Tag Archives: MN PUC

MN PUC looking for comment on Petition of LTD Broadband LLC for Designation as an ETC

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The MN Public Utilities Commission (PUC) is looking for comments on Petition of LTD Broadband LLC for Designation as an ETC …

Issue: Should the Commission lift the January 18, 2023, stay of this proceeding issued by the ALJ? Should the Commission grant the MREA and MTA’s (Petitioner’s) motion to suspend LTD’s RDOF ETC designation previously granted by the Commission?

Topic(s) Open for Comment:

  • Parties can update the record in this proceeding since filings were made on March 29, 2023 and April 12, 2023.

  • Are there issues or concerns related to this matter?

The deadlines…

Comment Period: Initial comment period closes August 11, 2023 at 4:30pm

Reply comment period closes August 21, 2023 at 4:30pm

Comments received after the close of the comment period may or may not be considered by the Commission.

And the how-tos…

Filing Requirements: Utilities, telecommunications carriers, official parties, and state agencies are required to eFile documents using the Commission’s electronic filing system (eFiling). All parties, participants, and interested persons are encouraged to use eFiling at: https://www.edockets.state.mn.us/EFiling

Submit Public Comments:

Online: https://mn.gov/puc/get-involved/public-comments/, and follow the instructions.

Email: consumer.puc@state.mn.us U.S.

Mail: Consumer Affairs Office Minnesota Public Utilities Commission 121 7th Place East, Suite 350 St. Paul MN 55101

I have been tracking this situation, but I appreciate and will share their whole back ground on the topic…

On May 6, 2022, the Petitioners submitted the petition under Minn. Stat. § 216A.05, subd. 5, requesting that the Commission initiate a proceeding to revoke the expanded ETC status of LTD that was granted in the Commission’s June 3, 2021, Order Approving Petition for ETC Designation in Certain Census Blocks in Docket 21-133, and deny LTD’s funding certification for 2023. Petitioners argued that significant new facts have come to light since the ETC Order regarding LTD’s technical, managerial, and financial capabilities, and further investigation is needed to determine whether LTD can fulfill its obligations under the RDOF program. The Commission met to consider the petition on July 14, 2022.

On August 10, 2022, the FCC issued a Notice for Rural Digital Opportunity Fund Support for 80 winning Bids Ready to be Authorized; Bid Defaults Announced. The FCC’s Common Carrier Bureau (Bureau) reviewed LTD’s long form applications. The Bureau determined that, based on 1) the totality of the long-form applications, 2) the expansive service areas reflected in their winning bids, and 3) their inadequate responses to the Bureau’s follow-up questions, LTD is not reasonably capable of complying with the FCC’s On August 10, 2022, the FCC issued a Notice for Rural Digital Opportunity Fund Support for 80 winning Bids Ready to be Authorized; Bid Defaults Announced. The FCC’s Common Carrier Bureau (Bureau) reviewed LTD’s long form applications. The Bureau determined that, based on 1) the totality of the long-form applications, 2) the expansive service areas reflected in their winning bids, and 3) their inadequate responses to the Bureau’s follow-up questions, LTD is not reasonably capable of complying with the FCC’s

On August 16, 2022, the Commission issued a Notice of and Order for Hearing. In this Order, the Commission opened the instant proceeding to determine whether there was cause to revoke the Eligible Telecommunications Carrier designation of LTD Broadband LLC. As part of this Order, the Commission referred this matter to the Office of Administrative Hearings with the request that proceedings provide for discovery, the cross-examination of expert witnesses, and be conducted expeditiously (Ordering Paragraph 2).

On January 18, 2023, the Administrative Law Judge (ALJ) issued the Third Prehearing Order in this Docket. The Order stayed the proceeding pending a ruling by the FCC on LTD’s appeal of the denial of its long-form application.

On March 29, 2023, the Petitioners filed a motion to certify the Stay Order and Motion to suspend LTD’s ETC designation to the Commission.

On April 12, 2023, responses to the Petitioner’s motion were filed by LTD, the Minnesota Department of Commerce, and the Office of the Attorney General Residential Utilities Division.

