20030617Notice of State Proceeding.pdf

Office of the Secretary
Service Date
June 17 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IPUC RESPONSE TO
FCC ORDER ON REVIEW OF SECTION 251 NOTICE OF STATE
UNBUNDLING OBLIGATIONS OF PROCEEDING
INCUMBENT LOCAL EXCHANGE
CARRIERS (CC DOCKET NO. 01-338)NOTICE OF RIGHT TO
INTERVENE
90-DA Y REVIEW ON SWITCHING ON
HIGH CAPACITY LOOPS CASE NO. GNR-03-
NINE-MONTH REVIEW ON ECONOMIC
AND OPERATIONAL IMPAIRMENT CASE NO. GNR- T -03-
REGARDING ACCESS TO SPECIFIC UNES
YOU ARE HEREBY NOTIFIED that Section 251(c)(3) of the 1996
Telecommunications Act requires telephone companies that are incumbent local exchange
carriers (ILECs) to provide to other telecommunications carriers "non-discriminatory access to
network elements on an unbundled basis at any technically feasible point on rates, terms, and
conditions that are just, reasonable, and non-discriminatory." 47 US.C. ~ 251(c)(3). Paragraph
(d) of Section 251 requires the Federal Telecommunications Commission (FCC) to establish
regulations to implement the access to unbundled network elements (UNE) requirements. In
determining access standards, the FCC is to consider, at a minimum
, "
whether the failure to
provide access to such network elements would impair the ability of the telecommunications
carrier seeking access to provide the services that it seeks to offer." 47 U.C. ~ 251(d)(2)(B).
The FCC recently adopted new rules for network unbundling obligations, which require in part
that state utility commissions take an active part in determining whether access to particular
network elements, if denied, would impair the ability of competitive carriers to provide services.
See Report and Order and Further Notice of Proposed Rulemaking, Order No. FCC 03-, CC
Docket No. 01-338 ("Triennial Review Order ). The Commission has determined to open two
dockets, Case No. GNR-03-22 and Case No. GNR-03-, to obtain information on whether
access to specific UNEs is necessary to enable carriers to provide services to their customers.
YOU ARE FURTHER NOTIFIED that the FCC determined in its Triennial Review
Order that switching for business customers served by high capacity loops such as DS-1 need not
NOTICE OF STATE PROCEEDING
NOTICE OF RIGHT TO INTERVENE
be unbundled, based on the FCC's presumptive finding that a competing carrier s ability to
provide services is not impaired without access to switching on high capacity loops. The FCC
provided for the states to determine within 90 days whether its presumption of no impairment is
appropriate for the telecommunications market in the particular state. The Commission
accordingly opens Case No. GNR-03-22 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.
YOU ARE FURTHER NOTIFIED that the FCC determined in its Triennial Review
Order that states should apply specific criteria established by the FCC to determine whether
economic and operational impairment exist regarding (i) switching for mass market customers
(ii) access to DS-, DS-3 and dark fiber, and (iii) enhanced extended loops (EELs). The FCC
required such state proceedings to be completed within nine months. The Commission
accordingly opens Case No. GNR-03-23 for the purposes of reviewing, based on the criteria
established by the FCC in its Triennial Review Order, whether economic and operational
impairment exists in particular markets in Idaho. The Commission intends to conclude Case
No. GNR-03-23 within nine months.
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in either Case
No. GNR-03-22 or Case No. GNR-03-23 for the purpose of presenting evidence or cross-
examining witnesses at hearing must file a Petition to Intervene with the Commission pursuant to
this Commission s Rules of Procedure 72 and 73, IDAPA 31.01.01.072 and -073. Persons
intending to participate at a hearing must file a Petition to Intervene on or before June 27 2003.
Please specify in the Petition whether intervention is sought in Case No. GNR-03-22 (the 90-
day review) or Case No. GNR-02-23 (the nine-month review), or both. Persons desiring to
present written comments without parties' rights of participation and cross-examination are not
required to intervene and may present their comments without prior notification to the
Commission or the parties.
YOU ARE FURTHER NOTIFIED that all hearings will be conducted pursuant to
the Rules of Procedure adopted by the Idaho Public Utilities Commission. IDAPA 31.01.01.000
et seq.
NOTICE OF STATE PROCEEDING
NOTICE OF RIGHT TO INTERVENE
DATED at Boise, Idaho this /1fA day of June 2003.
ATTEST:
~ll
Commission Secretary
Vld/N:GNRT0322 - GNRTO323 - ws
NOTICE OF STATE PROCEEDING
NOTICE OF RIGHT TO INTERVENE
PAULKJELLl ER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSE , COMMISSIONER