The Minnesota Public Utilities Commission (PUC) posted an update to the case regarding LTD Broadband’s ETC designation. (This has been an ongoing story for some times, you can check out this fairly recent recap of events to catch up.) They have granted LTD Broadband’s request to relinquish the designation only in the areas in the impacted by RDOF…
In the Matter of a Petition to Initiate a Proceeding to Revoke the Expanded Eligible Telecommunications Carrier Designation of LTD Broadband LLC and Deny LTD’s Funding Certification for 2023
In the Matter of the Petition of LTD Broadband LLC to Expand Its Designation as an Eligible Telecommunications Carrier
The above-entitled matter was considered by the Commission on June 6, 2024, and the following disposition made:
Granted LTD Broadband’s Request to relinquish the Company’s RDOF ETC designation in the census block identified in the Commission’s June 3, 2021 order in Docket No. P-6995/M-21-133.
This decision is issued by the Commission’s consent calendar subcommittee, under a delegation of authority granted under Minn. Stat. § 216A.03, subd. 8 (a). Unless a party, a participant, or a Commissioner files an objection to this decision within ten days of receiving it, it will become the Order of the full Commission under Minn. Stat. § 216A.03, subd. 8 (b)
The update includes LTD Broadband’s recent letter to the PUC…
Re: Docket No. Docket No. P-6995/M-21-133 Application of LTD Broadband, LLC for Designation as an Eligible Telecommunications Carrier for Purposes of Receiving Rural Digital Opportunities Fund Support
Dear Mr. Seuffert,
I am writing on behalf of LTD Broadband, LLC (“LTD Broadband”) regarding the ETC expansion granted to us by the Minnesota Public Utilities Commision on June 3, 2021. Weare requesting to relinquish this expansion as it pertains to the ETC designation for RDOF only as it was obtained as a requirement for our successful bids in the Federal Communications Commission’s (“FCC”) Rural Digital Opportunity Fund (“RDOF”).
Our application for Authorization as it pertains to RDOF was specifically tied to the census blocks in which we were slated to receive RDOF support. However, subsequent developments have led to a change in circumstances. The Wireline Communications Bureau (“Bureau”) denied our RDOF “Long Form” application, which we then appealed to the FCC. Unfortunately, the FCC upheld the Bureau’s decision, resulting in LTD Broadband not receiving any RDOF support to provide service in the state.
This outcome has left us disappointed and puzzled, as the FCC’s decision seems to contradict the very purpose of RDOF: to connect unserved and underserved Americans. Given these developments, and in accordance with 47 U.S.C. § 214(e)(4) as well as Minnesota 7811.1400 ETC Designation in regards to relinquishment of universal service, which allows an ETC to relinquish authorization under certain conditions, we respectfully request to relinquish the authorization of ETC as it pertains to RDOF.
Please be aware that while this request pertains to our ETC Authorization designation for RDOF only, our CAF2 ETC designation remains in place. Also the unregulated broadband service provided under LTD Broadband remains available in the state, and this request for relinquishment of RDOF ETC designation will have no impact on those subscribers.
Here’s an abridged version of what the Office of Administration Hearings recommended…
Based upon the submissions of the parties, pursuant to Minn. R. 1400.5500, .5900, .6600, .7600 (2023), and for the reasons explained in the accompanying Memorandum, the Administrative Law Judge issues the following:
ORDER
- The Motion is CERTIFIED to the Commission.
- Further proceedings in this case are CANCELLED, and jurisdiction over this matter in its entirety is REFERRED to the Commission.
MEMORANDUM
Under Minn. R. 1400.5900, parties to a contested case may informally dispose of a matter by stipulation at any point during the proceedings. Further, under Minn. R. 1400.7600, a party may request that a pending motion be certified to the agency. In considering a request for certification, the Administrative Law Judge must consider whether a final determination by the agency will advance the ultimate termination of the hearing and whether the issues are solely within the expertise of the agency.1 Additionally, the Administrative Law Judge has the authority to make orders as deemed appropriate and may do all things necessary and proper to the adjudication of a contested case matter.2
In this case, based upon LTD’s notice that it seeks to relinquish its expanded ETC designation, the parties agree that this matter should be referred to the Commission for consideration of a final decision. The Administrative Law Judge concurs that no further contested case proceedings are necessary and that jurisdiction should be returned to the Commission so that it may consider LTD’s petition and issue a final order. Therefore, she CERTIFIES the Motion to the Commission under Minn R. 1400.7600(B), (F), and refers jurisdiction over this case in its entirety to the Commission pursuant to the parties’ stipulation and Minn. R. 1400.5500(J), (Q), .5900.