On July 5, 2023, the ALJ issued an Order Granting Motion to Certify (Order). In this Order, the ALJ certified the ALJ’s Stay Order and the Petitioner’s Motion to Suspend to the Commission.

Mini update on MN PUC’s look at LTD Broadband: nonpublic documents are shared internally

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I have been tracking the saga of MN Public Utility Commission (PUC) investigation into LTD Broadband. Here’s a recap…

LTD was awarded an opportunity to apply for $311 million in federal RDOF funding. They needed the ETC designation from the MN PUC to qualify; industry folks asked the MN PUC to rethink their designation because there were concerns about LTD being able to fulfill the contract. Earlier, their application for RDOF was rejected. The MN PUC is still looking into LTD Broadband to decide if they should decide to revoke it. Last week, the PUC made a decision that could result in speeding up the resolution.

Not much to report, but I like having all the PUC actions in the blog so that I can easily track what’s happening. Today they sent out a notice that folks involved have signed documents saying they will not share documents that are not for public. This seems to indicate that the case in indeed moving forward.

EVENTS: MN PUC holding series of meetings to gather comments on CenturyLink phone services

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The Marshall Independent reports…

The Minnesota Public Utilities Commission will be looking for public comment on CenturyLink phone service at a series of hearings this month, including a hearing in Marshall. The hearings are part of proceedings started by a formal complaint from the Communications Workers of America. …

The CWA had filed a formal complaint in 2020, alleging that CenturyLink had failed to meet telephone service quality standards. According to the complaint, the allegations included failure to maintain equipment, delays in service installations and repairs, and service interruptions.

The PUC referred the matter to the Minnesota Office of Administrative Hearings for a contested case proceeding to examine the service quality concerns. The hearing notice said the case is only focused on phone service, and not on broadband or internet services.
Members of the public are encouraged to give comments on CenturyLink phone services at a series of public hearings around the state. The PUC said it will consider all the comments received during the hearings when making their final decision.

More info…

The in-person hearings start next week, with hearings in Thief River Falls and Hibbing, according to the PUC notice. Hearings will be held in Marshall on July 26, and Owatonna on July 27.

Virtual hearings will also be held July 21 at 10 a.m., and July 24 at 6 p.m. The public comment period on the case will be open until 4:30 p.m. on Aug. 31.

The PUC said members of the public can get more information on the proceedings by contacting Sally Anne McShane, at sally.anne.mcshane@state.mn.us or 651-201-2224 or Marc Fournier at

marc.fournier@state.mn.us or 651-201-2214.

The full case record of the proceedings is available online at mn.gov/puc/edockets.

  • If someone does not want to leave a verbal comment, they can leave a written comment.
  • Note that this docket only refers to voice customers of CenturyLink, aka not broadband-only customers. However, if a customer has a broadband and voice bundle, this docket applies to them.

Looking at LTD Broadband. MN PUC makes decision that could speed resolution

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I have been tracking the saga of MN Public Utility Commission (PUC) investigation into LTD Broadband. Here’s a recap…

LTD was awarded an opportunity to apply for $311 million in federal RDOF funding. They needed the ETC designation from the MN PUC to qualify; industry folks asked the MN PUC to rethink their designation because there were concerns about LTD being able to fulfill the contract. Earlier, their application for RDOF was rejected. On April 23, they held a preconference to decide whether or not to continue to look into revoking their ETC status. IN early May, several sides of the issue chimed in with opinions.

And here’s the latest news from the PUC (as of July 5, 2023)…

On January 18, 2023, these proceedings were stayed pending a ruling by the Federal Communications Commission (FCC) on LTD’s appeal of the denial of its Rural Digital Opportunity Fund (RDOF) long-form application. 1

On March 29, 2023, Petitioners filed a Motion to Suspend ETC Designation (Motion to Suspend) and a Motion to Certify the Stay Order and the Motion to Suspend. Commerce filed a response to Petitioners’ Motion to Certify on April 12, 2023. The OAG filed a Response to the Motion to Suspend and Motion to Certify on April 12, 2023. LTD filed a Response in Opposition to the Motion to Certify on April 12, 2023, in addition to a letter requesting additional time to respond to the Motion to Suspend if said Motion is certified to the Commission. The Administrative Law Judge declines to act on LTD’s request as it is not ripe until the Motion to Certify is granted.

