this is a show cause hearing and that
Order that was issued is that we're looking at in
terms of show cause was 34181, and that's based on the
Company' s
conditions
failure to meet the Company's prescribed
Order would
for CPCN issuance, and rescinding this final
result in the revocation of the Company's
of PubIic Convenience and Necessity.Certificate
My name is Paul- Kjellander. f 'm the Chair
of today's proceeding. To my left is Commissioner
Kristine Raper and to my right is Commissioner Eric
Anderson. A show cause Order was issued by this
Commission on September 29tin, 2020, and that Order stated
and rai-sed several questions that were to be addressed
today, which is why the Commi-ssion shoul-d not find the
Company violated condition 4 of Order No. 32516; why the
Commission shoul-d not find the Company violated the CPCN
eligibility requirements j-n Order No. 26665; and why theI25
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Commission shoul-d not rescind Order No. 325L6 pursuant to
Idaho Code Section No. 6L-624 based on the Company's
failure to meet the Commission's prescribed conditions
for CPCN issuance, thereby revoking the Company's CPCN.
I think it's important to note for the
record that this hearing was lntended to start at L0:30.
We waited for a period of about 13 minutes before
beginning today's proceedings to al-l-ow for a
representative of Optix Media L.L.C. to show up on the
bridge l-ine and Irve been informed that there is no one
on the l-ine to address that, ?ra just in case there's
someone in the room I donrt see or somehow they've
magically, mysteriously found their was on to some bridge
Ilne, I will simply ask for the record if there is anyone
presenL from Optix Media L.L.C. who wishes to be
recognized as a representative of that Company.
There is no one for the record who has
identified themselves as representing Optix Media L.L.C.
With that in mind, then, 1et's take the appearances of
the party representing Staff. We have a Deputy Attorney
General present, if you cou1d identify yourself for the
record.
MR. HUNTER: Thank you, President
Kjellander, members of the Commission. I am Matt Hunter
representing Commission Staff .
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COMMISSIONER KJELLANDER: Brief and well-
done. Is there anything
there's no one representing
also given the fact that
the Company, is there
anything that
as additional
needs to be brought
information for this
MR. HUNTER:
of the Commission, I just
add into the record as part
of information
before the Commission
record?
President Kjellander, members
I have a couple of items to
of this hearing, specj-ficaIIy
which will- be helpful in your
and also two exhibJ,ts,
is that Commission
a few pj-eces
consideration
so the first
Staff reached
Number administrator
of this proceeding
piece of information
out to the National Pooling and Routing
to see whether the Company has been
assigned any 1,000s blocks of telephone numbers. The
administrator responded back
their knowledge, this Company
blocks of telephone numbers.
block is
to Commission Staff and, to
1,000sis not assigned any
COMMfSSIONER KJELLANDER: Let
j ust
what a provider woul-d need to have
you for a moment on that point, and so
issue those numbers to someone who would be
local exchange and possibly even fixed VOiP?
MR. HUNTER: That is correct.
COMMISSIONER KJELLANDER: Thank you.
MR. HUNTER: The second piece of
me interrupt
that number
in order to
using basic
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CSB REPORT]NG
208.890. s198
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informati-on is that Commission Staff checked the ECC's
data base to see whether the Company's an authorized
interconnected VOiP service and theprovider of
Commission
authorized provider.
The third piece
Commission Staff reached out to
the Idaho USF administrator to
Staff could not find evidence that they are an
of information is that
the TRS administrator and
see whether
has been making contributions to either of
To the knowledge of those administrators,
contributions to thosenot been providing
COMMISSIONER KJELLANDER: So aS
this Company
those funds.
the Company has
funds.
clarification, then, what
that Staff coul-d not find
has taken steps or measures
local- exchange servj-ce and
to any inquiries about that
MR. HUNTER:
is correct.
enter a couple of exhibits.
fine if you
to actually provj-de basic
the Company has not responded
same subject matter?
Commissioner Kjellander, that
COMMISSIONER KJELLANDER: Thank you.
MR. HUNTER: At this time I would l-ike to
you're saying for the record is
any evidence that the Company
from your current location since
and if you could just let us know
COMMISSIONER KJELLANDER: And it would be
we t re social
just did it
distancinga25
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CSB REPORTING
208 .8 90 . 5198
5
what exhj-bit numbers that you intend to attach to each of
those and we can move forward from there as you explai_n
them.
