January 23, 2019 Michigan Public Service Commission P.O ...

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150 South Fifth Street | Suite 1200 | Minneapolis, MN 55402 P:612-877-5000 F:612-877-5999 W:LawMoss.com January 23, 2019 Ms. Kavita Kale Executive Secretary Michigan Public Service Commission P.O. Box 30221 Lansing, MI 48909 Re: In the Matter of the Application of MIDWEST ENERGY COOPERATIVE d/b/a MIDWEST ENERGY & COMMUNICATIONS for Expansion of Its License to Provide Basic Local Exchange Service in Designated Exchanges Case No. U-20337 Dear Ms. Kale: Enclosed for electronic filing in the above-referenced matter is the MIDWEST ENERGY COOPERATIVE d/b/a MIDWEST ENERGY & COMMUNICATIONS’ Amended Notice of Opportunity to Comment, along with a Proof of Service. Please do not hesitate to contact me if you have any questions or I may be of any assistance. Sincerely, Shannon M. Heim Attorney at Law P: (612) 877-5320 F: (612) 877-5022 [email protected] SMH/keb Attachment 4538145v1

Transcript of January 23, 2019 Michigan Public Service Commission P.O ...

150 So u th F i f t h S t r ee t | Su i t e 1200 | M i nne apo l i s , MN 55 402

P : 612 -877 -5000 F : 6 12 -8 77 -5 999 W:L awMos s . com

January 23, 2019 Ms. Kavita Kale Executive Secretary Michigan Public Service Commission P.O. Box 30221 Lansing, MI 48909 Re: In the Matter of the Application of MIDWEST ENERGY COOPERATIVE d/b/a MIDWEST

ENERGY & COMMUNICATIONS for Expansion of Its License to Provide Basic Local Exchange Service in Designated Exchanges

Case No. U-20337 Dear Ms. Kale:

Enclosed for electronic filing in the above-referenced matter is the MIDWEST ENERGY COOPERATIVE d/b/a MIDWEST ENERGY & COMMUNICATIONS’ Amended Notice of Opportunity to Comment, along with a Proof of Service.

Please do not hesitate to contact me if you have any questions or I may be of any assistance.

Sincerely,

Shannon M. Heim Attorney at Law P: (612) 877-5320 F: (612) 877-5022

[email protected]

SMH/keb

Attachment 4538145v1

STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION

APPLICATION OF MIDWEST ENERGY COOPERATIVE

d/b/a MIDWEST ENERGY & COMMUNICATIONS FOR EXPANSION OF ITS LICENSE TO PROVIDE BASIC

LOCAL EXCHANGE SERVICE IN DESIGNATED EXCHANGES

AMENDED NOTICE OF OPPORTUNITY TO COMMENT CASE NO. U-20337

MIDWEST ENERGY COOPERATIVE d/b/a MIDWEST ENERGY & COMMUNICATIONS (Midwest) filed an Application with the Michigan Public Service Commission (MPSC) on October 5, 2018, pursuant to the Michigan Telecommunications Act, 1991 PA 179, as amended, MCL 484.2101 et seq., for approval to expand its license to provide basic local exchange service. Amended Applications and exhibits were filed on December 12, 2018 and January 15, 2019. At present, Midwest is licensed to provide basic local exchange service in the exchanges of Watervliet, Coloma, Kalamazoo, Benton Harbor, Niles, Vicksburg, and Eau Claire served by AT&T Michigan; the Bloomingdale exchange served by Bloomingdale Telephone Company, Inc.; the Sturgis, Cassopolis, Three Rivers, Mattawan, Lawton, Bangor, Hartford, Edwardsburg, Decatur, Sister Lakes, Constantine, Dowagiac, Vandalia, White Pigeon, Mendon, Union, Marcellus, Paw Paw, Schoolcraft, Gobles, Covert, and Centreville exchanges served by Frontier North Inc.; and the Lawrence exchange served by Frontier Midstates Inc. If the Commission grants the application, Midwest’s licensed area will include the exchanges of Adrian, Tecumseh, Blissfield, Hudson, Tipton, and Clinton served by Frontier North Inc.; Fulton, Scotts, and Chelsea served by AT&T Michigan; Lambertville, Morenci, Addison, Stockbridge and Gregory served by Frontier Midstates Inc.; Deerfield served by Deerfield Farmers Telephone Company; Ogden served by Ogden Telephone Company; Waldron served by Waldron Telephone Company; Weston served by Sand Creek Telephone Company; Clayton served by Communications Corporation of Michigan (TDS); and Onsted served by Frontier Communications of Michigan, Inc. You may write to MIDWEST ENERGY COOPERATIVE d/b/a MIDWEST ENERGY & COMMUNICATIONS, at 60590 Decatur Road, Cassopolis, MI 49031, or call (269) 445-1081 for a free copy of its Application. A copy of MEC’s Application may also be reviewed on the Commission’s website at mi-psc.force.com/s/. For more information on how to participate in the case, you may contact the Commission at the address below, or by telephone at (517) 284-8090. The deadline for filing written and electronic comments with the Michigan Public Service Commission is: DATE: February 14, 2019, 5:00 p.m. ADDRESS: Executive Secretary Michigan Public Service Commission P.O. Box 30221 Lansing, MI 48909 Electronic Comments may also be e-mails to: [email protected] COPY TO: Shannon M. Heim Moss & Barnett, P.A. 150 South Fifth Street, Suite 1200 Minneapolis, MN 55402 [email protected]

PARTICIPATION: Any interested person may submit written or electronic

comments. All information submitted to the Commission in this matter will become public information, posted on the Commission’s website, and subject to disclosure. Comments should not include information you wish to remain private. All comments should reference Case No. U-20337.