Based upon the submissions of counsel and the hearing record, IT IS HEREBY ORDERED THAT:

1.Petitioners’ Motion to Certify is GRANTED.
2. The Administrative Law Judge hereby certifies the Stay Order and the Motion to Suspend to the Commission.
3. These Contested Case proceedings are STAYED pending the Commission’s ruling on the Stay Order and the Motion to Suspend.

The document outlines the players and the issues in some detail. Here’s the conclusion…

As to the Stay Order, a review of the factors compels certification. By definition, a review of a stay order is a controlling matter of law and would materially speed up the ultimate termination of the hearing. Here, it also allows the Commission to formally consider the effects of the FCC’s denial of LTD’s long-form application on this proceeding.

When considering whether to certify a pending motion, the administrative law judge will consider the factors listed in the rule, but “especially weighty are considerations of timeliness, agency expertise, and the nature of the issue involved.”25 All those factors strongly favor certifying the Motion to Suspend. Certification would lead to a quicker resolution of the issues, the issues are of import, and they are squarely within the Commission’s expertise. For all the reasons detailed above, Petitioners’ Motion to Certify the Stay Order and Motion to Suspend is GRANTED.

Update on PUC looking into LTD Broadband: LTD doesn’t want to file long form

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This is an ongoing saga. If you are new to the topic, here’s a very quick recap…

LTD was awarded an opportunity to apply for $311 million in federal RDOF funding. They needed the ETC designation from the MN PUC to qualify; industry folks asked the MN PUC to rethink their designation because there were concerns about LTD being able to fulfill the contract. Last month, their application for RDOF was rejected. On April 23, they held a preconference to decide whether or not to continue to look into revoking their ETC status.

Yesterday, the PUC posted a few documents I could view and I few that I couldn’t. Mane submitted document would include protected information; that may be the reason. (I have asked about it and hope to hear more about that later.)

I was able to view a letter from LTD Broadband lawyers saying they didn’t want to file their RDOF long form, because thye had already shared that information with engaged parties and a letter from MN Telecom Alliance saying they have received the Long Form from LTD.

From LTD Broadband lawyers…

Towards the end of the prehearing conference last Monday, Your Honor indicated that LTD Broadband, LLC (“LTD”) had not “filed” its Rural Digital Opportunity Fund long form application pursuant to your September 1, 2022 Second Prehearing Order. In the context of the proceedings at that time, LTD viewed the order as a memorialization of LTD’s voluntary agreement to “serve” the long form available on the state agencies and the petitioners and did not appreciate that there may have been a separate requirement to “file” the long form in the docket. LTD provided the parties with the long form on the afternoon of August 26, 2022 and believed that it had complied with its voluntary agreement with the other parties, which raised no objections to the documents served, and with Your Honor’s order.
LTD believes that any separate requirement to “file” the long form would be unnecessary. First, all of the parties that have signed the Protective Order have received the long form, such that filing it in the public docket would appear to be duplicative given the uncertainty over whether future proceedings will even be necessary. In addition, LTD notes that its long form is not pending with the FCC and unless or until that status changes, there is no value in further dissemination and disclosure of its contents, which remain highly sensitive and proprietary to LTD.
Every time these documents change hands, particularly through electronic transmission, it poses a risk of unintended disclosure of highly confidential financial, technical, and other business information with potentially very damaging consequences for LTD. Second, separately filing highly confidential, confidential, and public versions of more than 1,500 pages will take significant time and effort, at a time when Your Honor is considering action on the petitioners’ Motion to Stay and Motion to Certify. …

From MTA…

This letter is sent to address the following statement, which I made at the Prehearing on April 24, 2023, concerning information provided on August 26, 2022, by LTD in relation to LTD’s long form application before the FCC:
We received approximately 200 pages of material. We saw Bates stamps on the material that went up to approximately page 1500. We do not know as a matter of certainty whether or not we have all of the materials that have been submitted to the FCC, but it appears to us that we do not. (Tr. p. 30, lines 15-21).
Mr. Coran, as counsel for LTD, recently provided information to us as to the manner in which the LTD information was transmitted on August 26, 2022, to the Department, Office of Attorney General, and our office (as counsel for Petitioners).
We have determined that we did, in fact, receive 1562 pages of Bates stamped materials from LTD on August 26, 2022. Through inadvertence, the statement that we received approximately 200 pages of material recognized only the Highly Confidential Trade Secret information provided by LTD and did not recognize the significantly larger part of non-confidential information also provided.

