20091208Comments.pdf

KRISTINE A. SASSER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BARNO. 6618
P,f= C E \ \/ r:.. .-
inGq DEC -8 ~M 9: 44
Street Address for Express mail
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
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 TELECOMMUNICATIONS )SERVICES. )
CASE NO. GFN- T -09-01
COMMENTS OF THE
COMMISSION STAFF
The Staff of the Idaho Public Utilties Commission, by and through its attorney of record,
Kristine A. Sasser, Deputy Attorney General, in response to the Notice of Application and Notice of
Modified Procedure (Order No. 30946) submits the following comments.
BACKGROUND AND STAFF ANALYSIS
On September 11,2009, Greenf1y Networks, Inc. dba Clearf1y Communications fied an
Application for a Certificate of Public Convenience and Necessity (CPCN) to provide 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 facilties-based provider in select
markets. Following an initial review, Staff notified the Company of necessary corrections that were
needed before any further processing could take place. On October 28,2009, the Company
promptly responded to Staff s concerns and filed its corrections as requested.
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 wil compete with both incumbent and competitive local exchange carriers.
This Commission approved an Interconnection Agreement between the Company and Qwest
on Februar, 18,2009. See Order No. 30730.
STAFF COMMENTS 1 DECEMBER 8, 2009
Greenf1y 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.
In its Application the Company expressly states that it has reviewed the Commission rules.
and agrees to comply with them.
STAFF RECOMMENDATION
1. Staff recommends that Greenf1y Networks Inc. dba Clearf1y Communications be granted
a CPCN subject to the following conditions:
a. The granting of this Certificate wil be conditioned upon the Company
complyjrg with the Number Pool Administrator and Idaho Commission Order
No. 30425, which requires NRUF and Utilization reporting.
b. As a provider of intrastate regulated local exchange services and in accordance
with the Commission's Rules of Procedure, Clearf1y wil be required to report
and contribute, as appropriate, to the Idaho Universal Service Fund, Idaho
Telecommunications Relay System, ITSAP and any requisite annual reporting
that may be deemed appropriate in the future for competitive telecommunication
providers.
c. Upon approval of this Application, Clearf1y wil issue a final price list under
Case No. GFN-T-09-01, at which time a certificate will be issued; and
d. The Company agrees that it wil relinquish its certificate and any telephone
numbers if it is not doing business within one year of its issuance of a CPCN.
Respectfully submitted this i -rH day of December 2009.
~;.,a. ~M=
Krist e A. Sasser
Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc:commentsigfut09. i ksch comments. doc
STAFF COMMENTS 2 DECEMBER 8, 2009
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 8TH DAY OF DECEMBER 2009,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. GFN-T-09-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
TIM DODGE
CHIEF OPERATING OFFICER
GREENFL Y NETWORKS INC
222 N 32ND ST
BILLINGS MT 59101
E-MAIL: tim.dodge(iclearf1y.net
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SECRETARf
CERTIFICATE OF SERVICE