20100122final_order_no_30984.pdf

Office of the Secretary
Service Date
January 22 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF GREENFL Y NETWORKS, INC. FOR A
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE
TELECOMMUNCATIONS SERVICES.
ORDER NO. 30984
CASE NO. GFN-09-
On September 11 , 2009, Greenfly Networks, Inc. dba Clearfly Communications filed
an Application for a Certificate of Public Convenience and Necessity (CPCN) to provide data
and voice telecommunications services to businesses in the State of Idaho. The Application
states that the Company intends to act as both a reseller of services and as a facilities-based
provider in select markets.
THE APPLICATION
The Company proposes to provide integrated data and Internet Protocol (IP) based
voice services to small and medium-sized businesses throughout Idaho.
The Company intends to offer local and long-distance VolP service, inbound toll-free
service, Internet access, network management, and corporate WAN services. The Company
maintains that it will compete with both incumbent and competitive local exchange carriers.
In its Application the Company expressly states that it has reviewed and agrees to
comply with the Commission rules. Greenfly Networks is incorporated under the laws of
Nevada and has been issued a Certificate of Authority to transact business in the State of Idaho.
The Company identifies National Registered Agents, Inc. as its registered agent for service of
process.
STAFF COMMENTS
Staff has reviewed the Application and believes the Company understands and agrees
to comply with Commission rules and requirements. Furthermore, the information contained in
the Application satisfies the Commission s rules and requirements. See Procedural Order No.
26665; IDAP A 31.01.01.111. Staff, therefore, recommended approval of the Application for a
Certificate of Public Convenience and Necessity subject to the following: (1) compliance with
the Number Pool Administrator and Idaho Commission Order No. 30425 mandating number
resource utilization/forecast (NRUF) reporting requirements; (2) contribution to the Idaho
ORDER NO. 30984
Universal Service Fund (USF), Idaho Telecommunications Relay Service (TRS), Idaho
Telephone Service Assistance Program (ITSAP), and any future reporting requirements deemed
appropriate for competitive telecommunications providers; (3) upon CPCN issuance, filing a
final and complete price list with the Commission containing all of its rates, terms and
conditions; and (4) the Company agrees that it will relinquish its Certificate and any telephone
numbers if it is not doing business within one year of its issuance of a CPCN.
COMMISSION FINDINGS
Based on our review of the filing and the record in this case, the Commission finds
that the Company s filing satisfies the requirements of the Commission s Rules and Procedural
Order No. 26665. Thus, we approve Greenfly s Application for a Certificate of Public
Convenience and Necessity to allow the Company to provide telecommunications services
within the State of Idaho subject to compliance with the Number Pool Administrator;
contribution to the USF , TRS, and ITSAP; any future reporting requirements deemed
appropriate; and relinquishment of its Certificate and telephone numbers if the Company is not
doing business within one year of its CPCN issuance.
ORDER
IT IS HEREBY ORDERED that Greenfly Networks, Inc. is granted a Certificate of
Public Convenience and Necessity to provide competitive telecommunications services within
the State ofldaho as conditioned in the body of this Order.
IT IS FURTHER ORDERED that Greenfly Networks, Inc. file a final and complete
price list with the Commission containing all of its rates, terms and conditions no later than
fourteen (14) days from the service date of this Order.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. Idaho Code ~~ 61-626
and 62-619.
ORDER NO. 30984
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
:;.;)
day of January 2010.
JI . KEMPT , P IDENT
J 6L1L..
MARSHA H. SMITH, COMMISSIONER
~~~~
MACK A. REDFORD, C
\;wI
MISSIDNER
ATTEST:
J\ tt-J a D. Jewell
C mmission Secretary
O:GFN-09-ks2
ORDER NO. 30984