 

More on MN PUC’s case on LTD Broadband: Dep of Commerce says suspend ETC – LTD disagrees

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Yesterday I posted an update from the Minnesota PUC on the ongoing saga of LTD Broadband and the PUC looking into revoking their ETC status, a status they needed to get federal funding. (I went into greater details on the history yesterday.) Documents filed yesterday indicated that the Department of Commerce recommended the PUC continue looking into the revocation.

Today’s update, goes farther. This time the Department of Commerce recommends that the MN PUC also suspend LTD Broadband’s ETC designation during this time…

The Office of the Attorney General—Residential Utilities Division (“OAG”) files this Response in support of the Minnesota Telecom Alliance and Minnesota Rural Electric Association’s (“Petitioners”) Motion to Suspend ETC Designation (“Motion to Suspend”) and Motion to Certify. Granting the Motion to Suspend will protect ratepayers from being harmed if the Federal Communications Commission (“FCC”) reverses its decision to deny LTD Broadband, LLC’s (“LTD”) long-form application (“Application”) for Rural Digital Opportunity Fund (“RDOF”) funding by (1) ensuring RDOF money does not flow to LTD before the Commission determines whether LTD is capable of performing adequately, and (2) enabling other potential providers to seek federal funding to build out rural broadband service in the event LTD cannot deliver. Granting the Motion to Certify will allow the Commission to use its unique expertise to decide issues that could have important consequences for rural broadband development.

Today’s update also includes a response from LTD Broadband saying they disagree with the petitions to motion to suspend and motion to certify…

LTD Broadband, LLC (“LTD”), by its counsel and pursuant to Minn. R. 1400.6600, hereby responds to the “Motion to Certify” filed on March 29, 2023 by the Minnesota Telecom Alliance (“MTA”) and the Minnesota Rural Electric Association (“MREA”) (together, the “Movants”)1 seeking to return this matter to the Commission for immediate consideration of a separate Motion to Suspend ETC Designation2 (“Motion to Suspend” and together with the “Motion to Certify,” the “Motions”) for certain areas in Minnesota.3 Together, the Motions seek to embroil the Commission in entirely unnecessary and potentially lengthy 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 Motions are simply a backdoor attempt to extinguish arbitrarily LTD’s efforts to secure RDOF funding prior to any FCC action on LTD’s pending Application for Review4 in the speculative hope that such an outcome would result in MTA and MREA members obtaining funding under alternative programs in lieu of LTD – the same objective these parties have sought to attain by various means from the moment LTD submitted its application to expand its Minnesota ETC designation.

There has been no change in the circumstances of LTD’s Application for Review that led to the ALJ’s January 18, 2023 order staying the proceedings that the Commission delegated to him,5 and therefore no reason to change the posture of this case and require the state and LTD to expend considerable time and expense in a hearing that may be entirely unnecessary. Nor does the prospect of future broadband funding create an immediacy requiring that the current stay be lifted and the matter be turned back to the Commission. For these reasons, the Motion to Certify should be promptly denied and the present stay should remain in effect pending any further action by the FCC.

Here are their reasons, which they elaborate on in their remarks…

  • The Motions Misstate the Nature of the Relief the FCC May Grant in Ruling on LTD’s Application for Review.
  • The Motions Mount a Collateral Attack on the FCC’s Statutorily Mandated Obligation to Administer the Federal RDOF Program.
  • The Motions Inconsistently Rely Heavily Upon Initial FCC Staff Fact Finding While Unreasonably Disparaging the FCC’s Ability to Render Competently a Final Decision on LTD’s Ability to Meet Its RDOF Obligations.
  • Grant of the Motion to Certify and Further Consideration of the Motion to Suspend Would Squander Judicial and Administrative Resources.

