20031104Order No 29375 Procedural Schedule.pdf

Office of the Secretary
Service Date
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
November 4, 2003
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)
NINE-MONTH REVIEW OF ECONOMIC
AND OPERATIONAL IMPAIRMENT
REGARDING ACCESS TO SPECIFIC UNES
CASE NO. GNR- T -03-
ORDER ESTABLISHING
PROCEDURAL SCHEDULE
INCLUDING INFORMAL BATCH
HOT CUT PROCESS
ORDER NO. 29375
On June 17 2003 , the Commission issued a Notice of State Proceeding and Notice of
Right to Intervene in this case to initiate a process for the Commission s response to the Federal
Communication Commission s Triennial Review Order. The Notice informed parties that the
Commission opened this docket to review, based on the criteria established by the FCC in its
order, whether economic and operational impairment exists in particular markets in Idaho
competitive local exchange carriers (CLECs) do not have access to certain unbundled network
elements (UNEs). The FCC provided for completion of the review it requested no later than nine
months from the date of its order. The Commission issues this Order to adopt a procedural
schedule for completing the review within the timeframe allotted by the FCC.
In its Triennial Review Order, the FCC found "on a national basis, that competing
carners are impaired without access to unbundled local circuit switching for mass market
customers." Triennial Review Order ~ 459. The FCC accordingly asked state Commissions "
take specific actions designed to alleviate impairment in markets over which they exercise
jurisdiction.Triennial Review Order ~ 460. The FCC also recognized that "a more granular
analysis may reveal that a particular market is not subject to impairment in the absence of
unbundled local circuit switching.Triennial Review Order ~ 461. The FCC identified two
triggers that state Commissions must apply in determining whether CLECs are impaired in a
given market. Given the national presumption adopted by the FCC, the parties should
prepared to identify the findings of impairment in the FCC order that are not valid for Idaho and
ORDER ESTABLISHING PROCEDURAL SCHEDULE
INCLUDING INFORMAL BATCH HOT CUT PROCESSORDER NO. 29375
how other aspects of the order, including but not limited to the batch hot cut process, SGAT
revisions and interconnection agreement amendments, should be implemented. In addition, the
parties should identify the markets in Idaho where the national findings of impairment are invalid
because the triggers are satisfied or no impairment exists because, for example, competitive local
exchange carriers have switches to form the basis for a finding of no impairment.
The Commission adopts the following dates to complete the discovery and hearing
process:
Last date for filing initial discovery requests
Responses due to initial discovery requests
Prefiling of direct testimony by all parties
Final filing date for discovery on prefiled
testimony
Response to discovery on testimony
Direct filing of rebuttal testimony
Last filing date for discovery on rebuttal
testimony
Response date for discovery on rebuttal
testimony
Filing of prehearing memorandum
Hearing
November 24, 2003
December 19 2003
January 19, 2004
February 17, 2004
March 15 2004
March 29 2004
April12, 2004
April 26, 2004
May 10, 2004
May 24-, 2004
INFORMAL PROCEEDING FOR BATCH HOT CUT PROCESS
On October 31 , 2003, a Joint Motion for Adoption of Batch Cut Forum was filed by
Qwest Corporation, AT&T of the Mountain States, Inc. and WorldCom, Inc. The Motion states
that the parties jointly propose a process and framework for addressing the batch hot cut
requirements of the Triennial Review Order. The Motion sets forth a specific schedule for the
parties to attempt to reach agreement on a batch hot cut process and to submit testimony for
issues on which the parties are unable to agree to the Commission. The Joint Motion asked the
Commission to issue a notice that the Commission endorses the multi-state forum proposed by
the Motion, and adopts the schedule and procedure requirements. The Commission has
determined to approve the informal batch hot cut proposal outlined by the parties in their Joint
Motion and to adopt the following procedural schedule for the batch hot cut forum:
ORDER ESTABLISHING PROCEDURAL SCHEDULE
INCLUDING INFORMAL BATCH HOT CUT PROCESSORDER NO. 29375
Qwest submits batch hot cut proposal November 11 , 2003
CLECs submit comments/counter proposals November 18 2003
to Qwest's proposal
Initial meeting in Denver, CO
Weekly conference calls and face-to-face
meetings if necessary in Seattle, W A and
Phoenix, AZ
Simultaneous filing of direct testimony on
impasse issues and filing of stipulation on
areas of agreement
Simultaneous filing for rebuttal testimony
December 1-2003
December 4 2003 - January 15 2004
January 20 2004
February 15, 2004
All batch hot cut process issues not resolved by the informal proceeding will be heard
by the Commission at its hearing on May 24-, 2004.
ORDER
IT IS HEREBY ORDERED that the Commission adopts the above procedural
schedules for completion of discovery and a hearing in this case.
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this J./~
day of November 2003.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
mISSIOn Secretary
vld/O:GNRT0323 ws
ORDER ESTABLISHING PROCEDURAL SCHEDULE
INCLUDING INFORMAL BATCH HOT CUT PROCESSORDER NO. 29375