20130703notice_of_application_order_no_32844.pdf

Office of the Secretary
Service Date
July 3,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT )
PETITION OF QWEST CORPORATION )CASE NOS.QWE-T-13-03
DBA CENTURYLINK QC,CENTURYTEL )CEN-T-13-03
OF IDAHO,INC.DBA CENTURYLINK AND )CGS-T-13-03
CENTURYTEL OF THE GEM STATE,INC.)
DBA CENTURYLINK FOR PARTIAL )NOTICE OF APPLICATION
WAIVER OF THE REQUIREMENTS OF )
IPUC ORDER NO.20841 )NOTICE OF
)MODIFIED PROCEDURE
)
_______________________________
)ORDER NO.32844
YOU ARE HEREBY NOTIFIED that on June 7,2013,the Commission received a
Joint Petition from Qwest Corporation dba CenturyLink QC;CenturyTel of Idaho,Inc.dba
CenturyLink;and Centurylel of the Gem State,Inc.dba CenturyLink (collectively
“CenturyLink”)for Partial Waiver of the requirements of Commission Order No.29841.1
Specifically,CenturyLink requests a waiver of the requirement to file the 2013 two-year network
improvement plan in connection with the annual eligible telecommunications carrier (“ETC”)
recertification report due to the Commission on September 1,2013.CenturyLink asserts its
request results from recent actions by the Federal Communications Commission (FCC).
YOU ARE FURTHER NOTIFIED that in 2005,the FCC adopted new ETC
designation and reporting requirements.The FCC is again addressing ETC reporting
requirements in light of revisions to 47 C.F.R.§54.313 to include new broadband obligations
that will be imposed on carriers.Petition at 3.One of the FCC’s requirements is to report on the
carrier’s five-year quality improvement plan for those companies that will be receiving funding
for broadband services.Id.The FCC’s new reporting requirements will require maps detailing
progress toward plan targets,and explanation of how much universal support was received,how
it was used,and an explanation of any network improvement targets that have not been met
during the year.These reports will require detailed information to be provided at the wire center
On March 17,2005,the FCC adopted new rules for designating ETCs In the Matter of the Federal —State Joint
Board on Universal Service,CC Docket No.96-45,20 C.F.R.637 pursuant to 47 U.S.C §214(e)(6).The
Commission adopted the FCC’s new ETC requirements in Order No.29841,with the exception of the alternative
two-year network plan versus the FCC’s five-year plan.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32844 1
or census block level.Id.The FCC,however,has not completed all the steps necessary to
provide a final form for use by ETCs in formulating the new plans,and because the new federal
high cost funding which is aimed specifically at broadband has not been distributed or accepted
by the ETCs,CenturyLink contends companies are not in a position to develop specific plans for
its use.Id.Consequently,the FCC issued an order waiving the five-year plan requirement for
2013.Id.
YOU ARE FURTHER NOTIFIED that CenturyLink believes that the increasingly
complex reporting requirements being adopted by the FCC may mean that creating state-specific
reports that have unique but less rigorous standards for documenting use of the federal funds no
longer fulfill a useful purpose.Id.at 3-4.CenturyLink therefore seeks a waiver of the two-year
plan requirement contained in Order No.29841 in the interest of bringing the Idaho ETC
recertification reports for 2013 in conformance with FCC requirements for this year.
YOU ARE FURTHER NOTIFIED that the Commission believes it is appropriate to
consider whether the waiver requested by CenturyLink,if approved by the Commission,should
apply to all ETCs.Accordingly,the Commission issues this Notice of Application and Notice of
Modified Procedure enabling all interested telecommunications providers to file comments.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER 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 31.01.01.201-204.The Commission notes that Modified Procedure and
written comments have proven to be an effective means for obtaining public input and
participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or in opposition with the Commission within
twenty-one (21)days from the service date of this Notice.The comment must contain a
statement of reasons supporting the comment.
YOU ARE FURTHER NOTIFIED that persons desiring a hearing must specifically
request a hearing in their written comments.Written comments concerning this Application may
be mailed to the Commission and Applicants at the addresses reflected below:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32844 2
Commission Secretary Mary S.Hobson
Idaho Public Utilities Commission 999 Main.Suite 1103
P0 Box 83720 Boise,ID 83702
Boise.Idaho 83720-0074 E-mail:Marv.HohsonàCenturvlink.com
Street Address for Express Mail:Lisa A.Anderl
Associate General Counsel
472 W.Washington Street CenturyLink
Boise.ID 83702-5918 1600 7th Avenue
Seattle,WA 98191
E-mail:Lisa.AnderliCcnturvlink.com
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at www.puc.idaho.gov.Click the Case Comment or Question
Form”under the “Consumers”tab,and complete the comment form using the case number as it
appears on the front of this document.These comments must also be sent to the Applicant at the
c-mail addresses listed above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests 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 Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is also available on the Commission’s web site at
Click on the “File Room”tab at the top of the page,scroll down to “Open
Telephone Cases,”and then click on the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code and specifically
Idaho Code §61-501,61-502,and 61-503.The Commission may enter any final Order
consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 3 1.01.01.000 etseq.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32844
ORDER
IT IS HEREBY ORDERED that this case be processed under Modified Procedure.
Interested persons and the parties may file written comments within 21 days of the service date
of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of July 2013.
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PAUL KJELLANIER.PRESIDENT
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32844 4