20210120Final_Order_No_34902.pdf

ORDER NO. 34902 1

Office of the Secretary
Service Date
January 20, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On October 14, 2020, Clear Rate Communications, Inc. (“Company”) applied for a
Certificate of Public Convenience and Necessity (“CPCN”) to provide resold and non-facilities
based local exchange service throughout Idaho. On November 24, 2020, the Commission issued a
Notice of Application and Notice of Modified Procedure setting comment and reply deadlines.
Commission Staff filed comments. The Company did not file reply comments.
Having reviewed the record, the Commission issues this Order approving the
Company’s Application as follows.
THE APPLICATION
The Company is a Michigan corporation authorized to do business in Idaho as a foreign
corporation. It plans to “provide resold and non-facilities based local exchange service utilizing
the facilities of incumbent local exchange carriers” statewide. Application at 1-3. The Company
asserted it is in negotiations with CenturyLink Communications for an interconnection agreement.
The Company stated it will file a proposed tariff once it receives certification from the Commission
and has an interconnection agreement in place.
THE COMMENTS
Staff filed the only comments, and recommended the Commission approve the
Application. After reviewing the Company’s Application, Staff believes the Company possesses
the requisite financial, managerial, and technical qualifications to provide telecommunication
services, and believes the Company understands the Commission’s rules and requirements related
to the provision of telecommunication services in Idaho. Therefore, Staff recommends approval of
the Application, subject to five conditions. The Company must 1) comply with the North American
Number Plan Administrator requirements; 2) comply with all reporting and contribution
requirements prescribed by the Idaho Universal Service Fund, Idaho Telecommunications Relay
IN THE MATTER OF CLEAR RATE
COMMUNICATIONS, INC.’S APPLICATION
FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE RESOLD AND NON-FACILITIES
BASED LOCAL EXCHANGE SERVICES
THROUGHOUT IDAHO
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CASE NO. CRC-T-20-01

ORDER NO. 34902
ORDER NO. 34902 2

System, and Idaho Telecommunications Service Assistance Program, and must comply with all
future reporting requirements deemed appropriate by the Commission for competitive
telecommunications providers; 3) file with the Commission a final price list outlining its rates,
terms, and conditions before issuance of its CPCN; 4) provide the Commission with three reports
during the next twelve months, indicating the number of basic local exchange customers it has and
the services being offered; and 5) recognize that if the Company is not providing basic local
exchange service by the time the third report is due, the Commission by its own motion will revoke
the Company’s CPCN.
DISCUSSION AND FINDINGS
Based on our review of the record, we find that the Company’s Application complies
with the requirements to obtain a CPCN. Rule of Procedure 114 sets the requirements that
competitive local exchange carriers—such as the Company—must satisfy to obtain a CPCN.
IDAPA 31.01.01.114. We find that the Company has satisfied Rule 114. The Company has
provided all needed information in its Application, including financial information. The Company
also has the financial, managerial, and technical qualifications needed to operate as a
telecommunications service provider, and it has reviewed and agreed to comply with this
Commission’s rules. We thus find it reasonable to approve the Company’s Application for a
CPCN, subject to these conditions:
1) The Company must comply with North American Number Plan Administrator
requirements, as outlined in Commission Order No. 30425.
2) The Company must comply with all reporting and contribution requirements
prescribed by the Idaho Universal Service Fund, Idaho Telecommunications Relay
Services, and Idaho Telecommunications Service Assistance Program, and must
comply with all future reporting requirements deemed appropriate by the
Commission for competitive telecommunications providers.
3) Before issuance of its CPCN, the Company must file with the Commission a final
price list outlining its rates, terms, and conditions.
4) The Company must provide three reports to the Commission indicating the number
of basic local exchange customers it has and the services being offered. These
reports will be due on: April 10, 2021; August 16, 2021; and December 13, 2021.
If the Company fails to provide the three reports, the Company shall relinquish its
ORDER NO. 34902 3

CPCN and all telephone numbers it has been assigned or the Commission will by
its own motion revoke the Company’s CPCN.
5) If the Company is not providing basic local exchange service by the time the third
report is due, the Commission by its own motion will revoke the Company’s CPCN.
O R D E R
IT IS HEREBY ORDERED that the Company’s Application for a CPCN is granted
subject to the conditions outlined above.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code §§ 61-626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 20th
day of January 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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