20220427Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DANIEL KLEIN
RILEY NEWTON
DATE:APRIL 28,2022
RE:IN THE MATTER OF EARTHGRID PBC'S APPLICATION FOR A
CPCN;CASE NO.EPC-T-21-01.
BACKGROUND
On May 25,2021,Earthgrid PBC ("Earthgrid"or "Company")applied for a Certificate of
Public Convenience and Necessity ("CPCN")to provide local exchange telecommunication
services in Idaho.On October 6,2021,in Order No.35192,the Commission approved
Earthgrid's Application for a CPCN subject to five conditions.Condition three required the
Company to file a final price list with the Commission before the CPCN would be issued.]
Earthgrid provided a price list to the Commission on April 14,2022,which was accepted by
Commission Staff.
Condition four required the Company provide three reports to the Commission indicating
the number of basic local exchange customers it had and the services it offered.These reports
were due as follows:November 12,2021,March 11,2022,and July 15,2022.Order No.35192
went on to state that,if the Company "fail[ed)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."Order No.35192 at 3.
It is now April 28,2022,and the Company has not provided the November 12,2021,and
March 11,2021,report.The Company has not been granted a CPCN.
*Order No.35192 did not providea deadline for filing the final price list.
DECISION MEMORANDUM -1 -APRIL 28,2022
STAFF RECOMMENDATION
Staffrecommends the Company be granted a CPCN.If the Commission were to issue a
CPCN to the Company,however,then the reporting dates required in the Order No.35192 would
need to be adjusted.Staff recommends the followingreporting dates:September 2,2022;
January 6,2023;and May 5,2023.
COMMISSION DECISION
Does the Commission wish to grant Earthgrid a CPCN and,if so,does the Commission
wish to update the reporting dates recommended by Staff after the CPCN is issued?
Daniel Klem
Udmemos/EPCT-21·01 Dccision Mcmo
DECISION MEMORANDUM -2 -APRIL 28,2022