20210617Notice_of_Application_Order_No_35080.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35080 1

Office of the Secretary
Service Date
June 17, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On May 25, 2021, EarthGrid PBC (“Company”) applied for a Certificate of Public
Convenience and Necessity (“CPCN”) to provide local exchange telecommunication service in
Idaho.
The Commission now issues this Notice of Application and Notice of Modified
Procedure setting comment and reply deadlines.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company is a Delaware public benefit
company headquartered in Berkeley, California, and authorized to do business in Idaho.
YOU ARE FURTHER NOTIFIED that the Company is seeking a CPCN to provide
facilities-based and resold basic local exchange telecommunication services to business and
municipal customers in Idaho. The Company plans to obtain interconnection agreements with the
incumbent local exchange companies. It intends to offer service in geographic areas currently
served by CenturyLink and other providers.
YOU ARE FURTHER NOTIFIED that the Application is available for public
inspection during regular business hours at the Commission’s office. These documents are also
available on the Commission’s web site at www.puc.idaho.gov. Click on the “TELECOM” icon,
select “Open Cases,” and click on the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 62 of the Idaho Code and specifically Idaho
Code §§ 62-604, 62-615, and 62-622. The Commission may enter any final Order consistent with
its authority under Title 62 and Commission Rule of Procedure 114. See IDAPA 31.01.01.114.
IN THE MATTER OF EARTHGRID’S
APPLICATION TO PROVIDE BASIC
RESOLD AND FACILITIES-BASED LOCAL
EXCHANGE TELECOMMUNICATION
SERVICES IN THE STATE OF IDAHO
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CASE NO. EPC-T-21-01

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35080
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35080 2

YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Commission’s Rules of Procedure, IDAPA
31.01.01.201 through .204. The Commission notes that Modified Procedure and written comments
have proven to be an effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments. Persons shall have until July 9, 2021, to file written comments. Comments must be
filed through the Commission website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission’s home page at www.puc.idaho.gov. Click
the “Case Comment Form” and complete the form using the case number as it appears on the front
of this document. To file by e-mail, the customer must e-mail the comments to the e-mail
addresses listed below. In addition to submitting the comments to the Commission Secretary, the
customer must also e-mail the Company at the e-mail addresses listed below. If computer access is
unavailable, then comments may be mailed to the Commission and Company at these addresses:
For the Idaho PUC:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83704

For EarthGrid:

Scott Lane, COO
Troy Helming, CEO
EarthGrid PBC
2625 Alcatraz Avenue, Ste 111
Berkeley, CA 94801
[e-mail]
[e-mail]

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35080 3

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
by July 16, 2021.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its Order
without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.
O R D E R
IT IS HEREBY ORDERED that the Company’s Application be processed by Modified
Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so by July 9, 2021. The Company must file any reply comments by July 16,
2021.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
35058, issued June 3, 2021. All pleadings should be filed with the Commission electronically and
shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35080 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 17th day
of June 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

i:\legal\telephone\epc-t-21-01\epc-t-21-01_ntc app mod proc_es 6 16 2021.docx