20040316Comments.pdf

WELDON B. STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3283
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
INLAND TELEPHONE COMPANY FOR
SUSPENSION OF NUMBER PORTABILITY
REQUIREMENTS.
COMMENTS OF THE
COMMISSION STAFF
CASE NO. INL-O4-
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Weldon B. Stutzman, Deputy Attorney General, in response to Order No.
29431 , the Notice of Petition and Notice of Modified Procedure in Case No. INL-04-1 issued on
February 24, 2004, and submits the following comments.
BACKGROUND
Section 251(b) of the federal Telecommunications Act requires all local exchange carriers to
provide number portability to the extent technically feasible and in accordance with requirements
prescribed by the Federal Communications Commission. In an order issued November 10, 2003
the FCC requires that incumbent LECs in areas outside the largest 100 metropolitan areas
implement number portability no later than May 24, 2004. Section 251 (f)(2) allows local exchange
carriers with fewer than 2% of the nations subscriber lines to petition a state commission for
suspension or modification of the requirements of Section 251 (b).
STAFF COMMENTS MARCH 16, 2004
On February 11 , 2004, a Petition was filed by Inland Telephone Company requesting
suspension until December 31 , 2005 , of the requirement that it provide number portability from
wireline to wireless carriers. The Petition states that Inland will need to upgrade its switch at a cost
of approximately $400 000 in order to provide local number portability. Inland states suspending
its number portability obligation will not adversely affect customers because it has not received a
single number porting request and does not anticipate a significant demand in the foreseeable future.
STAFF ANALYSIS
As mentioned in the Inland petition, Section 251(f)(2) of the Telecommunications Act of
1996 provides small carriers the opportunity to petition a state commission for suspension of local
number portability requirements. According to its Application, it is technically infeasible for
Inland's Mitel switches to provide LNP. Inland has already been granted an extension by the
Washington Utilities and Transportation Commission to allow the company time to replace its Mitel
switches in Roslyn, Dewatto, Prescott, and Uniontown and now seeks an extension in Idaho to
replace its Mitel switches in Leon and Lenore. Staff agrees with Inland's assertion that granting an
extension in Idaho is in the public interest and would allow Inland to avoid adverse economic
impact by coordinating a switch replacement schedule.
Staff believes that Inland is making a reasonable effort to comply with the LNP
requirements by upgrading its central office switches and further believes Inland's petition provides
an adequate reason to suspend its obligations to comply with the FCC's number portability
requirements until December 31 , 2005.
STAFF RECOMMENDATION
Staff recommends that Inland Telephone Company s petition for temporary suspension
of local number portability obligations be granted until December 31 , 2005.
Respectfully submitted this 1 day of March 2004.
l~-
Weldon B. Stutzman
Deputy Attorney General
Technical Staff: Doug Cooley
WS:DC:uumisc/comments/inltO4.1 wsdc
STAFF COMMENTS MARCH 16, 2004
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 16TH DAY OF MARCH 2004
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. INL-04-, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO
THE FOLLOWING:
CONLEY WARD
GNENS PURLSEY LLP
PO BOX 2720
BOISE ID 83701
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SECRET AR
CERTIFICATE OF SERVICE