Dep of Commerce recommends MN PUC continue investigation into LTD Broadband’s TEC status

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The Minnesota PUC decided to continue to move forward to look at revoking LTD Broadband’s ETC designation. (Background: LTD was awarded an opportunity to apply for$311 million in federal RDOF funding. They needed the ETC designation from the MN PUC to qualify; industry folks asked the MN PUC to rethink their designation because there were concerns about LTD being able to fulfill the contract. Last month, their application for RDOF was rejected.)

Last month, MTA (MN Telecom Alliance) and MREA (Minnesota Rural Electric Association) asked the PUC to suspend LTD Broadband’s ETC status while they are under consideration for ETC revocation. There is a prehearing conference scheduled for April 24. Documents and information for that meeting have been posted on the MN PUC website. The most recent is from the Department of Commerce and signed by MN Attorney General Keith Ellison and supports the position to continue on the case…

Pursuant to Minn. R. 1400.6600 (2021), the Minnesota Department of Commerce respectfully requests that the Administrative Law Judge grant the Petitioners’ motion to certify the January 18 decision to stay this proceeding during the pendency of LTD Broadband’s Federal Communications Commission administrative appeal.1 THIRD PREHEARING ORDER (Jan. 18, 2023) (eDocket No. 20231-192240-01) (“Stay Order”); Petitioners’ Motion to Certify (Mar. 29, 2023) (eDocket No. 20233-194309-04). A Commission order directing the parties to proceed with this contested case would facilitate the ultimate termination of the matter and full record development prior to an FCC decision. While judicial economy is an important consideration, it should not come at the expense of other critical public interests. In this case, those interests include the sound stewardship of limited public resources—approximately $31 million a year—to an entity that may be incapable of delivering on its commitments to Minnesota.

The last sentence says a lot. The entire statement is surprisingly easy to read for those of us not steeped in legalese but I’m going to excerpt the part that it most pertinent to this update…

Although it is possible that the FCC may ultimately deny LTD’s appeal, Minnesota should still undertake a contested case proceeding now. If LTD’s administrative appeal prevails, absent suspension or resolution of this proceeding, federal support would begin flowing to LTD. 47 C.F.R. § 54.802(d) (2022); see, e.g., In re Rural Digital Opportunity Fund, WC Docket No. 19- 126, Rural Digital Opportunity Fund Support For 7,608 Winning Bids Ready to Be Authorized (Dec. 16, 2021). While this would be an acceptable outcome if LTD possesses the technical, managerial, and financial capability to deliver on its commitments, Petitioners have raised allegations that suggest LTD may be unable to deliver:

  • LTD has made significantly different construction cost representations to state agencies when seeking grant support than to the FCC for RDOF support. Thompson Decl. at 11.

  • LTD’s construction cost estimates are significantly less than those developed by Petitioners’ engineering consultants. Id. at 13.

  • The South Dakota commission already concluded that LTD lacked the capacity to construct and operate a much smaller network in South Dakota. In re Appl. of LTD Broadband, LLC for Designation as an ETC for Purposes of Receiving Federal Universal Support, Docket No. TC21-001, FINAL DECISION & ORDER DENYING APPLICATION at 16-17 (SD PUC Mar. 21, 2022).

  • LTD has already defaulted on RDOF locations in Iowa, Nebraska, and North Dakota, California, Kansas, and Oklahoma. Rural Digital Opportunity Fund Auction (Auction 904), DA 21-908, Order ¶ 16 (July 26, 2021); Rural Digital Opportunity Fund Auction (Auction 904), DA 21-1311, Order ¶ 18 (Oct. 20, 2021).

In addition to advancing this proceeding towards termination, lifting the Stay Order would reduce the risks associated with a sudden FCC reversal; namely, funding flowing to an entity the Commission ultimately concludes is incapable of delivering on its commitments. The secondary consequences of such an outcome are equally concerning. Alternative state and federal funding would no longer be available. Motion to Suspend at 21. Minnesotans in communities designated for RDOF support via LTD would continue to lack access to high-quality broadband and voice services. Given the important public considerations at stake and the time sensitivity of this proceeding, this factor supports certification of the Stay Order to the Commission

And here is their conclusion…

For the reasons discussed above, the Department respectfully requests that the Administrative Law Judge grant Petitioners’ motion to certify the Stay Order to the Commission.

