20081212notice_of_petition_order_no_30702.pdf

Office of the Secretary
Service Date
December 12 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION
REGARDING THE QUALITY OF LOCAL
TELEPHONE SERVICE IN AND TO THE
PEARL, IDAHO AREA NOTICE OF PETITION
CASE NO. GNR-08-
NOTICE OF
INTERVENTION DEADLINE
ORDER NO. 30702
The Commission has received a Petition from 24 residents in the Pearl, Idaho area
seeking communication services. More specifically, the Petition asks that the Commission grant
Albion Telephone Company (ATC Communications or Albion) permission to provide
communication services to existing residents and future residents in this area." The Pearl area is
generally located in Gem County east of State Highway 16 and Emmett, northeast of Eagle, and
southwest of Montour. It appears that most of the residents in the area are located adjacent to
Pearl Road and West Chaparral Road. They have Eagle, Idaho mailing addresses.
The Commission Staff reports that the Pearl area is located within Qwest
Corporation s service territory. Qwest's Emmett exchange area is to the west and its Eagle
exchange area is to the south. Frontier Communications (formerly known as Citizens) has a
service area about 2.5 miles to the northeast. The Commission understands that both Qwest and
Albion have performed studies or evaluated ways to provide or improve local service to the Pearl
area.
BACKGROUND
As quoted above, the Petition requests that the Commission grant Albion permission
to serve this area. However, Albion needs no authority from the Commission to serve this area.
Congress enacted the federal Telecommunications Act of 1996 to promote competition in all
telecommunications service markets, including local exchange services.The federal Act
preempts any state or local laws that prohibit competition in intrastate telecommunications
services. 47 D.C. ~ 253(a); see also Idaho Code ~ 61-615 (repealed 1997, Sess. Laws, ch. 192
1 Pub.L. No. 104-104, 110 Stat. 56 (1996) (codified in scattered sections at 47 US.C. 99251 et seq.
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ORDER NO. 30702
~ 5). Consequently, there is no legal barrier preventing Albion or other communications carriers
from offering service in the Pearl area
In addition to telecommunications carriers building their own networks to provide
service, Congress sought to facilitate competition in two additional ways. First, incumbent local
exchange carriers must make their telecommunications services available at wholesale prices so
that competitors can resell such services.Second, existing local carriers have a duty to
interconnect their networks with the facilities of other carriers. 47 US.C. ~ 251.
In 2005, the Idaho Legislature amended Idaho Code ~ 62-605 so that Idaho
incumbent local exchange carriers (ILECs) may elect to have their telecommunications services
removed" from the Commission s Title 61 rate setting authority. Instead, these services would
be subject to regulation under Title 62. Idaho Code ~ 62-605(1) and (5). In July 2005 , Qwest
filed a Notice of Election to remove its telecommunications services from price regulation. Case
Nos. QWE-05-12/13. For telecommunications services subject to Title 62, the Commission
retains authority to determine the non-economic requirements related to service quality, price
lists, billing practices, and customer relations rules.Idaho Code ~ 62-622(2) and (5).
addition Idaho Code ~ 62-616 provides that the Commission may investigate and resolve
customer complaints concerning the quality of local exchange service.
DISCUSSION
Based upon the information set out above, there appears to have been several efforts
to determine how best to provide or improve telecommunications service to the Pearl area. It is
our understanding that both Qwest and Albion have examined this issue. The Commission, on
its own Motion, initiates this docket to examine this issue and the quality of existing local
exchange service in the Pearl area. Qwest and Albion shall file individual reports regarding the
current configuration of facilities and the need for telecommunications services in this area. The
report shall also include any line extension or feasibility cost studies to extend or improve
service to the Pearl area. The report should also discuss construction costs, alternative cost
2 In October 2002, the Commission granted Big Sky Telecom s Application to provide facilities-based and resold
local exchange services to the community of Pearl. See Order Nos. 29129 and 29105. The Commission noted in
Order No. 29129 that the "Staff, Qwest and other wireline companies have spent many hours trying to find an
economical way of providing service to (the Pearl) area with no success to date. Staff believes that Big Sky'
wireless solution may be a means to achieve that goal." Order No. 29129 at 2.
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ORDER NO. 30702
recovery methods, and other issues the carriers believe should be brought to the Commission
attention.
To process this case in an orderly manner, the Commission directs the Commission
Staff to convene an informal prehearing conference. At the prehearing conference, the
Petitioners should be prepared to describe in greater detail their complaint(s) and concerns about
the quality of local service and whether they have designated a spokesperson (or retained
counsel). The parties will also decide the timing of the reports and whether to add further topics
to the reports.
DEADLINE FOR INTERVENTION
YOU ARE HEREBY NOTIFIED that persons desiring to intervene in this matter
for the purpose of presenting evidence or cross-examining witnesses 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 in this proceeding as parties
must file a Petition to Intervene no later than 14 days from the service date of this Order.
Persons seeking intervenor status shall also provide the Commission Secretary with their
electronic mail address to facilitate further communications in this matter.
YOU ARE FURTHER NOTIFIED that persons desiring to present their VIews
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 for purposes of administrative efficiency, the
Commission designates both Qwest and Albion as parties to this case.We invite other
telecommunication entities with the potential of serving the Pearl area to participate in this
proceeding.The Commission is interested in exploring all alternatives to providing local
exchange service in and to this area.
YOU ARE FURTHER NOTIFIED that once the deadline for intervention has passed
the Commission Secretary shall issue a Notice of Parties.
YOU ARE FURTHER NOTIFIED that after the Notice of Parties is issued, the
Commission anticipates that the parties will informally convene to devise a recommended
schedule to process this case. Once the schedule is developed, the Commission will issue
subsequent notices or orders. In addition to the schedule, the parties may discuss discovery
logistics, electronic service and other scheduling or procedural matters.
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NOTICE OF INTERVENTION DEADLINE
ORDER NO. 30702
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Title 61 and Title 62 of the Idaho Code and specifically Idaho Code ~~ 62-
615(1) and 62-616. The Commission may enter any final Order consistent with its authority
under Title 61 or Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAP A 31.01.01.000 et seq.
ORDER
IT IS THEREFORE ORDERED that the Commission on its own Motion initiates this
proceeding to examine the Petition regarding the quality of telecommunication services to the
Pearl area.
IT IS FURTHER ORDERED that Qwest Corporation and Albion Telephone
Company are designated as parties to this proceeding. As set out above , other interested persons
may petition to intervene.
IT IS FURTHER ORDERED that the Commission Secretary serve a copy of this
Notice to the list of Petitioners.
IT IS FURTHER ORDERED that after the Notice of Parties is issued, the Staff shall
convene an informal prehearing conference with the parties to discuss the processing of this case
and other issues.
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NOTICE OF INTERVENTION DEADLINE
ORDER NO. 30702
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this / J.
of
day of December 2008.
MARSHA H. SMITH, COMMISSIONER
J1 D. MPTON,CO - ISSIONER
ATTEST:
~~ll
Commission Secretary
bls/O:GNR-08-04
NOTICE OF PETITION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 30702