20230324Comments.pdf

MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL 22IDAHOPUBLICUTILITIESCOMMISSION
PO BOX 83720
BOISE,IDAHO 83720-0074
[phone]
IDAHO BAR NO.11714
Street Address for Express Mail:
11331 W CHINDEN BLVD,BLDG 8,SUITE 201-A
BOISE,ID 83714
Attorneyfor the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF EARTHGRID PBC'S )APPLICATION FOR AUTHORITY TO )CASE NO.EPC-T-22-01PROVIDEFACILITIES-BASED AND )RESOLD LOCAL EXCHANGE )TELECOMMUNICATIONS SERVICES IN )COMMENTS OF THEIDAHO)COMMISSION STAFF
Staff of the Idaho Public Utilities Commission ("Staff'),by and through its Attorneyof
record,Michael Duval,Deputy Attorney General,and in response to the Notice of Application in
Order No.35694 issued on March 3,2023,submits the followingcomments.
BACKGROUND
On December 19,2022,EarthGrid PBC dba EarthGrid PBC Corporation ("Company")
submitted an application to the Commission providing information necessary to obtain a
Certificate of Public Convenience and Necessity ("CPCN")I that would grant it authority to
provide facilities-based and resold local exchange telecommunication services in Idaho pursuant
to IDAPA 31.01.01.114and Commission Order No.26665.Application at 1.
1 Although the Company's Application did not clearly request issuance of a CPCN,the contents of its filingrequestsauthoritytoprovideservicetoageographicalareaandsubmittedrelevantinformationforseekinga CPCNpursuanttoCommissionRuleofProcedure114,IDAPA 31.01.01.114.
STAFF COMMENTS l MARCH 24,2023
The Company is a public benefit company incorporated in the State of Delaware with its
main corporate address at 1 West Barrett Avenue,Richmond,California 94801.The Company
is authorized to conduct business in Idaho.It is registered with the Idaho Secretary of State as a
foreign business corporation as verified by Staff and also as per Exhibit A of the Application.
The Company stated the followingconcerning 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 authorityto provide service via its own lit and dark fiber
facilities and/or through resale arrangements.Id.At 2.
Further,the Company stated that it "intends to offer service in geographic areas currently
served by CenturyLinkand other providers as deemed appropriate."It "will mirror the basic
local scopes of the incumbent local exchange companies."Id.At 3.
The Company provided the names and addresses of its officers and owners,as well as
relevant corporate financial information.The Company asserts it has reviewed the
Commission's applicable rules and agrees to provide service in accordance with those rules.
STAFF ANALYSIS
Staff has reviewed the Company's Application and believes the Company understands
the Commission's rules and requirements related to the provision of telecommunication services
in Idaho.Staff believes the Company's Application fulfills the requirements of IDAPA
31.01.01.114and Order No.26665.Staff also believes the Company possesses the requisite
financial,managerial,and technical qualifications necessary to operate as a provider of
telecommunications services in Idaho.
STAFF RECOMMENDATION
Staff recommends approval of the Company's Application for a CPCN certificate subject
to the followingconditions:
STAFF COMMENTS 2 MARCH 24,2023
1.The Company complies with number pooling and reporting requirements of the
North American Numbering Plan Administrator,as outlined in Commission Order
No.30425;
2.The Company provides necessary reports and contributions appropriate to the
Idaho Universal Service Fund,Idaho Telecommunications Relay Services,and
Idaho Telecommunications Service Assistance Program,and complies with all
future reporting requirements deemed appropriate by the Commission for
competitive telecommunications providers;
3.Prior to issuance of the CPCN certificate,the Company files a fmal price list
outlining all its rates,terms,and conditions with the Commission;
4.The Company 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.July21,2023
b.November 24,2023
c.March 22,2024
If the Company fails to provide the three reports,the Company shall relinquish its
CPCN certificate and all telephonenumbers it has been assigned or the
Commission will by its order revoke the Company's CPCN certificate;and
5.If the Company is not providing basic local exchange service by the time the third
report is due,the Commission by its order will revoke the Company's CPCN
certificate.
Respectfully submitted this day of March 2023.
Michael Duval
Deputy Attorney General
Technical Staff:Johan E.Kalala-Kasanda
i:umisc/comments/epet22.lmdjkcomments
STAFF COMMENTS 3 MARCH 24,2023
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 24th DAY OF MARCH 2023,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF,IN
CASE NO.EPC-T-22-01,BY E-MAILING A COPY THEREOF,TO THE FOLLOWING:
CONNIE WIGHMAN
INTESERRA CONSULTING
151 SOUTHHALL LANE STE 450
MAITLAND FL 32751
E-MAIL:cwightman inteserra.com
SECRET
CERTIFICATE OF SERVICE