Mini update on MN PUC upcoming prehearing on LTD Broadband

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This seems like an update that’s too small to post, but it is nice to have everything archived in one place. What we learned last week…

The follow up is that a prehearing conference has been set for April 24 and the Institute for Local Self Reliance has submitted a file a notice of appearance.

Today we learned that the Institute for Local Self Reliance will appear at the prehearing conference and all subsequent proceedings in the above-entitled matter.

And some background for folks who are walking into the movie midway…

The Minnesota PUC decided to continue to move forward looking at revoking LTD Broadband’s ETC designation. (Background: LTD was awarded an opportunity to apply for$311 million in federal RDOF funding. They needed the ETC designation from the MN PUC to qualify; industry folks asked the MN PUC to rethink their designation because there were concerns about LTD being able to fulfill the contract. Last month, their application for RDOF was rejected.)

MN PUC will hold prehearing conference on LTD Broadband’s ETC designation

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I feel like today’s news is really just an addendum to yesterday’s post (MTA & MREA submit a petition to the MN PUC to suspect LTD Broadband’s ETC designation while considering revocation). The follow up is that a prehearing conference has been set for April 24 and the Institute for Local Self Reliance has submitted a file a notice of appearance.

MTA & MREA submit a petition to the MN PUC to suspend LTD Broadband’s ETC designation while considering revocation

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When last we left our heroes at the PUC, they had decided to continue to move forward looking at revoking LTD Broadband’s ETC designation.  Then the prehearing conference was moved from March 6 to March 13, 2023. But as of today there is more news; MTA and MREA are asking the PUC to suspend LTD Broadband’s ETC status while they are under consideration for ETC revocation. It seems to make sense, especially in terms of reducing the chances of replaying the RDOF situation where LTD got exclusive access to federal funds, was disqualified and now those fund will not be invested in Minnesota (at least not in the same way).

Today, the Minnesota Telecom Alliance and Minnesota Rural Electric Association submitted a petition to initiate a proceeding to revoke the expanded eligible telecommunications carrier (“ETC”) designation of LTD Broadband LLC (“LTD”) and deny LTD’s funding certification for 2023. Not all of the documents have been made public (due to trade secrets) but here’s the high level info…

Introduction…

Enclosed via e-Filing, please find the Motion to Certify and the Motion to Suspend ETC Designation (with attachments), including both Public and Highly Confidential Trade Secret versions of the Motion to Suspend and attachments (Declarations of Larry Thompson and Kristine Szabo) on behalf of Minnesota Telecom Alliance and Minnesota Rural Electric Association in the above-entitled docket. Minn. R. 1400.600 provides that, should other parties wish to contest a motion, they must file a written response with the judge and serve copies on all parties, within ten working days after the motion is received.

Petition to certify…

The Minnesota Telecom Alliance (“MTA”) and Minnesota Rural Electric Association (“MREA”) (“Petitioners”) hereby respectfully request that, pursuant to Minn. R. 1400.7600; the Administrative Law Judge (“ALJ”):

(1) Certify to the Minnesota Public Utilities Commission (the “Commission”) both the Stay granted in the Third Prehearing Order dated January 18, 20231 (“Stay Order”) and the Petitioners’ March 29, 2023 Motion to Suspend the Expanded ETC Designation of LTD Broadband LLC (“LTD”) (“Motion to Suspend”), and

(2) Require parties to respond to this Motion to Certify within 10 working days after it is received if they wish to contest this Motion to Certify. 2

Both the Stay Order and Motion to Suspend relate to the effects and ramifications of the Federal Communication Commission’s (“FCC’s”) decision to deny LTD’s long-form application. As the Stay Order recognizes, and as explained below, it would be appropriate for the Commission to address these matters and provide guidance.3

There are more details. And there are public documents available Part 1 Motion to Suspend and Attachments – Public.pdf and Part 2 Motion to Suspend and Attachments – Public.pdf; as well as documents that aren’t available to the public.

