20040407Application.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 S. Capitol Blvd., Suite 1900
Boise, ill 83702-5958
Telephone [phone]
Facsimile [phone]
mshobson~stoel.com
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Adam L. ShelT (WSBA#25291)
Qwest
1600 ih Avenue - Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
adam.shelT~qwest.com
Attorneys for Qwest Communications Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.QCC-APPLICATION FOR AMENDMENT OF
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CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY OF
QWEST COMMUNICATIONS
CORPORATION
APPLICATION FOR AMENDMENT OF
CERTIFICATE OF QWEST
COMMUNICATIONS CORPORATION
On April 24, 2002, Qwest Communications Corporation (QCC), filed an application for a
Certificate of Public Convenience and Necessity (Certificate) for its operations as a local
exchange carrier within the state of Idaho. On September 3, 2002, this Commission issued
Certificate No. 402, granting QCC authority to provide "basic local exchange services within
Verizon Northwest Inc., service area." QCC now seeks to amend its Certificate to provide
local services throughout the state of Idaho, including within the service area of Qwest
Corporation. The facts underlying this Application for amendment are as follows:
APPLICATION FOR AMENDMENT OF CERTIFICATE OF
QWEST COMMUNICATIONS CORPORATION - Page
Boise-168517.3 0029164-00033
QCC and Qwest Corporation, the incumbent local exchange carrier now serving
its certificated area in Idaho, are both wholly-owned subsidiaries of Qwest Service Corporation.
At the time of filing its original application, QCC sought a certificate to provide local exchange
service and vertical features to business and residence customers in the service areas served by
Qwest Corporation and Verizon Northwest, Inc. within the state of Idaho.
When the Commission solicited comments on QCC's original application, the
Commission Staff raised a concern about the possible joint marketing of services creating
confusion between the regulated "basic local exchange service" offered by Qwest Corporation
and the deregulated "basic local exchange service" offered by QCC.
In response to Staffs concern and to expedite the certification of QCC as Qwest
Corporations Section 272 affiliate, on August 12, 2002, QCC voluntarily moved to amend its
application to exclude the Idaho service territory in which Qwest Corporation acts as the
incumbent local exchange carrier.
On August 27 2002, the Commission issued Order No. 29099 approving QCC'
application for a Certificate of Public Convenience and Necessity to provide "basic local
exchange service" in that part of the state served by Verizon Northwest, Inc. In that Order the
Commission noted
, "
because QCC has amended its application to limit its basic local service
authority to non-Qwest territory, the Commission need not determine whether joint marketing of
local service by QCC and Qwest would violate legal of public policy standards.
QCC has obtained statewide CLEC certification in the states of Montana, Oregon
and Washington and expects to receive such certification in Colorado within thirty days.
See Comments of the Commission Staff, p. 2 (July 1 2002).
Order No. 29099 at p, 2,
APPLICATION FOR AMENDMENT OF CERTIFICATE OF
QWEST COMMUNICATIONS CORPORATION - Page 2
Boise-168517.3 0029164-00033
addition, QCC is certified in the majority of the exchanges in Minnesota, including all of the
exchanges in which QC is the incumbent local exchange service provider. In Utah, QCC is
certified in all exchanges except for those served by a small number of independent companies
while in Wyoming QCC is certified only in the areas served by QC.
QCC now seeks to expand its Certificate of Public Convenience and Necessity to
include the entire state including those areas that it previously volunteered to exclude so that
QCC may be authorized to provide local exchange services throughout all telephone exchanges
of the state.
QCC has previously demonstrated its compliance with the Commission
requirements for obtaining a Certificate of Public Convenience and Necessity, with its
application of April 2002, resulting in the issuance of Certificate 402. To summarize and update
the information required for a certificate under the Commission s standards articulated in Order
No. 26665 , QCC submits the following:
QCC's principal business address is 1801 California, Denver, Colorado
80202, and its principal place of business within the state of Idaho is 999
Main, Boise, Idaho 83702. A certificate of good standing of QCC issued
by the Secretary of State for the State of Idaho is attached as Exhibit A.
QCC's registered agent for service in Idaho remains CT Corporation, 300
North 6th Street, Boise, Idaho 83702.
A schedule of QCC's officers and directors is attached as Exhibit B.
QCC has not yet completed any interconnection negotiations or entered
any interconnection agreements with any carriers for the provision of its
services within the state of Idaho.
