20201009Decision Memo.pdf

DECISION MEMORANDUM 1

DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: MATT HUNTER
DEPUTY ATTORNEY GENERAL

DATE: OCTOBER 9, 2020

SUBJECT: IN THE MATTER OF ENVISION NETWORKS LLC’S ELIGIBILITY TO
HOLD CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
NO. 529; CASE NO. ENL-T-20-01

Envision Networks LLC (“Company”) holds Certificate of Public Convenience and
Necessity (“CPCN”) No. 529. The Commission’s order approving the Company’s application for
a CPCN was subject to several conditions. One of these conditions (“condition 4”) was that the
“Company must provide three reports to the Commission indicating the number of basic local
exchange customers it has and the services being offered.” Order No. 34443 at 2. Condition 4 also
required the Company to provide the three reports by specific dates: the first by January 15, 2020;
the second by May 15, 2020; and the third by September 15, 2020. Id.
At the Commission’s September 15, 2020 decision meeting, Commission Staff asserted
the Company had failed to provide the three reports to the Commission.
On September 28, 2020, the Commission issued a show-cause order. Order No. 34785.
The show-cause order stated one claim: that the Company had failed to comply with condition 4.
Id. The show-cause order required the Company to appear before the Commission on October 20,
2020, at 2:30 PM (MDT) to show cause a) why the Commission should not find the Company
violated condition 4 of Order No. 34443, and b) why the Commission should not rescind Order
No. 34443 based on the Company’s failure to meet condition 4, thus revoking the Company’s
CPCN. Id. The show-cause order was served on the Company’s registered agent. See Idaho Code
§ 61-615.
DECISION MEMORANDUM 2

On October 5, 2020, the Company filed all three reports with the Commission. Each of
the reports indicated the Company has “0” basic local exchange customers.
STAFF RECOMMENDATION
Staff notes that even though the Company filed the three reports required under
condition 4, the Company has still failed to comply with condition 4 because all three reports were
late. The last report under condition 4 was required by September 15, 2020, but all three reports
were received on October 5, 2020.
Additionally, Staff believes the Company’s late-filed reports indicate the Company is
ineligible to hold a CPCN. The Commission has stated multiple times that Title 62 telephone
corporations not providing basic local exchange service are ineligible for a CPCN. See Order Nos.
26665 at 1, and 32059 at 2-3. In its three reports, the Company admits it is not providing basic
local exchange service to any of its customers.
Therefore, an additional claim against the Company is that it has failed to provide basic
local exchange service as required by Order No, 26665. If the Commission wishes to consider this
claim at its show-cause hearing and subsequent deliberations, however, Staff recommends the
Commission serve a new show-cause order that includes the claim. The new show-cause order
would also need to reschedule the show-cause hearing to comply with Idaho Code § 61-616.
Staff makes no recommendation as to whether the Commission should add the above
claim in this case. Again, it is Staff’s belief that the Company has still failed to comply with
condition 4 because the reports were not filed by the Commission’s deadlines.
COMMISSION DECISION
Does the Commission wish to amend its September 28, 2020 show-cause order to
include a new claim and a new hearing date, and serve the amended show-cause order on the
Company?

Matt Hunter
Deputy Attorney General

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