Kentucky Public Service Commission

Order Entered: 1. KBCA’s motion for rehearing is denied. 2. This case is closed and removed from the Commission’s docket.

Response in Support of Motion for Clarification

M Todd Osterloh Kentucky Broadband and Cable Association

Response to KBCAs Motion for Clarification

j CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Letter to Director

j CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Petition for Clarification

M Todd Osterloh Kentucky Broadband and Cable Association

Final Order Entered: 1. Kenergy’s request for a CPCN for a fiber network is denied. 2. This case is closed and removed from the Commission’s docket.

Notice of Commencement

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Supplemental Response to Post-Hearing Data Request

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Notice of Filing Confidential Document

M. Todd Osterloh Kentucky Broadband and Cable Association

Order Entered: 1. KBCA’s petition for reconsideration is granted. 2. Exhibit 2 provided in response to Staff’s First Request is granted confidential treatment. 3. KBCA shall file the appropriately highlighted document within seven days of the entry of this Order. 4. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for an indefinite period or until further Order of this Commission. 5. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9). 6. KBCA shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Petition for Reconsideration

M Todd Osterloh Kentucky Broadband and Cable Association

20220511_PSC Notice of Filing Hearing Documents.pdf

Order Entered: 1. Kenergy’s petition for confidential treatment is denied. 2. The designated material denied confidential treatment by this Order is not exempt from public disclosure and shall be placed in the public record and made available for public inspection. 3. If Kenergy objects to the Commission's determination that the requested material not be granted confidential treatment, it must seek either rehearing pursuant to KRS 278.400 or judicial review of this Order pursuant to KRS 278.410. Failure to exercise either of these statutory rights will be deemed as agreement with the Commission's determination of which materials should be granted confidential treatment. 4. Within 30 days of the date of service of this Order, Kenergy shall file a revised version of the designated material for which confidential treatment was denied, reflecting as unredacted the information that has been denied confidential treatment.

Order Entered: 1. KBCA’s petitions for confidential treatment for exhibits provided in response to Staff’s First Request are granted in part and denied in part. 2. KBCA’s petition for confidential treatment for Exhibit 1 is granted and shall not be placed in the public record or made available for public inspection until published by the FCC or until further Order of this Commission. 3. KBCA’s petitions for confidential treatment for Exhibit 3 are granted and shall not be placed in the public record or made available for public inspection for an indefinite period or until further Order of this Commission. 4. KBCA’s petition for confidential treatment for Exhibit 2 is denied. 5. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9). 6. KBCA shall inform the Commission if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment.

Reply Brief

M Todd Osterloh Kentucky Broadband and Cable Association

Notice of Withdrawal of Motion

M Todd Osterloh Kentucky Broadband and Cable Association

Response to KBCA Motion to Supplement Briefing Schedule

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Motion for Supplemental Briefing

M Todd Osterloh Kentucky Broadband and Cable Association

Brief in Response

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Post-Hearing Brief

M Todd Osterloh Kentucky Broadband and Cable Association

Seventh Petition for Confidentiality

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Responses to Post-Hearing Data Requests

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Data Request

Order Entered: 1. Post-hearing data requests, if any, shall be filed on or before March 31, 2022. 2. Responses to post-hearing data requests shall be filed on or before April 7, 2022. 3. KBCA may file a memorandum brief in support of its post-hearing position on or before April 11, 2022. 4. Kenergy Corp. (Kenergy) and the Attorney General of the Commonwealth of Kentucky, by and through the Office of Rate Intervention (Attorney General) may file their respective response briefs or before April 15, 2022. 5. KBCA may file a reply brief on or before April 21, 2022. 6. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time, April 22, 2022.

Order Entered: 1. Kenergy and Kenect’s motion for Jeff Hohn to have the option of appearing virtually in the March 31, 2022 hearing is granted.

Order Entered: 1. Kenergy’s petition for confidential treatment is granted. 2. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for an indefinite period or until it is published by the FCC or until further Order of this Commission. 3. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9). 4. Kenergy shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Motion to Permit Jeff Hohn to attend hearing virtually

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Proof of Public Notice

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Order Entered: 1. KBCA’s motion for confidential treatment is granted. 2. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for an indefinite period, until the FCC publishes the information, or further Order of this Commission. 3. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9). 4. KBCA shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Order Entered: 1. KBCA’s motion for James W. Gardner to participate virtually in the March 31, 2022 hearing is granted. 2. Commission Staff shall contact participants with instructions for conducting a test of technology and participating remotely in the hearing.

