Last month, I started posting comments from the public on the MN Public Utility Commission’s case with LTD Broadband and a request to look at revoking their ETC designation. Last week, I added two more and over the weekend three more comments.

Today I have comments from:

• LTD Broadband
• Minnesota Farmers Union
• Minnesota Telecom Alliance and Minnesota Rural Electric Association submit a number of nondisclosure forms.

LTD Broadband comments…

LTD Broadband, LLC (“LTD”), by its counsel, hereby responds to the “Notice of Comment Period” issued July 21, 2023 by the Minnesota Public Utilities Commission (the “Commission”). The Commission seeks comment in response to ALJ LeFave’s grant of a Motion to Certify1 to the Commission on the maintenance of the current stay as well as the Motion to Suspend ETC Designation (the “Motion to Suspend”) jointly filed by the Minnesota Telecom Alliance (“MTA”) and the Minnesota Rural Electric Association (“MREA”) (together, the “Movants” or “MTA and MREA”).

The Movants are seeking to embroil the Commission in entirely unnecessary proceedings on the basis of speculation, inconsistent logic, and a fundamentally inaccurate characterization of the posture of LTD’s application for Rural Digital Opportunity Fund (“RDOF”) support before the Federal Communications Commission (“FCC”). The Motion is simply an attempt to extinguish arbitrarily LTD’s current ETC status as a means of prejudicing LTD’s position in matters still pending before the FCC, including LTD’s pending Application for Review 3 seeking FCC reversal of a staff decision denying LTD’s RDOF long-form application.

They follow that up with 10 pages of explanation; here’s an outline of their arguments.

1. The Stay Should Remain in Place.
   1. No Party Other Than LTD is Damaged by Maintaining the Status Quo.
   2. The Motion to Suspend is Based on a False Premise Regarding the Relief that the FCC May Grant in Ruling on LTD’s Application for Review.
   3. Further Proceedings at This Time Would Squander Both Public and Private Resources.
2. The Motion to Suspend Should Be Held in Abeyance, or Simply Denied, Pending Final FCC Action as It Relies Heavily on Staff-Level Findings at the Preliminary Stage of a Federal Agency Proceeding That Is Not Yet Final.

An interesting part of their argument…

At a recent conference, Minnesota Office of Broadband Development Executive Bree Maki was quoted as saying that the allocated amount is “not going to be enough” to connect all Minnesotans to broadband.15 But the $311 million that LTD is seeking from the FCC would add a significant amount of broadband funding dollars on top of what NTIA has allocated, helping the state achieve its goal of universal broadband.

Minnesota Farmers Union comments…

On behalf of Minnesota Farmers Union (MFU), I urge the Commission to support the petitioner’s motion to suspend LTD’s Eligible Telecommunications Carrier (ETC) designation. I, and many of the members I represent, are concerned that LTD’s inability to fulfill its obligations as a broadband provider will further delay deployment of the broadband that rural communities need and deserve.
…
However, in speaking with members in Le Sueur County and others, I have become concerned that LTD will not only fail to provide broadband services to rural communities but will also further delay broadband deployment by experienced providers. In the Federal Communication Commission’s August 10th, 2022 rejection of LTD’s application for RDOF subsidies, the FCC recognized that support of risky, unproven, and unrealistic companies not only wastes public monies, but also stands in the way of experienced providers delivering the quality internet service.

Burying fiber and other projects that make use of right-of-way effect farms. LTD’s lack of communication with local governments is concerning and could lead to conflicts with and confusion among landowners. I appreciate your consideration.

Minnesota Telecom Alliance and Minnesota Rural Electric Association submit a number of nondisclosure forms.