20000223Order No 28290.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF AVISTA COMMUNICATIONS OF IDAHO, INC.’S PETITION FOR TEMPORARY LOCAL NUMBER PORTABILITY RELIEF PURSUANT TO 47 U.S.C.
§ 251(f)(2). )
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CASE NO. AVC-T-00-1

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 28290

On February 4, 2000, Avista Communications of Idaho submitted a Petition seeking a temporary suspension of its number portability obligation required by the federal Telecommunications Act of 1996. More specifically, Section 251(b)(2) of the Act requires all local exchange companies to “provide, to the extent technically feasible, number portability in accordance with requirements prescribed by the [Federal Communications] Commission.” Section 251(f)(2) of the Act also provides that this Commission may suspend a carrier’s 251(b) obligation in specific instances. Avista asks that the Commission expeditiously review this Petition and in the interim grant it an immediate suspension of its number portability requirements. Based upon our review of the Petition and the assertions contained therein, we find that it is reasonable and appropriate to issue this Order suspending enforcement of Avista’s number portability obligation while the Commission reviews the merits of the Petition.

BACKGROUND
In its Petition, Avista maintains that on or about January 26, 2000, U S WEST Communications informed Avista that U S WEST intended to upgrade its central office switch servicing Lewiston, Idaho to provide local number portability (LNP). U S WEST set March 8, 2000, as the target date for implementing the upgrade of its Lewiston switch. Although Avista has ordered a new LNP capable switch for its Lewiston switch, the manufacturer of Avista’s switch (Lucent Technologies) has not provided Avista with a firm installation date. Avista is confident, however, that its switch can be upgraded to handle LNP orders no later than August 15, 2000. Consequently, Avista requests that the Commission suspend its local number portability obligations under Section 251(b) until August 15, 2000, unless the switch is installed at an earlier date.
Attached as an exhibit to Avista’s Petition was a letter from U S WEST’s counsel. As stated in the letter, U S WEST believes that FCC rules prohibit U S WEST from accepting any interim number portability (INP)-based “orders from other carriers unless the ordering carrier’s Section 251(b)(2) obligations have been waived or suspended.” Consequently, without the relief requested by Avista, U S WEST will not accept Avista’s INP-based orders with due dates after March 8, 2000.
The federal Telecommunications Act permits this Commission to suspend or modify a local exchange carrier’s Section 251(b) obligation if the carrier serves fewer than 2% of the nation’s subscriber lines. 47 U.S.C. 251(f)(2). This section further provides that a state commission shall grant a petition for suspension
to the extent that, and for such duration as, the State commission determines that such suspension or modification

(A) is necessary—

(i) to avoid a significant adverse economic impact on users of telecommunications services generally;
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(iii) to avoid imposing a requirement that is technically infeasible; and

(B) is consistent with the public interest, convenience, and necessity.

The State commission shall act on any petition filed under this paragraph within 180 days after receiving such petition. Pending such action, the State commission may suspend enforcement of a requirement or requirements to which the petition applies with respect to the petitioning carrier or carriers.

47 U.S.C. § 251(f)(2) (emphasis added).

DISCUSSION AND FINDINGS
As set out above, Avista requests that the Commission grant it an immediate suspension from enforcement of its local number portability requirement until such time as the Commission has been able to rule upon its request to temporarily suspend the obligation until August 15, 2000. As a threshold matter, Avista asserts that it serves fewer than 2% of the nation’s subscriber lines. The Commission finds that Avista is a local exchange carrier serving fewer than 2% of the Nation’s installed subscriber lines. Consequently, it is eligible to seek a suspension or modification of its 251(b) obligations under the federal Telecommunications Act.
Avista maintains that it is technically infeasible to execute LNP orders until its switching equipment has been upgraded by the manufacturer. Avista believes that it can complete the necessary switch replacement no later than August 15, 2000. Avista has requested that the Commission process its request for a temporary suspension under Modified Procedure. IDAPA 31.01.01.201-204. The Commission finds that it is reasonable to process Avista’s Petition for temporary suspension of its LNP obligation until August 15, 2000, under Modified Procedure.
While the Commission is examining the merits of granting the temporary suspension of Avista’s number portability obligation, federal law allows the Commission to “suspend enforcement of the requirement” until such time as the Commission has completed its review of the suspension petition. Based upon the assertions contained in the Petition and the accompanying supporting letter from U S WEST, we find that it is reasonable to immediately suspend enforcement of the Company’s LNP obligation until such time as we have completed our review of the Company’s Petition. As set out above, Section 251(f)(2) allows the Commission to suspend enforcement pending our review on the merits of the Company’s Petition.

NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission's Rules of Procedure, IDAPA 31.01.01.201 through .204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on Avista’s Petition for a temporary suspension of its LNP obligation until August 15, 2000, may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments. Written comments concerning this application shall be mailed to the Commission and the Applicant at the addresses reflected below:
Commission Secretary Molly O’Leary
Idaho Public Utilities Commission Richardson & O’Leary, PLLC
PO Box 83720 PO Box 1849
Boise, Idaho 83720-0074 Eagle, ID 83616

Street Address for Express Mail: Attorney for Avista Communications

472 W. Washington Street
Boise, Idaho 83702-5983

These comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments are received within the time limit set, the Commission will consider this matter on its merits and enter its Order without a formal hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this matter pursuant to Idaho Code § 62-615(1) and 47 U.S.C. § 251(f)(2).
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.

O R D E R
IT IS HEREBY ORDERED that pending the review of Avista Communications’ Petition for a temporary suspension of its local number portability obligation, the Commission suspends enforcement of the number portability requirement until such time as the Commission has completed its review of the substantive merits of the Company’s Petition.
IT IS FURTHER ORDERED that Avista’s Petition for temporary local number portability relief until August 15, 2000, unless the new switch is operational sooner, be processed under the Commission’s Rules for Modified Procedure. IDAPA 31.01.01.201-204.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of February 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

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NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28290 1

Office of the Secretary
Service Date
February 23, 2000