20230303Notice_of_Application_Order_No_35694.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35694 1
Office of the Secretary
Service Date
March 3, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF EARTHGRID PBC’S
APPLICATION FOR AUTHORITY TO
PROVIDE FACILITIES-BASED AND
RESOLD LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES IN
IDAHO
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CASE NO. EPC-T-22-01

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35694
On December 19, 2022, EarthGrid PBC dba EarthGrid PBC Corporation (“EarthGrid”)
provided information necessary to obtain a Certificate of Public Convenience and Necessity
(“CPCN”)1 that would grant it authority to provide facilities-based and resold local exchange
telecommunication services in Idaho.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company is a Delaware public benefit company
authorized to do business in Idaho.
YOU ARE FURTHER NOTIFIED that the Company requested a CPCN to provide
facilities-based and resold basic local exchange telecommunication services to business and
municipal customers in Idaho. The Company stated that it plans to obtain interconnection
agreements with incumbent local exchange companies. The Company stated that it intends to offer
service in geographic areas currently served by CenturyLink and other providers.
YOU ARE FURTHER NOTIFIED that the Company stated the following concerning its
proposed service:
The Applicant proposes to offer point-to-point interexchange and interexchange
telecommunications service, including local exchange services within the State of
Idaho using its own facilities and services available from other facilities-based
carriers. Point-to-point services will be offered to Wireless Service Providers . . .
other telecommunications carriers and communications providers, municipalities,
tribal communities, and commercial customers. Applicant seeks authority to
provide service via its own lit and dark fiber facilities and/or through resale
arrangements.

1 Although the Company’s Application did not clearly request issuance of a CPCN, the contents of its filing requests
authority to provide service to a geographical area and submitted relevant information for seeking a CPCN pursuant
to Commission Rule of Procedure 114, IDAPA 31.01.01.114.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35694 2
Application at 2.
YOU ARE FURTHER NOTIFIED that the Application and Attachments are available for
public inspection during regular business hours at the Commission’s office. These documents are
also available on the Commission’s website 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.
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 it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201-204 of the Idaho
Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201-204. 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 they support or oppose the Application.
Persons who would like a hearing must specifically request a hearing in their written comments.
Persons shall have until 21 days from the service date of this Order to file comments.
Comments must be filed through the Commission’s website or by e-mail unless computer access
is unavailable. To comment electronically, please access the Commission’s website 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 Commission Secretary and 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:

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35694 3
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 83714
For EarthGrid:

Connie Wightman
Consultant to EarthGrid PBC
Inteserra Consulting Group
l5l Southhall Lane, Suite 450
Maitland, Florida 32751
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within
28 days from the service date of this Order.
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, Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so within 21 days from the service date of this Order. The Company must file
any reply comments within 28 days from the service date of this Order.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, 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. 35694 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3rd day of
March 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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