19990608Order No 28056.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE PETITION OF, CENTURYTEL OF THE GEM STATE, INC. FOR LIMITED SUSPENSION OF ITS 47 U.S.C. § 251(B)(3) OBLIGATION TO IMPLEMENT INTRASTATE, INTRALATA DIALING PARITY FOR EIGHTY-EIGHT (88) LINES IN THE GRAEMERE, IDAHO.
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CASE NO. CGS-T-99-2

ORDER NO.  28056
On April 22, 1999, pursuant to 47 U.S.C. §251(f)(2), CenturyTel of the Gem State, Inc. filed a Petition requesting a limited suspension of its dialing parity obligations imposed by 47 U.S.C. § 251(b)(3) for eighty-eight (88) access lines in its Grasmere-Riddle, Idaho exchange. On May 4, 1999, the Commission ordered the Petition be considered on Modified Procedure. Order No. 28030.
On May 25, 1999, Staff filed comments recommended approval of the Petition. No other party filed comments.
Based on the record, the Petition, the comments and the law, the Commission grants the Petition.
BACKGROUND
Toll dialing parity, also referred to as “1 plus equal access” or carrier presubscription, allows a customer to pre-select a carrier for intrastate, intraLATA toll calls and then access his chosen carrier simply by dialing 1 plus the telephone number. Without dialing parity, a customer wishing to use a specific toll carrier may be required to dial a series of numbers before dialing the telephone number.
Section 251(b)(3) of the Telecommunications Act of 1996 requires all LECs to provide dialing parity. By order dated March 23, 1999, in FCC Docket No. 96-98, the FCC requires all LECs to file their dialing parity plans with state commissions by April 22, 1999. Upon petition by a local exchange carrier with fewer than two percent (2%) of the Nation's subscriber lines installed in the aggregate nationwide, the Commission may suspend or modify any of the obligations of Section 251(b), provided the Commission determines that such suspension or modification is necessary to:

avoid a significant adverse economic impact on users of telecommunications services generally;

avoid imposing a requirement that is unduly economically burdensome; or

avoid imposing a requirement that is technically infeasible; and

be consistent with the public interest, convenience, and necessity.

47 U.S.C. § 251(f)(2). The Commission must act upon the petition within one-hundred eighty (180) days after receiving the petition. Id.
CenturyTel has fewer than two percent (2%) of the Nation's subscriber lines installed in the aggregate nationwide.
CENTURYTEL’S PETITION
In its Petition, CenturyTel states that these access lines are served out of CenturyTel’s DCO switch located in Owyhee, Nevada, and the switch is currently technically incapable of providing dialing parity. It further states that a new remote switch served through new fiber optic cable located in Grandview, Idaho, is scheduled to be installed by the end of the second quarter of the year 2000. Cost estimates submitted to the Nevada Commission are approximately $2.5 million for the project. Until then, CenturyTel states it cannot offer dialing parity to those eighty-eight (88) access lines. In addition, CenturyTel states it must obtain rights-of-way and permits from the Shoshone-Paiute Nation and the Army Corps of Engineers for routing through a federally protected area. CenturyTel states that with these upgrades, intraLATA dialing parity will be made available to the eighty-eight (88) access lines CenturyTel has in its Grasmere-Riddle, Idaho exchange.
Therefore, CenturyTel alleges that it is in the public interest to suspend its dialing parity obligations imposed by 47 U.S.C. § 251(b)(3) until the third quarter of the year 2000. CenturyTel filed a timely dialing parity plan as required by the Federal Communications Commission (FCC) order dated March 23, 1999, in FCC Docket No. 96-98, that requires all Local Exchange Carriers (LECs) to file their dialing parity plans with state commissions by April 22, 1999.
STAFF RECOMMENDATION
Staff reviewed the Petition and consulted with the Nevada Commission regarding this matter. Based on its review, Staff recommended the Commission grant the Petition and order the intraLATA toll dialing parity obligations be suspended until September 30, 2000. Staff agreed with CenturyTel that intraLATA toll dialing parity for those CenturyTel customers served out of CenturyTels Owyhee central office is technically infeasible at this time and suspension is consistent with the public interest, convenience, and necessity. Therefore, Staff found that CenturyTel met the criteria for eligibility for a suspension under 47 U.S.C. § 251(f)(2)(iii) and recommended granting the suspension.
FINDINGS
The Commission finds it has the authority to grant the Petition pursuant to Idaho Code § 62615 and 47 U.S.C. § 251(f)(2)(iii). The Commission further finds that intraLATA toll dialing parity for those CenturyTel customers served out of CenturyTels Owyhee central office is technically infeasible at this time and suspension of the dialing parity obligations is consistent with the public interest, convenience, and necessity. Therefore, the Commission finds that CenturyTel meets the criteria for eligibility for a suspension under 47 U.S.C. § 251(f)(2)(iii) and recommends granting the suspension.
O R D E R
IT IS HEREBY ORDERED that the Petition of CenturyTel of the Gem State, Inc. for suspension of its dialing parity obligations until September 30, 2000 is granted.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. CGS-T-99-2 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case No. CGS-T-99-2. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code  61626.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of June 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:cgst992_cc2.doc

ORDER NO. 28056 1

Office of the Secretary
Service Date
June 8, 1999