Another Minn. Agency Recommends LTD Broadband ETC Review Redo

The Minnesota Public Utilities Commission should consider revoking LTD Broadband’s eligible telecom carrier (ETC) designation, said the state Commerce Department in Wednesday reply comments in docket M-21-133. ETC designation is needed for Rural Digital Opportunity Fund (RDOF) support. Minnesota Commerce, which didn’t make a recommendation in initial comments last week (see 2206020046), said now that the “collective concerns raised by the petitioners, rural organizations, counties, and townships … provide compelling reasons for the Commission to open an investigation.” The PUC should launch an expedited proceeding that includes discovery and cross-examination of expert witnesses, the department said. The Minnesota attorney general’s office said it continues to recommend a proceeding. LTD disagreed, saying "It would be unfair, and violate the principle of competitive neutrality, if the expanded ETC designation granted to [LTD] last year is singled out for re-examination or revocation when other Minnesota RDOF ETCs, who made the same commitments as LTD, are not subject to the same scrutiny.” Any compliance or oversight requirements “should apply to all ETCs” and should be addressed in the PUC’s docket CI-21-86 on ETC designation authority “on a timeline and in a manner that does not jeopardize LTD’s eligibility for RDOF funding,” it said. Initial comments showed widespread, deep concerns, which are "fully justified,” replied the Minnesota Telecom Alliance and Minnesota Rural Electric Association, which originally asked for the proceeding. “Unless LTD delivers on its promises, over 160,000 Minnesota residents could be denied the benefit of federal support for broadband deployment." Chippewa County wants an expedited proceeding because it has been unable to communicate with LTD Broadband and "its residents have lost faith” that LTD can fulfill its promises, the county said. "The RDOF Award and LTD's ETC designation puts Chippewa County at a significant disadvantage for economic growth and vitality."