20211006Final_Order_No_35192.pdf

ORDER NO. 35192 1

Office of the Secretary
Service Date
October 6, 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 resold and facilities-based local exchange
telecommunication services and internet services in Idaho.
On June 17, 2021, the Commission issued a Notice of Application and set deadlines for
public comments and the Company’s reply. Commission Staff filed comments. The Company did
not reply. No public comments were received.
Having reviewed the record, we now approve the Company’s Application as discussed
below.
THE APPLICATION
The Company seeks a CPCN to provide facilities-based and resold basic local exchange
telecommunication services to business and municipal customers in Idaho through incumbent local
exchange carriers. The Company plans to obtain interconnection agreements with customers.
The Company intends to provide traditional landline service to customers with
applications including elevators, renewable energy facilities, and security systems. The Company
also plans to offer high-speed internet via fiber-based services. The Company’s underlying carrier
will handle operator assisted services and emergency call services.
The Company also will be subject to numbering conservation measures and will
operate its local exchange services on a de-tariffed basis with its rates, terms, and conditions posted
on its website.
The Company intends to offer service in geographic areas currently served by
CenturyLink and other providers.
THE COMMENTS
Staff recommended the Commission approve the Application. Staff believed the
Company possesses the requisite financial, managerial, and technical qualifications to provide
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

ORDER NO. 35192
ORDER NO. 35192 2
telecommunication services, and that the Company understands the Commission’s rules and
requirements related to the provision of telecommunication services in Idaho. Therefore, Staff
recommended 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 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 12 months, indicating the number of basic local exchange
customers it has and the services being offered. If the Company fails to provide the reports, it will
relinquish its CPCN and all telephone numbers assigned or the Commission will issue an order
revoking the Company’s CPCN; 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 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 necessary information in
its Application, including financial information. Additionally, the Company 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 the following conditions:
1. EarthGrid complies with number pooling and reporting requirements of the
North American Numbering Plan Administrator, as set forth in Commission
Order No. 30425;
2. EarthGrid provides necessary reports and contributions appropriate to the Idaho
Universal Service Fund, Idaho Telecommunications Relay Services, Idaho
Telecommunications Service Assistance Program, and complies with all future
ORDER NO. 35192 3
reporting requirements deemed appropriate by the Commission for competitive
telecommunications providers;
3. Prior to issuance of the CPCN, EarthGrid files a final price list outlining all its
rates, terms, and conditions with the Commission;
4. EarthGrid provides 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 as follows:
a. November 12, 2021
b. March 11, 2022
c. July 15, 2022
If the Company fails to provide the three reports, EarthGrid shall relinquish its
CPCN and all telephone numbers it has been assigned or the Commission will
by its own order revoke the Company’s CPCN; and
5. If EarthGrid is not providing basic local exchange service by the time the third
report is due, the Commission by its own order 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.
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ORDER NO. 35192 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 6th day
of October 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\EPC-T-21-01\orders\EPCT2101_final_order_es.docx