20110328AT&T Communications of the Mountain States, Inc.pdf

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION lr~C
lOll 1211//:/f4/r "'028 p.
'I i.v.38CASE NO. GNR- T -11-01
IN THE MATTER OF AN INVESTIGATION)
OF AN APPROPRITE CERTIFICATION )
PROCESS FOR TELECOMMUNICATIONS)
COMPANIES THAT DO NOT PROVIDE )
BASIC LOCAL EXCHAGE SERVICE )
)
)
COMMENTS OF AT&T
COMMUNICATIONS OF THE
MOUNTAIN STATES, INC.
AT&T Communications of the Mountain States, Inc., on behalf of itself and its affliates,
("AT&T") hereby fies its comments in the above-captioned proceeding. Although the Idaho
Public Utilties Commission ("Commission") has not contacted AT&T to revoke a Certificate of
Public Convenience and Necessity ("CPCN"), AT&T has followed with interest the
Commission's Order No. 32059 in Case No. TIM-T-08-01.
It is AT&T's position that a CPCN is not the solution for providers that do not offer basic
local service as defined in Idaho Code §62-603(1).1 Instead, AT&T suggests the Commission
should have a registration process for providers of service that do not meet the defition of basic
local service, such as a wholesale company providing telecommuncations service. To register,.
a company would need to provide basic information, such as that already required in Idaho Code
§62-604(1)(b) (name, address, description of telecommunications services offered and the area served).
The Commission would then issue the company a registration number. While AT&T does not
believe a CPCN or a registration number is required to obtain telephone numbers or an
interconnection agreement, a simple registration number will likely faciltate the process.
i Basic local exchange service is defined as "the provision of access lines to residential and small business
customers with the associated transmission of two-way interactive switched voice communication within
a local exchange callng area".
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Numbering Resources:
AT&T believes that this registration process and the issuace of a registration number
would facilitate the process for companies that do not meet Idaho's definition of a basic local
exchange service provider to obtain telephone numbers. The applicable Federal
Communications Commission ("FCC") regulation for obtaining number resources provides:
Applications for initial number resources shall include evidence that (i) the applicant is
authorized to provide service in the area for which the numbering resources are being
requested; and (ii) the applicant is or wil be capable of providing service within sixty
days of the number resources activation date.2
While AT&T believes that in Idaho a provider that is a telephone corporation, but does
not meet the definition of a provider of basic local exchange service, should be able to point to
Idaho Code §62-604(1) to demonstrate that the applicant is authorized to provide service in an area, the
issuance of a registration number by the Commission would likely expedite the process. In
addition, this would provide evidence to Neusta, which oversees the allocation of numbering
resources, that the provider is authorized to provide service in an area. Furher, it would conform
with Neusta's PAS User Guide which provides:
If the request (to obtain numbers) is specified as initial, evidence oflicense or
certification to provide service in the area and evidence of facilties readiness within 60
days of the block activation date is required. 3
A telephone corporation that receives numbering resources shall be subject to all of the
FCC's numbering requirements which are contained in Par 52 of the FCC's rules. Furer, the
Commission should have all of the rights and responsibilities arising from that same section.
247 CFR 52. 15(g)(2)
3 Neustar PAS User Guide, page 109.
2
Interconnection Agreements:
While AT&T does not believe that a CPCN or registration number is required from the
Idaho Commission to obtan an interconnection agreement, providing a registration number for
those telephone corporations that do not provide basic local exchange service would facilitate the
process. The FCC previously addressed the issue regarding interconnection rights for wholesale
telecommunications providers in response to a petition for declaratory ruling filed by Time
Warer Cable ("TWC") requesting that the FCC declare that wholesale telecommunications
cariers are entitled to interconnect and exchange traffc with incumbent local exchange carers
("ILECs") when providing services to other service providers, including VoIP service providers
pursuant to sections 25l(a) and (b) of the Communications Act of 1934, as amended (the
"Act,,).4 The FCC granted TWC's Petition finding that wholesale providers of
telecommunications services are telecommunications cariers for the purose of section 251 (a)
and (b) of the Act, and are entitled to the rights of telecommuncations carers under that
provision.5 The rationale provided by the FCC was that the Act does not differentiate between
retail and wholesale services when defining "telecommunications carier" and therefore
"providers of wholesale telecommunications services enjoy the same rights as any
'telecommunications carier' under those provisions of the Act.,,6 The FCC found that the
4 See Petition of
Time Warner Cable for Declaratory Ruling that Competitive Local Exchange Carriers
May Obtain Interconnection under Section 251 of the Communications Act of 1934, as Amended, to
Provide Wholesale Telecommunications Services to VoIP Providers, we Docket No. 06-55 (fied Mar. 1,
2006) ("Petition"); 47 u.s.e. §251; Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56
(1996) (1996 Act or the Act).
5 See In the Matter of Time Warner Cable Requestfor Declaratory Ruling that Competitive Local
Exchange Carriers May Obtain Interconnection Under Section 251 of the Communications Act of 1934,
as Amended, to Provide Wholesale Telecommunications Services to VoIP Providers, Memorandum
Opinion and Order, we Docket No. 06-55, DA 07-709 (reI. March 1,2007).
6 Id, para. 9.
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statutory classification of the end-user, and the classification ofVoIP is not dispositive of the
wholesale carier's rights under section 251.
Conclusion:
F or the foregoing reasons, AT&T believes that a simple registration process and the
Commission issuace of a registration number would facilitate the ability of providers that do not
provide basic local exchange service to receive telephone numbers and interconnection
agreements.
Respectfuly submitted:
,PLLC
omeys for AT&T Communcations of
the Mountain States, Inc.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 28th day of March, 2011, I caused a tre and correct copy of
the foregoing COMMENTS OF AT&T COMMUNICATIONS OF THE MOUNTAIN
STATES, INC., to be served by the method indicated below, and addressed to the following:
Jean Jewell
Idaho Public Utilties Commission
472 West Washington Street
Boise, Idaho 83702
( ) U.S. Mail, Postage Prepaid
(x ) Hand Delivered
( ) Overnght Mail
( ) Facsimile
( ) Electronic Mail
Weldon Stutzman
Idaho Public Utilties Commission
472 West Washington Street
Boise ID 83702
( ) U.S. Mail, Postage Prepaid
(x) Hand Delivered
( ) Overnight Mail
( ) Facsimile
( ) Electronic Mail
signe~/\\ Gl\1t)
Nina M. Curis
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