As with so many legal documents and arguments, lots of time is spent addressing the formalities that aren’t as important to the average reader, but here’s a section that I think gets to the root of the need…

A final determination by the Commission on the Motion to Suspend would materially advance the ultimate termination of the hearing.
Minnesota Rule 1400.7600(B) directs consideration of:
[W]hether a final determination by the agency on the motion would materially advance the ultimate termination of the hearing….
The Stay Order provides that the contested case hearing process will not resume until the FCC makes a ruling on LTD’s appeal of the denial of its long-form.5 As explained in the Motion to Suspend, deferring action on LTD’s ETC designation until the FCC makes that ruling would expose the over 160,000 Minnesotans in LTD’s Expanded ETC Area to the loss of substantial federal BEAD and Minnesota BTB funding if the FCC Bureau’s decision is reversed, as LTD has
requested. As also explained in the Motion to Suspend, the Commission would not have the time or ability to prevent such a reversal from leading to ineligibility for these funds.
The Stay Order assumed that the Commission could act to correct problems regarding the use of RDOF support after the FCC rules, stating:
In addition, there will be a window, at least six weeks, for the parties in this proceeding to reconvene to decide next steps if the FCC does reverse course.6
Unfortunately, the ineligibility trigger for the BEAD and the Minnesota BTB programs is FCC authorization for RDOF support. There is no provision in the BEAD processes for subsequent corrective action by the Commission if the FCC authorizes RDOF support. This combination leaves Minnesotans in the unserved locations encompassed by LTD’s expanded ETC designation at great risk of the Commission being unable to meet its obligations to protect their interests if the FCC reverses the FCC Bureau decision. Moreover, the mere possibility of reversal will likely discourage potential applicants from seeking BEAD or BTB funding for locations in Expanded
ETC Area.

MN PUC prehearing conference on LTD Broadband ETC eligibility moved to March 13

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This is a continuing story. Many of us are watching closely and some might want a little recap…

The Minnesota PUC decided to continue to move forward looking at revoking LTD Broadband’s ETC designation. (Background: LTD was awarded an opportunity to apply for$311 million in federal RDOF funding. They needed the ETC designation from the MN PUC to qualify; industry folks asked the MN PUC to rethink their designation because there were concerns about LTD being able to fulfill the contract. Last month, their application for RDOF was rejected.)

The prehearing conference has been moved from March 6 to March 13…

The Commission Staff’s request is GRANTED. The prehearing conference scheduled for March 6, 2023, is CANCELLED.

A prehearing conference will be held by telephone on March 13, 2023, at 10:00 a.m. to review the status of the case. At that time, please call 1-877-304-9269 and when prompted enter passcode 406954#.

Update on MN PUC LTD Broadband situation – no update from FCC

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This is an ongoing saga that many of us are watching closely and some might want a little recap…

The Minnesota PUC decided to continue to move forward looking at revoking LTD Broadband’s ETC designation. (Background: LTD was awarded an opportunity to apply for$311 million in federal RDOF funding. They needed the ETC designation from the MN PUC to qualify; industry folks asked the MN PUC to rethink their designation because there were concerns about LTD being able to fulfill the contract. Last month, their application for RDOF was rejected.)

The latest update is a letter from LTD Broadband reporting that they have asked the FCC to reconsider their decision…

LTD Broadband submitted an Application for Reconsideration (AFR) to the FCC on September 8, 2022. As of February 1, 2023 this application remains pending and the FCC has taken no action

MN PUC notes on LTD Broadband situation: stayed ruling, ILSR may intervene, LTD counsel withdraws

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This is an ongoing saga that many of us are watching closely and some might want a little recap…

The Minnesota PUC decided to continue to move forward looking at revoking LTD Broadband’s ETC designation. (Background: LTD was awarded an opportunity to apply for$311 million in federal RDOF funding. They needed the ETC designation from the MN PUC to qualify; industry folks asked the MN PUC to rethink their designation because there were concerns about LTD being able to fulfill the contract. Last month, their application for RDOF was rejected.)

Here’s the latest update…

LTD requested that this matter be stayed pending LTD’s appeal of the Federal Communications Commission’s (FCC) denial of its Rural Digital Opportunity Fund (RDOF) long-form application. Minnesota Telecom Alliance (MTA) and Minnesota Rural Electric Association (MREA) (together, Petitioners), the Minnesota Department of Commerce and the Office of the Attorney General-Residential Utilities Division argue that this matter should proceed to hearing. The parties filed letters in support of their respective positions and the record on the parties’ requests closed on October 18, 2022, the date the last letter was filed.

