20040102Final Order No 29406.pdf

Office of the Secretary
Service Date
January 2, 2004
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). CASE NO. GNR-03-
NINE-MONTH REVIEW OF ECONOMIC AND
OPERATIONAL IMPAIRMENT REGARDING
ACCESS TO SPECIFIC UNES.
ORDER NO. 29406
The Commission opened this case in response to the Federal Communications
Commission s Triennial Review Order. Relevant to this case, the FCC found "on a national
basis, that competing carriers are impaired without access to unbundled local circuit switching
for mass market customers " but 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." FCC Triennial Review Order ,-r,-r 459, 460. The FCC allowed state commissions
nine months to complete a more granular review to determine whether incumbent local exchange
carriers would be required to continue to provide local circuit switching as an unbundled network
element for competitors to serve residential and small business customers. Verizon Northwest
Inc. and Qwest Corporation are the ILECs in Idaho affected by the FCC's order regarding access
to unbundled local circuit switching.
Verizon notified the Commission by letter dated November 14, 2003 , that "it will not
challenge at this time the FCC's presumption of impairment of unbundled mass market
switching, dedicated transport, or unbundled enterprise market loops.The Commission
proceeded with this case to provide Qwest an opportunity to present evidence to refute the
finding made by the FCC. On December 11 , 2003 , Qwest filed a Motion to Postpone Mass
Market Switching case and Close Docket. Qwest's Motion states that, by filing the Motion
Qwest has decided not to seek relief at this time from its current obligation to provide
unbundled switching for mass market customers in Idaho." Qwest asked the Commission to
issue an Order to "close this docket or, alternatively, that the Commission defer indefinitely any
action herein.
ORDER NO. 29406
By letter dated December 16, 2003, the Staff notified all parties of record and
interested parties of Qwest's Motion, and that the Commission s Rules of Procedure provide an
opportunity to respond to a Motion no later than 14 days after it is filed. No one filed an
objection to Qwest's Motion or otherwise responded to Qwest's Motion to Dismiss the Case.
Because both Verizon and Qwest have stated they will not challenge the FCC'
finding of impairment regarding access to unbundled local circuit switching for mass market
customers, the Commission approves Qwest's Motion, and issues this Order to close this case.
Should any other issues arise from the FCC's Triennial Review Order, Staff or other interested
parties can request the Commission open a new docket regarding those issues. .
ORDER
IT IS HEREBY ORDERED that the Motion filed by Qwest Corporation, asking that
this case be closed, is approved, and this case is hereby closed. As a result, it is not necessary for
any person to respond to any outstanding discovery request, and all outstanding subpoenas are
hereby quashed.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case
No. GNR- T -03-23 may petition for reconsideration within twenty-one (21) days of the service
date of this Order with regard to any matter decided in this Order or in interlocutory Orders
previously issued in this Case No. GNR-03-23. Within seven (7) days after any person has
petitioned for reconsideration, any other person may cross-petition for reconsideration. See
Idaho Code ~ 61-626.
ORDER NO. 29406
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3/ c
day of December 2003.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~AJ.
D. Jewell
ommission Secretary
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ORDER NO. 29406