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Home My WebLink Aboutattt991.at&t.ch.ws.docWELDON STUTZMAN DEPUTY ATTORNEY GENERAL IDAHO PUBLIC UTILITIES COMMISSION PO BOX 83720 BOISE, IDAHO 83720-0074 (208) 334-0300 Idaho Bar No. 3283 Street Address for Express Mail: 472 W. WASHINGTON BOISE, ID. 83702-5983 Attorneys for the Commission Staff BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF AT&T COMMUNICATIONS OF THE ) CASE NO. ATT-T-99-1 MOUNTAIN STATES, INC. FOR APPROVAL ) OF ITS PLAN TO IMPLMENT INTRASTATE, ) COMMENTS OF THE INTRALATA DIALING PARITY ) COMMISSION OF STAFF COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, Weldon Stutzman, Deputy Attorney General, and submits the following comments for the Commission’s consideration in Case No. ATT-T-99-1. BACKGROUND On April 22, 1999, AT&T Communications of the Mountain States, Inc. (AT&T) filed its application for approval of an intrastate, intraLATA toll dialing parity plan. AT&T filed a Digital Link Service Dialing Parity Implementation Plan and it provides for intraLATA toll dialing parity within Idaho for customers subscribing to AT&T Digital Link Service. This filing is in compliance with The Telecommunications Act of 1996 (the Act), Section 251 which states: (b) OBLIGATIONS OF ALL LOCAL EXCHANGE CARRIERS.-Each local exchange carrier has the following duties (emphasis added): DIALING PARITY.-The duty to provide dialing parity to competing providers of telephone exchange service and telephone toll service, and the duty to permit all such providers to have nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listing, with no unreasonable dialing delays. Following implementation of the Act, many States challenged the jurisdictional authority of the FCC to implement the Act. These challenges resulted in a suit (AT&T v. Iowa Utilities Board) being filed in Federal Court, which founds its way to the Eighth Circuit Court of Appeals, and later to the United States Supreme Court. On January 25, 1999, the United States Supreme Court, in AT&T v. Iowa Utilities Board, reversed in part the rulings of the Court of Appeals. The Supreme Court had vacated certain rules the FCC had adopted pursuant to the Communications Act of 1934, as amended by the Telecommunications Act of 1996, and held, inter alia, that the FCC has general jurisdiction to implement the Act’s local competition provisions. With its decision, the Supreme Court allowed the FCC to revise the timing for implementing dialing parity. The Supreme Court remanded to the Court of Appeals, which was later to remand it to the FCC in a final order. Before the FCC received its final order from the Court of Appeals, the FCC issued its Order No. FCC 99-54, establishing new timelines for all local exchange carriers to implement dialing parity. Specifically, the order requires all local exchange carriers that had not yet filed dialing parity plans to submit implementation plans to State Commissions no later than April 22, 1999. State Commissions are given until June 22, 1999, to review and approve those plans, and the local carriers are to implement dialing parity within thirty days of the state’s approval. AT&T is a competitive local exchange carrier (CLEC) and is filing its plan to comply with the FCC order. Although AT&T’s Digital Link Service does not fall within the regulatory authority of the Idaho Public Utilities Commission, the company is still required to file its plan for the Commission’s approval, pursuant to Section 251. SUMMARY OF PLAN AT&T proposes to implement full 2-PIC (intraLATA toll and interLATA) dialing parity, allowing AT&T Digital Link Service customers to pre-subscribe to one carrier for all interLATA calls and to the same or another carrier for all intraLATA toll calls. AT&T will provide the capability for pre-subscription, however subscribers must reprogram their PBX to send their traffic to their selected carrier in order for the pre-subscribed choice to be effective. Staff believes the 2-PIC implementation plan submitted by AT&T satisfies the guidelines of the FCC. Customer Notification AT&T will provide notice to its AT&T Digital Link Service subscribers of the forthcoming availability of intraLATA toll and interLATA dialing parity by means of a one-time mailing. The Company attached its customer notice as an exhibit to its Application. AT&T proposes to provide its subscribers notification 15 days prior to the implementation of dialing parity, provided that at least one carrier requests inclusion within the AT&T network. Because AT&T’s Digital Link Service is a non-regulated service and the number of customers is a very low percentage of total Idaho customers, Staff believes that this methodology is fair and reasonable. IntraLATA Carrier for Current Customers AT&T will use competitively neutral business office practices when an existing AT&T Digital Link Service subscriber contacts AT&T to request information on dialing parity or to change to an alternate intraLATA toll and/or interLATA provider. The Company, upon request, will provide customers a randomly ordered list of carriers available to them in their geographic area. Existing subscribers who do not affirmatively select an alternative provider will remain with their pre-existing intraLATA toll and interLATA carrier. Staff recommends accepting the Company’s proposal for its existing customers who do not affirmatively choose a carrier. IntraLATA Carrier for New Customers AT&T will inform new AT&T nodal services and AT&T Digital Link Service customers of the dialing parity feature available to them and, upon request, will provide customers a randomly ordered list of carriers available to them in their geographic area. If the new customer does not indicate a preference for an alternate carrier, interLATA and intraLATA toll traffic sent over AT&T Digital Link nodal facilities will be carried over AT&T’s network as part of the subscriber’s new nodal agreement. Staff believes this proposal is reasonable. Because all of AT&T’s Digital Link Service customers are set up on a contractual volume discount basis, this does not appear to be anti-competitive for the new consumers. Staff recommends accepting AT&T’s proposal for new customers. PIC Charge AT&T will not impose charges on its customers for pre-subscribing to an alternate carrier or for changing their PIC selection. Staff supports this and recommends approval. PIC Changes AT&T will accept customer-initiated requests for alternate interLATA or intraLATA toll carrier on the date of implementation. If all necessary access facilities already exist, the PIC selection will be processed within three business days. Should the installation of new access facilities be required, the PIC selection will be completed within three business days of the new facilities being fully provisioned and operational. Staff appreciates the specificity of AT&T’s implementation plan and recommends approval. Proposed Implementation Schedule AT&T will implement dialing parity no later than 30 days after the date on which this plan is approved. Cost Recovery AT&T has not requested any cost recovery mechanism in its plan. Carrier Practices Any interexchange carrier that wishes to be listed as a provider of intraLATA toll or interLATA service at the time of dialing parity implementation must notify AT&T no later than thirty days prior to dialing parity availability. Access Service Request (ASR) requirements are available from the AT&T Carrier Service Center. Because the Commission does not regulate AT&T Digital Link Services, this point is not particularly significant for Staff’s consideration. However, Staff would support AT&T’s efforts. Staff Recommendation Staff recommends that the Commission approves AT&T’s intraLATA toll dialing parity plan as presented in its plan. Respectfully submitted this day of May, 1999 ____________________________________ Weldon Stutzman Technical Staff: Carolee Hall CH:jo\word\comments\ATT-T-99-1 Dialing Parity.doc STAFF COMMENTS 5 May 18, 1999