20030925Notice of Intent to Adopt FCC Presumption.pdf

Office of the Secretary
Service Date
September 25, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IPUC RESPONSE TO
FCC ORDER ON REVIEW OF SECTION 251
UNBUNDLING OBLIGATIONS OF
INCUMBENT LOCAL EXCHANGE
CARRIERS (CC DOCKET NO. 01-338)
NINETY-DAY REVIEW OF SWITCHING ON HIGH CAPACITY LOOPS
CASE NO. GNR-03-
NOTICE OF INTENT TO ADOPT
FCC PRESUMPTION OF NON-
IMP AIRMENT
YOU ARE HEREBY NOTIFIED that, 9n June 17 2003, this Commission opened
two dockets, Case No. GNR-03-22 (90-day review) and Case No. GNR-03-23 (Nine-Month
Review on Economic and Operational Impairment Regarding Access to Specific UNES)
response to the Federal Communication Commission s recently adopted order clarifying network
unbundling obligations for incumbent local exchange carriers (ILECs). The FCC Order
commonly referred to as the Triennial Review Order, 1 requires, in part, that state utility
commissions take an active part in determining whether or not competitive carriers ' ability to
provide services are impaired by not having access to particular network elements of ILECs.
The FCC also established deadlines for the states to make certain determinations.
YOU ARE FURTHER NOTIFIED that, in this proceeding, the Commission is
addressing the FCC's presumption that a competing carrier s ability to provide services is not
impaired without access to switching on high capacity loops. Based on its presumption, the FCC
concluded that switching for business customers served by high capacity loops such as DS-
(and above) need not be made available to competitive carriers as an unbundled network
element.
YOU ARE FURTHER NOTIFIED that the FCC provided states an opportunity to
determine whether its presumption of non-impairment is valid in each state. The FCC allowed
1 Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers; Implementation of the
Local Competition Provisions of the Telecommunications Act of 1996; Deployment of Wireline Services Offering
Advanced Telecommunications Capability, CC Docket Nos. 01-338, 98-147, 96-, Report and Order and Further
Notice of Proposed Rulemaking, FCC 03-36 (reI. Aug 21, 2003) (Triennial Review Order).
NOTICE OF INTENT TO ADOPT FCC
PRESUMPTION OF NON-IMPAIRMENT
only 90 days from the effective date of the Triennial Review Order - until December 30, 2003 -
to rebut its presumption of non-impairment? The FCC also delegates to the states the authority
to conduct ongoing reviews, to be completed within six months of the filing of a petition for such
review.
YOU ARE FURTHER NOTIFIED that this Commission, absent evidence of
impairment presented by Idaho CLECs, intends to accept the presumption adopted by the FCC
that is, that competitive carriers' ability to provide services in Idaho is not impaired without
access to the ILEC's local circuit switching on high capacity loops such as DS-l and above.
YOU ARE FURTHER NOTIFIED that any interested party that intends to present
evidence challenging the FCC's findings of non-impairment must file a notice with the
Commission no later than Friday, October 10, 2003. Notices should contain a brief statement of
reasons why the party is impaired and the specific locations where impairment is taking place
and provide a proposed procedural schedule, including hearing dates, for the Commission to
receive the evidence and make a determination within the time provided by the FCc. Notices
can be filed with the Commission Secretary at:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, ID 83702-5983
If no notices are filed, the Commission will notify the FCC that its presumption of non-
impairment is valid for CLECs in Idaho.
47 C.R. pt. 51.319(d)(5)(i).
47 c.F.R. pt. 51.319(d)(5)(ii).
4 Most DS-l Customers are typically medium or large business customers with high demand for a variety of
sophisticated telecommunications services that use loops with DS 1 capacity and above.
NOTICE OF INTENT TO ADOPT FCC
PRESUMPTION OF NON-IMPAIRMENT
Dated at Boise, Idaho this ;J...5".rJ-- day of September 2003.
ATTEST:
N:GNRT0322 ws
NOTICE OF INTENT TO ADOPT FCC
PRESUMPTION OF NON-IMPAIRMENT
MARSHA H. SMITH, COMMISSIONER