MEC will provide telecommunication service to customers who desire the service on the terms and conditions offered. MEC will have the burden of proving that it possesses sufficient technical, financial, and managerial resources and abilities to provide telecommunication services within the requested geographic areas, and that granting of the requested license will not be contrary to the public interest. The Commission has jurisdiction pursuant to 1991 PA 179, as amended, MCL 484.2101 et seq.; 1969 PA 306, as amended, MCL 24.201 et seq.; and the Commission’s Rules of Practice and Procedure, 2000 AC, R 460.17101 et seq.

ATTACHMENT A CASE NO. U-20337

County Clerk Address

Allegan

Joyce A. Watts County Building, 113 Chestnut Street Allegan, MI 49010

Berrien

Sharon Tyler 811 Port Street St. Joseph, MI 49085

Cass

Monica Kennedy 120 N. Broadway, P.O. Box 355 Cassopolis, MI 49031

Hillsdale

Marney Kast 29 N. Howell Street Hillsdale, MI 49242

Kalamazoo

Timothy A. Snow 201 W. Kalamazoo Avenue Kalamazoo, MI 49007

Lenawee

Roxann Holloway 425 N. Main Street Adrian, MI 49221

Livingston

Elizabeth Hundley 200 E. Grand River Howell, MI 48843

Monroe

Sharon LeMasters 106 E. First Street Monroe, MI 48161

St. Joseph

Lindsay Oswald 125 W. Main, P.O. Box 189 Centreville, MI 49032

Van Buren

Tina Leary 212 Paw Paw Street Paw Paw, MI 49079

Washtenaw

Lawrence Kestenbaum

200 N. Main Street, P.O. Box 8645 Ann Arbor, MI 48107-8645

ATTACHMENT A CASE NO. U-20337

ILEC Name Title E-Mail

AT&T Michigan Yvette M. Collins Director, External Affairs

[email protected]

Bloomingdale Telephone Company

Mark Bahnson General Manager [email protected]

Communications Corporation of Michigan -TDS Telecom

Jean M. Pauk Manager State Government Affairs

[email protected]

The Deerfield Farmers Telephone Company

Victoria Stevens [email protected]

Frontier Communications of Michigan, Inc.

Robert Stewart Government & External Affairs

[email protected]

Frontier North Inc.

Robert Stewart Government & External Affairs

[email protected]

Frontier Midstates Inc.

Robert Stewart Government & External Affairs

[email protected]

Ogden Telephone Company

Linda Corie General Manager [email protected]

Sand Creek Telephone Company

Harvey F. Souders

VP/General Manager [email protected]

Waldron Telephone Company

Mark Bernath President/Manager [email protected]

STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION

In the Matter of the Application of ) MIDWEST ENERGY COOPERATIVE d/b/a ) MIDWEST ENERGY & COMMUNICATIONS for ) Case No. U-20337 Expansion of Its License to Provide Basic ) Local Exchange Service in Designated Exchanges )

PROOF OF SERVICE STATE OF MINNESOTA ) ) s.s. COUNTY OF HENNEPIN ) Shannon M. Heim, being first duly sworn, deposes and says that on January 23, 2019, she served a copy of the Amended Notice of Opportunity to Comment upon the attached Service List #1 by depositing the same in a United States postal depository enclosed in an envelope bearing postage fully prepared, and List #2 by electronic mail.

Dated: January 23, 2019 ___________________________

Shannon M. Heim Subscribed and sworn to before me on this 23rd day of January, 2019. Karen E. Berg Notary Public, State of Minnesota County of Ramsey My Commission Expires: January 31, 2020

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ATTACHMENT A Midwest Energy Cooperative d/b/a Midwest Energy & Communications

Service List for MPSC Case No. U-20337

List #1 Attorney General Bill Schuette Special Litigation Division P.O. Box 30212 Lansing, MI 48909

Ms. Robin Ancona Michigan Public Service Commission 7901 W. Saginaw Highway Lansing, MI 48917

Joyce A. Watts, Clerk Allegan County 113 Chestnut Street Allegan, MI 49010

Sharon Tyler, Clerk Berrien County 811 Port Street St. Joseph, MI 49085

Monica Kennedy, Clerk Cass County 120 N. Broadway Cassopolis, MI 49031

Marney Kast, Clerk Hillsdale County 29 N. Howell Street Hillsdale, MI 49242

Timothy A. Snow, Clerk Kalamazoo County 201 W. Kalamazoo Avenue Kalamazoo, MI 49007

Roxann Holloway, Clerk Lenawee County 425 N. Main Street Adrian, MI 49221

Elizabeth Hundley, Clerk Livingston County 200 E. Grand River Howell, MI 48843

Sharon LeMasters, Clerk Monroe County 106 E. First Street Monroe, MI 48161

Lindsay Oswald, Clerk St. Joseph County 125 W. Main Centreville, MI 49032

Tina Leary, Clerk Van Buren County 212 Paw Paw Street Paw Paw, MI 49079

Lawrence Kestenbaum, Clerk Washtenaw County 200 N. Main Street Ann Arbor, MI 48107-8645

Julie Dollenmayer PNG Telecommunications Inc., d/b/a PowerNet Global Communications 8805 Governor’s Hill Drive, suite 250 Cincinnati, OH 45249

Voyant Communications, LLC f/k/a Zayo Enterprise Networks, LLC Attn: Scott Sawyer 3905 Annapolis Lane N. Minneapolis, MN 55447

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ATTACHMENT A Midwest Energy Cooperative d/b/a Midwest Energy & Communications

Service List for MPSC Case No. U-20337

List #2

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