20120404Motion RE Procedural Schedule.pdf

Mary S. Hobson
Attorney & Counselor
999 Main, Suite 1103
Boise, II) 83702
RECEIVED
2912 APR -* PM 14: 5
IDAHO FUB•L
UT.IUTES 00MMSS101`41
April 4, 2012
VIA HAD DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702-5983
RE: In The Matter of Qwest Corportion d/b/a/ CenturyLink QC, CenturyTel of
Idaho, Inc. d/b/aI CenturyLink and CenturyLink of the Gem State, Inc. dlb/a
CenturyLink's Petition for an Exemption of the Commission's Telecommunications
Customer Relations Rule 502 (IDAPA 31.41.01.502), Case Nos. QWE-T-12-01,
CEN-T-12-01 and CGS-T-12-01
Dear Ms. Jewell:
Enclosed for filing with this Commission are an original and seven (7) copies of THE
CENTURYLINK COMPANIES' MOTION RE PROCEDURAL SCHEDULE.
If you have any questions, please contact me. Thank you for your cooperation in
this matter.
Very truly yours,
-
Mary S. bson
Enclosures
Mary S. Hobson (ISB. No. 2142)
999 Main, Suite 1103
Boise, ID 83702
Tel: [phone]
mary.hobson(2CenturyL ink. corn
Lisa A. Anderl
Associate General Counsel
1600 7th Avenue, Room 1506
Seattle, WA 98191
Tel: [phone]
[e-mail]
Attorneys for the CenturyLink Companies
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION DBA CENTURYLINK
QC, CENTURYTEL OF IDAHO, INC.
DBA CENTURYLINK AND
CENTURYLINK OF THE GEM STATE,
INC. DBA CENTURYLINK'S
PETITION FOR AN EXEMPTION OF
THE COMMISSION'S
TELECOMMUNICATIONS
CUSTOMER RELATIONS RULE 502
(IDAPA 31.41.01.502)
Case Nos. QWE-T-12-01
CEN-T-12-01
CGS-T-12-01
THE CENTURYLINK COMPANIES' MOTION RE PROCEDURAL SCHEDULE
Qwest Corporation dba CenturyLink QC, CenturyTel of Idaho, Inc. dba
CenturyLink, and CenturyTel of the Gem State, Inc. dba CenturyLink (collectively "the
CenturyLink companies" or "CenturyLink") by and through their undersigned attorneys
file this Motion re Procedural Schedule seeking that the Commission hold its decision on
the CenturyLmk Companies' Petition for exemption pending progress through specified
phases of a Negotiated Rulemaking set out below. This Motion is based on
CENTURYLINK MOTION RE PROCEDURAL SCHEDULE
-1-
CenturyLink's understanding of the Commission Staff's willingness to expeditiously
address certain issues raised by the Petition in said Rulemaking as detailed in this
Motion.
BACKGROUND
The CenturyLink Companies filed their Petition for Exemption from Rule
31.41.01.502 (Petition) on December 22, 2011. The Commission's Notice of Petition,
Notice of Modified Procedure and Order No. 32446 were issued January 25, 2012. The
Commission Staff (Staff) and Frontier Communications Northwest Inc. and Citizens
Telecommunications Company of Idaho cl/b/a Frontier Communications of Idaho
(collectively, "Frontier") filed responsive comments on February 22 and 23, respectively
In its Comments Staff recommended that CenturyLink be denied an exemption
and that the Commission open a Negotiated Rulemaking Proceeding regarding Rule 502.
Frontier Comments requested that "the Commission open a rulemaking to discuss these
important issues and immediately grant a waiver of Rule 502 to CenturyLink and all
similarly situated companies." In Reply Comments CenturyLink continued to point out
that the CentuiyLink Companies had demonstrated that the standards for granting of a
permanent exemption had been met but did not object to a rulemaking process to address
the broader question of the technological and competitive neutrality of the Commission's
telecommunications rules in light of the present industry environment in Idaho.
Following these submissions, representatives of Staff and CenturyLink continued
to discuss the issues and how they could be best addressed by the Commission and the
industry. On March 28, 2012 Staff and company representatives met informally to
determine whether any agreement was possible on interim relief for the CenturyLink
CENTURYLINI( MOTION RE PROCEDURAL SCHEDULE
-2-
Companies while the rulemaking proposed by Staff proceeded The parties to that
meeting were not able to reach agreement concerning interim relief but certain areas of
agreement, detailed immediately below, were reached and these are the bases for
CentuiyLink's position on the submission of its Petition to the Commission for decision
at this time.
NEGOTIATED RULEMAKING PROCEDURE
1.Staff agreed to seek the Commission's approval for the initiation of a
Negotiated Rulemaking at the Commission's next Decision Meeting, scheduled for April
9, 2012.
2.If the Commission concurs with Staff's Negotiated Rulemaking
recommendation, Staff agreed to expeditiously issue the Commission's Notice thereof
and schedule a workshop for all interested parties for the purpose of addressing Rule 502
on Monday, April 30, 2012.
3.Should a mutually agreeable revision or set of revisions to Rule 502 be
identified, Staff agrees it will support the CenturyLink Companies in obtaining an interim
exemption from the current provisions of Rule 502 that would be consistent with the
agreed revision(s).
DECISION ON CENTURYLINK PETITION FOR EXEMPTION
Based on the foregoing, CenturyLmk respectfully requests that the Commission
withhold making a decision on its Petition for Exemption until after the workshop
contemplated for April 30, 2012 takes place and the Companies determine whether
adequate interim relief may be obtained through the process described above
CENTURYLINK MOTION RE PROCEDURAL SCHEDULE
-3-
Submitted this of April, 2012
Respectfully submitted,
Mary S. Ho Yon (ISB. No.
999 Main. Suite 1103
Boise, ID 83702
Lisa A. Anderl
Associate General Counsel
1600 7th Avenue, Room 1506
Seattle, WA 98191
Attorneys for the CenturyLink Companies