CC98-221_dh2.doc

Magalie R. Salas, Esq.
Secretary
Federal Communications Commission
445 12th Street S.W.
Washington, DC 20554

RE: Notice of Ex Parte Presentation in CC Docket No. 98-221

Dear Secretary Salas:

Pursuant to 47 C.F.R. § 1.1206(a)(3), the Staff of the Idaho Public Utilities Commission (IPUC) provides this notice of an ex parte presentation. During a brief telephone conversation on July 6, 2001, the IPUC responded to inquiries from the Commission Staff regarding the IPUC’s Petition for a Declaratory Ruling in CC Docket No. 98-221. The Commission Staff inquired about the continued relevance of the IPUC’s Petition in this matter given the passage of time since the Petition was first filed. The IPUC continues to believe that the Commission should declare that CTC Telecom, Inc., be treated as an incumbent LEC pursuant to Section 251(h)(2) of the Telecommunications Act of 1996. Although the IPUC petitioned the Commission to provide for the treatment of CTC and all similarly situated LECs by rule, the IPUC also recognizes that the Commission may issue an Order declaring that only CTC should be treated as an incumbent LEC pursuant to 47 C.F.R. § 51.223(b).

At the time that the IPUC filed its Petition, it had proposed state administrative rules (i.e., regulations) that address the obligations of CTC. These rules were subsequently reviewed and approved by the Idaho Legislature in 1999 and are currently in effect. The rules are codified in the Idaho Administrative Code at IDAPA 31.42.01.401 through .411. These rules adopt interconnection and access standards for facilities-based LECs that provide local exchange service in a geographic area unserved by any other facilities-based carrier. The IPUC Rules also permit any facilities-based competitor to petition the IPUC for an exemption from these rules. No Idaho LEC has requested such an exemption from the state rules. See Rules 401.01, 404 and 410, IDAPA 31.42.01.401.01, -.404 and -.410.

Finally, the Commission Staff inquired about the status of TCI Cable service in the geographic area in question. TCI Cable was acquired by AT&T and subsequently conveyed to Cable One. It is the IPUC Staff’s understanding that Cable One has no intention to deliver telecommunication services to the geographic area that is the subject of this Petition.

Respectfully Submitted this 9th day of July 2001.

Donald L. Howell, II
Deputy Attorney General

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