Supplemental Data Response - Overhead Map in pdf format

J Christopher Hopgood Kenergy Corp. and Kenect

Amended Sixth Petition for Confidentiality

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Notice of Filing of Map of Union County

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Notice of Filing - Supplement

M Todd Osterloh Kentucky Broadband and Cable Association

Sixth Petition for Confidential Treatment including inadvertently omitted Read First letter

J Christopher Hopgood Kenergy Corp. and Kenect

Sixth Petition for Confidential Treatment (KBCA Maps)

J Christopher Hopgood Kenergy Corp. and Kenect

Rebuttal testimony of Jeff Hohn and Robert Stumph

J Christopher Hopgood

Responses to Staffs Third Data Requests

J. Christopher Hopgood Kenergy Corp. and Kenect

Order Entered: Kenergy’s motion for Jonathan Chambers to participate virtually at the March 31, 2022 hearing is denied without prejudice.

Motion for Virtual Participation

M. Todd Osterloh Kentucky Broadband and Cable Association

Order Entered: 1. Kenergy’s motion for an extension of time is granted. 2. Kenergy shall file its rebuttal testimony on or before March 21, 2022.

Order Entered: 1. Kenergy’s motion for an extension of time is granted. 2. Kenergy shall file its response to Staff’s Third Request on or before March 21, 2022.

Motion to Allow Jonathan Chambers to Appear virtually at hearing

j CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

MOTION TO EXTEND TIME FOR REBUTTAL TESTIMONY

j CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Motion to extend deadline for data request responses

j CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

20220307_PSC IC Memo.pdf

Responses to Requests for Information

M Todd Osterloh KBCA

Order Entered: 1. Kenergy’s September 21, 2021, October 7, 2021, December 2, 2021, and December 3, 2021 petitions for confidential treatment are granted. 2. The designated material granted confidential treatment by this Order in the October 7, 2021 petition shall not be placed in the public record or made available for public inspection for one year or until further Order of this Commission. 3. The designated material granted confidential treatment by this Order in the September 21, 2021, December 2, 2021, and December 3, 2021 petitions shall not be placed in the public record or made available for public inspection for five years or until further Order of this Commission. 4. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9).

Order Entered: 1. An informal conference is scheduled on March 4, 2022, at 11 a.m. Eastern Standard Time to take place via video conference link to discuss issues presented in this matter. Commission Staff will contact participants by electronic mail to provide details for joining the conference by telephone and video link. 2. The record from Case No. 2020-00215 is incorporated into the record of this case. 3. Kenergy shall answer, no later than March 11, 2022, Commission Staff’s Third Request for Information, attached as the Appendix to this Order.

Motion for Informal Conference

J Christopher Hopgood

Data Requests to Kentucky Broadband and Cable Association

J Christopher Hopgood Kenergy Corp. and Kenect

Data Request

Testimony of Jason Keller

M Todd Osterloh Kentucky Broadband and Cable Association

Letter and Responses to KBCAs 2nd set of requests

j CHRISTOPHER HOPGOOD Kenergy Corp.

KBCA Second Set of Data Requests to Kenergy Corporation

M Todd Osterloh Kentucky Broadband and Cable Association

Read 1st introductory file letter

j CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Order Entered: 1. KBCA’s motion is granted in part and denied in part. 2. KBCA’s request for an extension of time until January 7, 2022, to file its supplemental data requests to Kenergy is granted. 3. KBCA’s request to amend the procedural schedule for the remaining procedural deadlines is denied. 4. KBCA shall file its supplemental data request on or before January 7, 2022. 5. Kenergy shall file its response to KBCA’s supplemental data requests on or before January 17, 2022.

Response to Atty General Supp Data Request

j CHRISTOPHER HOPGOOD Kenergy Corp.

Reply in Support of Motion to Amend the Procedural Schedule

M Todd Osterloh Kentucky Broadband and Cable Association

Order Entered: 1. A hearing in this matter shall be held on March 31, 2022 at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. Counsel for each of the parties should file a motion requesting for counsel or the party’s witnesses to participate virtually. 2. Kenergy, Corp. (Kenergy) shall give notice of the hearing in compliance with 807 KAR 5:001, Section 9(2)(b). In addition, the notice of hearing shall include the following statements: “This hearing will be streamed live and may be viewed on the PSC website, psc.ky.gov”; and “Public comments may be made at the beginning of the hearing. Those wishing to make oral public comments may do so by following the instructions listed on the PSC website, psc.ky.gov.” At the time the notice is mailed, or publication is requested, Kenergy shall forward a duplicate of the notice and request to the Commission. 3. Pursuant to KRS 278.360 and 807 KAR 5:001, Section 9(9), a digital video transcript shall be made of the hearing.

