20031120Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:WELDON STUTZMAN
DATE:NOVEMBER 20, 2003
SUBJECT:CASE NO. GNR- T -03-
THE 90-DA Y REVIEW OF SWITCHING ON IDGH CAPACITY LOOPS
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
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-, if
not available as a UNE from an ILEC, would impair the ability of other carriers to provide
services." 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 recommends the Commission issue a Minute Order to close this docket
and accept the presumption adopted by the FCC.
DECISION MEMORANDUM
Commission Decision
Should the Commission issue a Minute Order to close this docket and accept the
FCC's presumption that a CLEC's ability to provide services is not impaired if it does not have
access to switching on high capacity loops?
Weldon B. Stutzman
bls/M:GNRTO322 ws
DECISION MEMORANDUM