On January 18, 2023, the MN PUC decided…

IT IS HEREBY ORDERED THAT: 1. These proceedings are STAYED pending a ruling by FCC on LTD’s appeal of the denial of its long-form application. 2. LTD shall serve and file a status report every 120 days beginning on February 1, 2023. 3. A prehearing conference will be held by telephone on March 6, 2023, at 2:30 p.m. to review the status of the case. A

They also decided (also Jan 18) …

On September 16, 2022, the Institute for Local Self-Reliance (ILSR) filed a Motion to Intervene (Motion). LTD filed an objection to the Motion on September 23, 2022. Based on all the files and proceedings of the matter, the Administrative Law Judge makes the following: [185245/1] 2 ORDER 1. The Motion of Institute for Local Self-Reliance is GRANTED. 2. The Institute for Local Self-Reliance is admitted to this proceeding as a full party. 3. The Institute for Local Self-Reliance will file a Notice of Appearance at its earliest convenience but in no event later than January 27, 2023.

And on January 19, Taft et al withdrew as LTD Broadband’s Counsel…

Please take notice that as of January 19, 2023, and pursuant to Minn. R. 1400.5700, Taft Stettinius & Hollister LLP hereby withdraws as counsel for LTD Broadband, LLC. LTD Broadband, LLC’s address is PO Box 3064, Blooming Prairie, MN 55917 and its phone number is (507) 369-2669.

Commerce asks PUC to order improvements to CenturyLink service

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From the Minnesota Commerce Department…

Prompted by continuing service complaints from Minnesota consumers, the Department of Commerce last week filed a brief asking the Public Utilities Commission to order telephone service provider CenturyLink to submit plans to fix a pattern of service deficiencies and to upgrade processes for responding to outages.

PUC rules require CenturyLink and other landline phone providers to maintain adequate service levels. In its brief, Commerce emphasized that CenturyLink has reduced investment in equipment maintenance even as the company’s own data show service has deteriorated.

“Despite these obligations, the company has failed to maintain its plant and equipment consistent with adequate service by several measures, resulting in harm to CenturyLink’s customers, including many elderly and vulnerable customers who rely on dependable landline service,” Commerce said in the brief.

Commerce’s filing Friday follows its August recommendation that the PUC appoint an administrative law judge to convene hearings and solicit comments from CenturyLink customers. The Minnesota Attorney General’s Office and the Communications Workers of America, a union representing many CenturyLink workers, joined that recommendation.

More detail…

Earlier this month, Commerce filed a complaint with the PUC after CenturyLink failed to reimburse 150 Minneapolis customers after a two-week phone outage, as the commission’s rules require. Its filing last week said customer complaints have increased significantly since 2019 and that CenturyLink is violating a requirement to restore service within 24 hours after most outage reports. “The Department’s ongoing investigation into CenturyLink’s performance has exposed serious service quality deficiencies.”

Commerce asked the PUC to give CenturyLink 45 days to explain how it will improve its responses to outages and 90 days to submit a plan to fix maintenance concerns.

OPPORTUNITY: MN PUC is looking for members

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The Secretary of State reports…

The Office of the Minnesota Secretary of State today released notice of vacancies for various state boards, councils and committees that are accepting applications. Minnesotans are encouraged to apply and serve in demonstration of public service. The newest vacancies are listed below, and the full list of 792 vacancies / 1312 positions can be found on our website Open Positions.

Applications may be submitted online, and must be submitted within 21 days of the “Publish Date” listed on our Open Positions page, to be assured of full consideration by the appointing authority. Appointing authorities may choose to review applications received by the Secretary of State after the 21 day application period.

One open position is at the Public Utilities Commission

Web Site

Supporting Entity/Enabling Legislation Supported by Public Utilities Commission

ENABLING LEGISLATION
MS 216, 216A, 216B, 216E, 216F, 216G, 216H, & 237
Enabled: 08-01-1980

Note: It also looks like there’s a opening in the Broadband Task Force but that has actually been filled.