20201016Decision Memo.pdf

DECISION MEMORANIDTJM
TO:COMNIISSIONER KJELLANDER
COMIT,IISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMNIISSION STAFF
LEGAL
FROM:MATT HUNTER
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 16,2020
SUBJECT:IN THE MATTER OF GC PIVOTAL,LLC DBA GLOBAL CAPACITY'S
ELIGIBILITY TO HOLD CERTIF'ICATE OF PUBLIC CONVENIENCE
AND NECESSITY NO.530; CASE NO. GCP-T-20-01.
GC Pivotal,, LLC dba Global Capacity ("Company") holds Certificate of Public
Convenience and Necessity ("CPCN") No. 530. On November 18, 2019, the Commission
approved the Company's application for a CPCN, subject to several conditions. One of the
conditions ("condition 5') is:
The Company mustprovide three reports to the Commission indicating
the number of basic local exchange customers it has and the services being
offered. These reports willbe due on:February 19,2020;June 17,2020;
and October 18,2020.If the Company fails to provide the three reporb,
the Company shall relinquish its CPCN and all telephone numbers.
OrderNo. 34484 at2.To date, the Commissionhas notreceivedany ofthe reports.
On September28,z0z0,the Commission issued an Orderto Show Cause, stating the
claim ("Claim 1") that the Company had violated Order No. 34484 by failing to comply wiffr
condition 5. The Show Cause Order also directed the Company to appear before the Commission
to show cause why "the Commission should not find the Company violated condition 5 of Order
No. 34484...." OrderNo. 34786 at 2.
The Order to Show Cause also noted that "[t]elephone corporations that do not provide
basic local exchange service are ineligible for a CPCN. . .." Id. at 1 . However, the Commission did
not cite failure to provide basic local exchange service as a claim against the Company.
DECISION MEMORANDUM I
The Commission attempted to serve the Company a copy ofthe Orderto Show Cause
by certified mail. However, the address usedby the Commission was incorrect.
STAFF RECOMMENDATION
Staff notes that the incorrect address was used to serve the Company a copy of the
September 28,2020 Orderto ShowCause,OrderNo. 34786. Therefore,the Companyhasnotyet
received notice of the show-cause hearing. Staffrecommends the Commissionvacate OrderNo.
34786 and issue a new Order to Show Cause with a new hearing date to comply with ldaho C.ode
$ 6l-616.
If the Commission choses to reissue its Order to Show Cause in this case, Staff
recommends the Commission take the opportunrty to add an additional claim to the new order.
While Order No. 34786 noted that only telephone corporations providing basic local exchanp
service are eligible for a CPCN, Order No. 34786 does not claim the Company is not providing
basic local exchange service.,See OrderNo.26665. Staffbelieves this claim should be madein the
Commission's new order so that the Company can address the claim at its show-cause hearing
The purpose ofthe three reports required in condition5 is to verify thatthe Company is providing
basic local exchange service. The Company has notprovided the reports to date; therefore, there
is no evidence the Companyis providingbasic local exchange service to any of its customers. Staff
believes the Company should show cause why the Commission should not find the Company
violated the CPCN eligibility requirements in OrderNo.26665.
COMIVISSION DECISION
Does the Commission wish to:
1. Vacate OrderNo. 34786?
2. Re-issue an Order to Show Cause in Case No. GCP-T-20-01 with a new hearing date?
a. If yes, does the Commissionwish to add a new claim: thatthe Company's
failure to provide basic local exchange service is a violation of the CPCN
eligibility requirements in OrderNo. 26665?
Matt Hunter
Deputy Attorney General
I : \LegaI\TELEPHONE\GC P -T-204 I \GCP T200 I _dec_memo_vacate_mh. docx
DECISION MEMORANDUM 2