20000313Comments.doc

DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3366

Attorney for the Commission Staff

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-00-01

COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of Record, Donald L. Howell, II, Deputy Attorney General, and submits the following comments in response to the Commission’s Notice of Modified Procedure issued in Order No.28290 on February 23, 2000.
On February 4, 2000, Avista Communications of Idaho submitted a petition seeking temporary relief from interim local number portability requirements, as well as an immediate suspension of any enforcement of interim number portability regulations, pending the resolution of the petition. The petition included a letter from U S WEST Communications supporting the request.
U S WEST implemented local number portability (LNP) on March 8, 2000 in its Lewiston-Sherwood switch. Once its switch is converted, U S WEST asserts that in accordance with the federal Telecommunications Act Section 251(b)(2), it is no longer allowed to provide interim number portability (INP) in the Lewiston exchange to any carrier, unless that carrier obtains a LNP waiver. Avista's current switching equipment can provide INP, but not LNP. Avista indicated in its Application that it has ordered an LNP capable switch, but the new switch is not expected to be available by March 8th. However, the new switch should be operational before August 15, 2000. Therefore, the Company requested a waiver of the INP requirements, until the new switch is operational, or August 15, 2000, whichever is earlier.
Final action on this petition was not expected to be concluded prior to the March 8th date for implementation of LNP by US WEST. Avista would technically be in violation of the requirements of Section 251(b)(2) until this petition is granted. Therefore the Company requested an immediate suspension of Section 251(b)(2) obligations until the Commission's disposition of this Petition. In Order No. 28290, the Commission suspended enforcement of the LNP requirement pending review of Avista’s request for a temporary suspension until August 15, 2000.
The Company temporarily indicates the suspension requested by this petition is specifically authorized by Section 251(f)(2) of the Act, and was confirmed by the FCC in its First Memorandum Opinion and Order on Reconsideration in CC Docket No 95-116.

STAFF RECOMMENDATION
Staff recommends this petition be granted. The request to temporarily suspend Avista’s LNP obligation appears to be consistent with the procedures identified in Section 251(f)(2) of the Telecommunications Act. The circumstances cited by Avista appear to be just the type of situation the waiver process was intended to address. In this specific case, both of the companies involved, U S WEST and Avista, have indicated their support for the waiver. Because Avista has ordered and will install LNP capable switching equipment, there is no attempt to avoid this interconnection obligation. Without the waiver, Avista would be at a competitive disadvantage during this period, as it could not offer customers the option of keeping the same number if they switch service providers.
The setup of calls using INP takes slightly longer than calls using LNP, although the time difference is relatively small, typically a fraction of a second. Any customers who remain on INP during the period of the waiver would experience a delay in receiving the faster time benefits of LNP. The period of the waiver is short enough, less than 6 months, and the differences between LNP and INP so small, that staff does not consider this delay to be significant.
In summary, Staff recommends that Avista’s LNP obligation be suspended until August 15, 2000, or until such earlier time as its new switch is installed and operational.
DATED at Boise, Idaho this day of March 2000.

Donald L. Howell, II
Deputy Attorney General

Technical Staff: Wayne Hart

vld/N:AVC-T-00-1_dh

STAFF COMMENTS 1 MARCH 13, 2000