Exhibit L,
MR. HUNTER: Certainly. Eirst one,
is a receipt, a certified mail- receipt. The
Order in this proceeding was sent to the
certified mail. ft was signed and returned to
show cause
Company by
the Commission.It was received by the Commission on
I have here a copy of it.
COMMISSIONER KJELLANDER: Thank your and
October 5th and
that would be Exhibit No. 1
MR. HUNTER: That would be Exhibit No.
1
COMMISSIONER KJELLANDER: Since there is
no one to object on that, then, for the record, and we
will- reference that as Bxhibit 1 and make sure the court
reporter has it for the official record.
(Staff Exhibit No. l- was marked for
identification. )
MR. HUNTER: The second item, Exhibit No.
2, is also the final Order in Case No. OML-T-L2-01. This
Order approved Opecrs sorry, Optix's application for a
CPCN. The Order number on that is 32516 and that wou]d
be Exhibit No. 2.
COMMISSIONER KJELLANDER: And, again,a 25
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CSB REPORTING
208 .8 90 . s198
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since there is no one to object for the record, then,
that wil-l- be referenced as Exhibit No. 2 as part of the
official record and we'11 make sure the court reporter
gets a copy of that as well-.
(Staff Exhibit No. 2 was marked for
identification. )
COMMISSIONER KJELLANDER: Is there
anything else that needs to come before the Commission in
reference to this case?
MR. HUNTER: Presj-dent Kjellander, not at
this time.
COMMISSIONER KJELLANDER: Thank you very
much. At this point, then, f 'l-l- ask if there are any
questlons or comments from members of the Commission.
Seeing none, then, I'Il- ask one more time if there is
anyone either on the phone and/or present somewhere j-n
this room who is representing Optix Media L.L.C. and
werre hearing from no one on that matter, so at this
point, then, it is my intent to thank Staff, Daniel
Klein, for the efforts that he has put into this, ds wel-l-
l-ead counsel Matt Hunter for the thoroughness in terms of
developing this record, and from our perspective, then,
the record has been fu1Iy developed, and since there is
no one from Optix Media L.L.C. to respond to any of the
questj-ons that were posed in the show cause Order, it ist25
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CSB REPORTING
208.890.5198
my intent now to bring this
adj ourned. )
(A11 exhibits
identification were admitted
to a cl-ose, so we are
previously marked for
into evidence. )
(The Telephonic Hearing concluded at
10 : 50 a.m. )
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CSB REPORTING
208.890.5198
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AUTHENTICATION
This is to certify that the foregoing
telephonic proceedj-ngs held in the matter of Optix
Media L.L.C.'s eligibility to hold a Certificate of
Pub1ic Convenience and Necessity No. 504, commencing at
10:43 a.m., oo Tuesday, October 20, 2020, dt Commission
Hearing Room, 11331 W. Chinden Blvd., Building 8, Suite
201-A, Boise, Idaho, is a true and correct transcript of
said telephonic proceedings and the original thereof for
the file of the Commission.
/r*.
CONSTANCE S. BUCY
Certified Shorthand Repor #187
BUCYsCONSTANCE
OF IDNTOSTATEPUBLICNOTAFY
12995NUMBERCOMMIS$ION w2024EXPIRESMYcoMMls$loN
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Office of the Secretary
Service Date
April 11,2012
BEFORE THE IDAHO PUBLIC UTILTTTES COMMISSION
IN THE MATTER OF THE APPLICATION
OF OPTIX MEDIA L.L.C. FOR A
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
CASE NO. OML.T-12.01
0RDER NO. 32516
On January 26,2072, Optix Media L.L.C. ("Optix Media," or "Company'') filed an
Application, including a copy of its illustrative tariff, for a Certificate of Public Convenience and
Necessity ("CPCN"), pursuant to ldaho Code $$ 6l-526 through -528,1 IDAPA 31.01.01.111
(Rule 111), and Procedural Order No. 26665, to provide competitive local exchange
telecommunications services in Idaho.
On March 6, 2012, the Commission issued a Notice of Application and Modified
Procedure with a Zl-d,ay comment period. ,See Order No. 32475. Commission Staff ("Staff')
was the only party to submit written comments regarding Optix Media's Application.