Responses to KBCA Motion to Amend Procedural Schedule

j CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Motion to Amend Procedural Schedule

M Todd Osterloh Kentucky Broadband and Cable Association

Data Request

Supplemental Data Requests

J. Michael West Office of the Attorney General

Response to KBCA Data Requests

J CHRISTOPHER HOPGOOD Kenergy Corp. and Kenect

Order Entered: 1. Kenergy’s petition for confidential treatment of the feasibility study referenced in Jonathan Chamber’s testimony is granted. 2. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection five years or until further Order of this Commission. 3. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9). 4. Kenergy shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Certification of Electronic Service

M Todd Osterloh Kentucky Broadband and Cable Association

Order Entered: 1. The motion of KBCA to intervene is granted. 2. KBCA shall be entitled to the full rights of a party and shall be served with the Commission’s Orders and with filed testimony, exhibits, pleadings, correspondence, and all other documents submitted by parties after the date of this Order. 3. KBCA’s intervention is limited to the issue of maps depicting whether the service areas are underserved or unserved. 4. KBCA shall comply with all provisions of the Commission’s regulations, 807 KAR 5:001, Section 8, related to the service and electronic filing of documents. 5. KBCA shall adhere to the amended procedural schedule set forth in the Commission’s October 22, 2021 Order. 6. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of entry of this Order, KBCA shall file a written statement with the Commission that: a. Certifies that it, or its agent, possesses the facilities to receive electronic transmissions; and b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding should be served.

Read 1st letter

J HOPGOOD Dorsey, Gray, Norment Hopgood

Cover letter for electronic filing serving as the Read1st introductory file

j CHRISTOPHER HOPGOOD Kenergy Corp.

Fourth Petition for Confidentiality Regarding Attorney General Data Requests

J HOPGOOD Dorsey, Gray, Norment Hopgood

Read 1st letter for responses to Attorney General Data Requests

J HOPGOOD Dorsey, Gray, Norment Hopgood

20211123_PSC Notice of Filing Hearing Documents.pdf

Data Request

KBCA Witness List

M Todd Osterloh Kentucky Broadband and Cable Association

Witness list

j CHRISTOPHER HOPGOOD Kenergy Corp.

Order Entered: 1. A virtual hearing in this matter shall be held on November 15, 2021 at 9 a.m. Eastern Standard Time, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 2. Pursuant to KRS 278.360 and 807 KAR 5:001, Section 9(9), a digital video transcript shall be made of the hearing. 3. Commission Staff will contact counsel for Kenergy and KBCA with instructions for participating in the virtual hearing. 4. KBCA and Kenergy shall electronically file their respective witness lists with the Commission on or before Wednesday, November 10, 2021.

Third Petition for Confidentiality (Compliance with Order of 10/22/2021)

J CHRISTOPHER HOPGOOD Kenergy Corp.

Compliance with Order of 10/22/2021

J CHRISTOPHER HOPGOOD Kenergy Corp.

Order Entered: 1. Kenergy’s motion to amend its application is granted. 2. Kenergy’s application is deemed filed as of October 7, 2021. 3. Within five days of the date of this Order, Kenergy shall file the feasibility study referenced in the direct testimony of Johnathan Chambers into the record of this proceeding. 4. The procedural schedule established on September 22, 2021, is stricken and replaced with the procedural schedule attached as an appendix to this Order.

KBCA First Set of Data Requests to Kenergy

M Todd Osterloh Kentucky Broadband and Cable Association

Reply in Support of KBCA Motion to Intervene

M Todd Osterloh Kentucky Broadband and Cable Association

First Data Requests

J. Michael West Office of the Attorney General

Second Petition for Confidentiality

j CHRISTOPHER HOPGOOD Kenergy Corp.

Motion to Amend and Supplement

j CHRISTOPHER HOPGOOD Kenergy Corp.

Response to Motion of KBCVA to Intervene

j HOPGOOD Kenergy Corp.

Motion to Intervene of Kentucky Broadband and Cable Association

M. Todd Osterloh Kentucky Broadband and Cable Association

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed. 2. Any party filing a paper with the Commission shall file an electronic copy in accordance with the electronic filing procedures set forth in 807 KAR 5:001, Section 8. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked. The Commission directs the parties to the Commission’s July 22, 2021 Order in Case No. 2020-000851 regarding filings with the Commission.

Amended Petition for Order Issuing Kenergy Corp. and Kenect, Inc. Confidential Protection

j CHRISTOPHER HOPGOOD Kenergy Corp.

Order Entered: 1. The motion of the Attorney General to intervene is granted. 2. The Attorney General shall be entitled to the full rights of a party and shall be served with the Commission’s Orders and with filed testimony, exhibits, pleadings, correspondence, and all other documents submitted by parties after the date of this Order. 3. The Attorney General shall comply with all provisions of the Commission’s regulations, 807 KAR 5:001, Section 8, related to the service and electronic filing of documents. 4. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of entry of this Order, the Attorney General shall file a written statement with the Commission that: a. Certifies that it, or its agent, possesses the facilities to receive electronic transmissions; and b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding should be served.

20210914_PSC No Deficiency Letter.pdf

Motion to Intervene

J. Michael West Office of the Attorney General

Application for a Cert of Public Convenience and necessity for construction of high-speed fiber network and approval of leasing

j CHRISTOPHER HOPGOOD Kenergy Corp.

20210910_PSC Acknowledgment Letter.pdf

Kenergy Corp. Notice of Intent to File an Application for a Certificate of Public Convenience and Necessity Using Electronic Filing Procedures