20210928_rn2.pdf

DECISION MEMORANDUM 1

DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: RILEY NEWTON
DEPUTY ATTORNEY GENERAL

DATE: SEPTEMBER 24, 2021

SUBJECT: FRONTIER COMMUNICATIONS OF AMERICA, INC.’S NOTICE FOR
CANCELLATION OF CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY NO. 323; CASE NO. CTZ-T-21-01.

On May 14, 2021, the Commission received a Notification from Frontier
Communications of America, Inc. ("Frontier") and Frontier Communications Online and Long
Distance, Inc. ("Frontier Online" and together with Frontier America, the "Frontier Companies")
seeking to withdraw and discontinue their provision of IXC/Title 62 Service including
withdrawing Frontier's Certificate of Public Convenience and Necessity (CPCN Certificate No.
323).1
In the Notification, the Frontier Companies stated they would like to "withdraw and
discontinue services effective August 12, 2021, or such earlier date as permitted by the
Commission." Notification at 1. The Frontier Companies also requested a waiver from the
requirements of Idaho Code § 62-612(2) and IDAPA 31.01.01.020 to post “an advertisement in a
newspaper or to perform any other notification requirement” because, at the time of the
Notification, they did “not have any customers in Idaho.” Id. at 2, fn. 3. Frontier’s request to cancel
its CPCN was approved by the Commission as a consent agenda item at the June 15, 2021, decision
meeting.
While preparing the Final Order, it was discovered that the Frontier Companies’
additional request to waive the public notice requirements was inadvertently omitted from the

1 Frontier was granted Certificate No. 323 in January 1997 in Case No. CTZ-T-96-01.
DECISION MEMORANDUM 2

original decision memo. Because this issue was not brought to the attention of the Commission the
case is not yet fully submitted.
STAFF RECOMMENDATION
To bring the issue more fully before the Commission, Staff recommends the
Commission issue a Notice of Application and Notice of Modified Procedure with a 21-day
comment period and a 7-day reply period.
COMMISSION DECISION
Does the Commission wish to grant the Frontier Companies’ request for a waiver of
the public notice requirements and issue a Final Order? Or does the Commission wish to issue a
Notice of Application and Notice of Modified Procedure with a 21-day comment period and a 7-
day reply period?

Riley Newton
Deputy Attorney General

I:\Legal\TELECOM\CTZ-T-21-01\CTZT2101_DEC.MEM2_rn.docx