20200928Show_Cause_Order_No_34786.pdf

ORDER TO SHOW CAUSE
NOTICE OF HEARING
ORDER NO. 34786 1

Office of the Secretary
Service Date
September 28, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF GC PIVOTAL, LLC
DBA GLOBAL CAPACITY’S ELIGIBILITY
TO HOLD CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY NO. 530
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CASE NO. GCP-T-20-01

ORDER TO SHOW CAUSE

NOTICE OF HEARING

ORDER NO. 34786

GC Pivotal, LLC dba Global Capacity (“Company”) holds Certificate of Public
Convenience and Necessity (“CPCN”) No. 530. This matter comes before the Commission due to
the Company’s failure to provide reports to the Commission regarding the number of customers
to which it is providing basic local exchange service, in violation of Order No. 34484. See Idaho
Code § 62-605(5)(b).
BACKGROUND
The Commission has noneconomic regulatory authority over telephone corporations
that provide basic local exchange service1 in Idaho. See Idaho Code § 62-605(5)(b). A provider of
basic local exchange service must apply to the Commission for a CPCN. See Order No. 26665.
A CPCN can be valuable to a telephone corporation. Idaho Code grants telephone
corporations broad access to rights of way along public roads and highways, and a provider that
holds a CPCN issued by the Commission is generally presumed to be a telephone corporation by
governmental entities granting right-of-way access. See Idaho Code § 62-701. Telephone
corporations that do not provide basic local exchange service are ineligible for a CPCN because
the Commission has almost no regulatory authority over them. See Order Nos. 26665 at 1, and
32059 at 2-3.
The Commission issued the Company CPCN No. 530 in December 2019 subject to
several conditions. In a September 9, 2020 decision memorandum, Staff asserted that the Company
has failed to meet a condition the Commission placed on the Company when it approved the

1 Basic local exchange service means the provision of access lines to residential and small business customers with
the associated transmission of two-way interactive switched voice communication within a local exchange calling
area. Idaho Code § 62-603(1).

ORDER TO SHOW CAUSE
NOTICE OF HEARING
ORDER NO. 34786 2

Company’s application (“condition 5”). Specifically, in Order No. 34484, the Commission
ordered:
The Company must provide 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 on: February 19, 2020; June 17, 2020;
and October 18, 2020. If the Company fails to provide the three reports,
the Company shall relinquish its CPCN and all telephone numbers.
The Company has failed to file the February 19, 2020 report and the June 17, 2020 report.
STATUTORY AUTHORITY
The Commission has jurisdiction in this matter under Idaho Code § 61-501, which vests
the Commission with the authority and jurisdiction to supervise and regulate every public utility
in the state. Idaho Code § 62-605(5)(b) gives the Commission “continuing authority to determine
the noneconomic regulatory requirements relating to basic local exchange service for all telephone
corporations providing basic local exchange service….” Under Idaho Code § 61-624, the
“[C]omission may at any time, upon notice to the public utility affected, and after opportunity to
be heard as provided in the case of complainants, rescind, alter[,] or amend any order or decision
made by it,” including an order granting a CPCN to a telephone corporation. See Idaho Code §§
61-612 to 61-618.
CLAIM
1. Violation of Commission Order No. 34484
In Order No. 34484, the Commission conditioned approval of the Company’s
application for a CPCN on the Company providing “three reports to the Commission indicating
the number of basic local exchange customers it has and the services being offered.” (Condition
5.) The first report was due February 19, 2020; the second report on June 17, 2020; and the third
report will be due on October 18, 2020. The Commission has not received the February 19, 2020
report or the June 17, 2020 report.
ORDER
Based on the evidence before the Commission, and good cause appearing, IT IS
HEREBY ORDERED that the Company shall appear before the Commission on TUESDAY,
OCTOBER 20, 2020, AT 2:00 PM (MDT), to show cause:
a. Why the Commission should not find the Company violated condition 5 of Order No.
34484; and
ORDER TO SHOW CAUSE
NOTICE OF HEARING
ORDER NO. 34786 3

b. Why the Commission should not rescind Order No. 34484 pursuant to Idaho Code § 61-
624 based on the Company’s failure to meet the Commission’s prescribed conditions for
CPCN issuance, thereby revoking the Company’s CPCN.
The Company may appear before the Commission in person or telephonically. Interested persons
can call 1-800-920-7487 shortly before the designated time and enter the passcode 6674832# when
prompted.
IT IS FURTHER ORDERED that the telephonic hearing will meet accessibility
requirements of the Americans with Disabilities Act. Persons needing the help of a sign language
interpreter or other assistance in order to participate in or to understand testimony at a public
hearing may ask the Commission to provide a sign language interpreter or other assistance at the
hearing. The request for assistance must be received at least five working days before the hearing
by contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
P.O. BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
[e-mail]
IT IS FURTHER ORDERED that all proceedings in this matter will be conducted
pursuant to Title 61 of the Idaho Code and the Commission’s Rules of Procedure, IDAPA
31.01.01.000 et seq.
IT IS FURTHER ORDERED that the Commission Secretary serve this Order to Show
Cause by Certified Mail (return receipt requested) upon the person designated to receive Notices
of Summonses and Complaints (IDAPA 31.01.01.016) and upon the person designated by the
utility to receive legal service in Idaho. Idaho Code § 61-615.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
34781, issued September 17, 2020. 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.
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ORDER TO SHOW CAUSE
NOTICE OF HEARING
ORDER NO. 34786 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 28th
day of September 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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