20031202Minute Entry.pdf

Office ofthe Secretary
Service Date
December 2, 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)
90-DA Y REVIEW OF SWITCHING ON HIGHCAPACITY LOOPS CASE NO. GNR- T -03-
MINUTE ENTRY
On June 17, 2003 , the Commission issued a Notice of Proceeding and Notice of
Right to Intervene to open two cases in response to the Federal Communications Commission
(FCC) Triennial Review Order. Case No. GNR-03-22 was opened "to review within 90-days
whether the FCC determination that access to switching for high capacity loops such as DS-
not available as a UNE from an ILEC, would impair the ability of other carriers to provide
services.At the December 2003 decision meeting, the Commission Staff presented a
decision memorandum regarding the 90-day review of switching on high capacity loops.
On September 25, 2003 , the Commission issued a Notice of Intent to Adopt FCC
Presumption of Non-Impairment in the 90-day proceeding. The Notice informed interested
parties that the FCC adopted a presumption that a competing carrier s ability to provide services
is not impaired without access to switching on high capacity loops. The Notice also informed
parties that the Commission, absent evidence of impairment presented by Idaho CLECs, would
accept the presumption adopted by the FCC. The Notice required interested parties to notify the
Commission no later than Friday, October 10, 2003, if they intended to present evidence
challenging the FCC's presumption of non-impairment. No one notified the Commission that it
intended to present evidence to challenge the FCC's presumption.
Because no one indicated an interest in challenging the FCC's presumption that a
competing carrier s ability to provide services is not impaired without access to switching on
high capacity loops, Staff recommended the Commission issue a Minute Order to close this
docket and accept the presumption adopted by the FCC.
We find that it is reasonable to close this docket and accept the presumption adopted
by the FCc.
MINUTE ENTRY
DATED at Boise, Idaho this
ATTEST:
bls/O:GNRT0322 ws me
MINUTE ENTRY
:L~day of December 2003.
~~- ~~
MARSHA H. SMITH, COMMISSIONER
MISSIONER