3. Limited versus Full Facilities-Based CPCN

In both its original and amended application, Inyo requests authorization for a CPCN to provide full facilities-based and resold local exchange and intrastate interexchange telecommunications services. A Proponent's Environmental Assessment (PEA) is required for a full facilities-based CPCN. In both its Amended Application and Response, Inyo states that it currently lacks funding to commence construction and that it is not economically feasible for Applicant to develop a PEA.¹ Thus, the amended application only supports a request for a limited facilities-based CPCN.

In the October 8, 2009 ruling, the Administrative Law Judge (ALJ) stated, in part, that, given the language in the amended application, unless something more was forthcoming, the application would be treated as a request for a limited facilities-based CPCN. In its Response, Inyo agreed to treatment of the application as a request for limited facilities-based authority. Therefore, this application will be treated as a request for limited facilities-based authority.

The treatment of Application (A.) 09-07-023 as a request for a limited facilities-based CPCN does not preclude Inyo from filing an application at a later date to pursue a full facilities-based CPCN. Inyo must not begin construction of facilities beyond those authorized by this decision until further approval is granted.

¹ Amended Application filed August 20, 2009, at 3 and 4; and Response at 2 and 3.