THE APPLICATION
Optix Media is an ldaho limited liability company organized on December 19, 201l.
The Company lists its principal place of business as Chubbuck, Idaho. The Company is
registered with the Idaho Secretary of State and lists Brad McSpadden,7964 Prospector Hollow,
Pocatello, Idaho 83201, as its Idaho registered agent for service.
Optix Media states that it will operate as a facilities-based competitive Iocal exchange
carrier ("CLEC") and plans to negotiate an interconnection agreement with Centurylink to
market services in conjunction with complementary services offered by its affiliate company HJ
LLC dba Big Dog Internet ("HJ").
The Company indicates that it will initially offer optically-based dedicated poinr-to-
point and point-to-multipoint services including Tl and Ethemerbased services to business class
customers. The Company plans to collocate in the Centurylink Pocatello Cenhal Office to gain
access to copper circuits to supply ADSL, SDSL, and T1's. Further deployment will involve
remote terminals throughout the initial service territory of Pocatello, Blackfoot, Idaho Falls, and
Rexburg.
ORDERNO.32516
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EXHIBIT
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STAFF COMMENTS AND RECOMMENDATION
Staff reviewed Optix Media's Application and believes the Company understands and
has agreed to follow the Commission's rules and procedures. According to Staff, the Company's
filing comports with the requirements of the Commission Rules and Procedural Order No.
26665. Staff believes that Optix Media possesses the requisite financial, managerial, and
technical qualifications necessary to operate as a provider of telecommunications services.
Therefore, Staff recommended approval of Optix Media's Application for a Certificate of Public
Convenience and Necessity subject to the following conditions:
L The Company complies with number pooling and reporting requirement of
the North American Numbering Plan Administrator, as set forth in
Commission Order No. 30425;
2. The Company provides all necessary reports and makes appropriate
contributions to the ldaho Universal Service Fund (IUSF), Idaho
Telecommunications Relay System (TRS), Idaho Telecommunications
Service Assistance Program (ITSAP), and complies with all future
reporting requirements deemed appropriate by the Commission for
competitive telecommunications providers ;
3. Prior to issuance of the Certificate, Optix Media files a final price list with
all rates, terms, and conditions with the Commission; and
4. Optix Media agrees to relinquish its Certificate and all telephone numbers
if, within one year of issuance of a CPCN, the Company is not providing
local exchange telecommunications services in Idaho as defined by ldaho
Code $ 62-603(l).
COMMISSION DECISION
Based upon our review of Optix Media's Application and the record in this case,
including Staffs comments, the Commission finds that Optix Media's filing comports with the
Commission's Rules and Procedural Order No. 26665. Thus, we approve Optix Media's
Application for a Certificate of Public Convenience and Necessity, subject to certain conditions
more fully described below, to allow the Company to provide local exchange
telecommunications services in the State of Idaho.
0RDERNO. 32516 2
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ORDER
IT IS HEREBY ORDERED that the Application of Optix Media L.L.C. for a
Certificate of Public Convenience and Necessity to provide local exchange telecommunications
services within the state of Idaho is granted.
IT IS FURTHER ORDERED that Optix Media's Certificate of Public Convenience
and Necessity shall be subject to the following conditions: (1) compliance with the Number Pool
Administrator and Order No. 30425 mandating number resource utilization forecast (NRUF)
reporting; (2) contribution to the ldaho Universal Service Fund, tdaho Telecommunications
Relay System (TRS), Idaho Telephone Assistance Program (ITSAP) and any future reporting
requirements deemed appropriate for competitive telecommunication providers; (3) filing a final
and complete price list with the Commission containing all of its rates, terms and conditions; and
(4) the Company shall relinquish its certificate and any telephone numbers if, within one year of
the issuance of a CPCN in this case, the Company is not offering local exchange
telecommunications services in Idaho..
THIS IS A FINAL ORDER. Any person interested in the Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See ldaho Code $ 6l-
626.
aJORDERNO.325l6
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /l #
day of April2012.
UL PRESID
A.
MACK A. REDFORD,
(
MARSHA H. SMITH, COMMISSIONER
ATTEST
fir"*L /),.-Jl?
if{n n. Jewe{l
C6mmission Secretary
O:OML-T-l l-01_np2
4ORDERNO.32516