APPLICATION FOR AMENDMENT OF CERTIFICATE OF
QWEST COMMUNICATIONS CORPORATION - Page 3
Boise-168517.3 0029164-00033
The two most recent annual reports, including detailed balance sheets and
profit and loss statements, of QCC's ultimate parent corporation (Qwest
Communications International Inc.) were filed with the Commission
earlier this year.
QCC has filed price lists for its toll services in the state of Idaho. QCC
has not yet proposed an initial catalog or price list for local exchange
service in the area for which it was previously certificated. Such filing
will be made in advance of the provision of any local exchange services
pursuant to that certificate or any amended certificate granted hereunder.
Attached hereto as Exhibit C is a list of QCC designated contacts for
customer inquiries and complaints.
QCC has reviewed all of the Commission s rules and continues to agree to
comply with them or, if necessary, to seek a waiver of any rules that prove
to be inapplicable.
QCC intends to provide local services using a combination of its own facilities
and resold services and/or unbundled network elements. The Commission may rely on the
service area maps of Qwest Corporation and the independent telephone corporations for the
potential scope ofQCC's proposed amendment to its service territory in Idaho.
QCC seeks this amendment because it hopes to be authorized to provide local
exchange service and vertical features to business and residence customers throughout the state
of Idaho. The Commission s Procedural Order No. 26665 dated November 7, 1996 indicates
The Annual Report Form M for 2002 was filed with the Commission on January 30, 2004, A Restated
Form M for 2001 was filed February 6 2004,
APPLICATION FOR AMENDMENT OF CERTIFICATE OF
QWEST COMMUNICATIONS CORPORATION - Page 4
Boise-168517.3 0029164-00033
that applicants seeking to provide "local exchange service" must apply to the Commission for a
certificate and provide the information listed therein.Order No. 26665 does not limit the
certificate requirement to companies providing "basic ,local exchange service " i., to service
that is regulated by the Commission under Title 61 , Idaho Code. Because some services that are
provided by Qwest Corporation under Title 62, Idaho Code may be construed as "local service
QCC believes that a Certificate may be required even where QCC seeks to provide services that
do not constitute Title 61 service.
10.At the present time QCC is still formulating the mix of local services and other
non-toll services that it will offer in Idaho. QCC will provide descriptive catalogs and price lists
for those services to the Commission prior to the introduction of any such services in its
certificated areas in Idaho.
RESPECTFULLY SUBMITTED this 2nd day of April, 2004.
~&~
Stoel Rives LLP
Adam L. ShelT
Qwest
Attorneys for Qwest Communications Corporation
See Comments of the Commission Staff, p, 2 (July 1 2002).
Order No, 29099 at p, 2,
The Annual Report Form M for 2002 was filed with the Commission on January 30, 2004. A Restated
Form M for 2001 was filed February 6 2004,
APPLICATION FOR AMENDMENT OF CERTIFICATE OF
QWEST COMMUNICATIONS CORPORATION - Page 5
Boise-168517.3 0029164-00033
IDSOS CERTIFICATE OF EXISTENCE Page I of
tate of Idah
Iloffice of the Secretary of statel!
CERTIFICATE OF EXISTENCE
QWEST COMMUNICATIONS CORPORATION
File Number C-142530
, BEN YSURSA, Secretary of State of the State ofldaho, hereby certify that I am the custodian of
the corporation records of this State.
I FURTHER CERTIFY That the records of this office show that the above-named corporation was
incorporated under the laws of DELAWARE and filed to transact business in Idaho on 11 Feb 2002.
I FURTHER CERTIFY That the corporation is in goodstanding on the records of this office.
Dated: 09 Mar 2004
SECRETARY OF STATE
Authentic Access Idaho Document (hJ1R ://www.accessidaho.org/Rublic ortallauthenticate,htm!
Tag: b5ae5f5ff8d7 4087713dab45ea4f6694b292lab2154262023a 1292efc 15115bd4ea 15bac25f63 70f
Exhibit A
https:!/www, acccssidaho,or~/scclirc/sos/corp/ccrt, htm 3/9/2004
03/31/04
QWEST COMMUNICATIONS CORPORATION
Officers
Tom Gillett
Cliff Holtz
Pamela J. Stegora Axberg
Kelly Carter
Mark Evans
R. William (Bill) Johnston
Troy M. Keller
Joan E. Randazzo
Directors
Tom Gillett
Cliff Holtz
Boise-169417.1 0029164-00033
President
Executive Vice President - Business Markets
Senior Vice President - Network Operations
Vice President - Corporate Tax and Assistant Secretary
Vice President - Finance and Assistant Treasurer
Vice President - Assistant Controller
Assistant Secretary
Assistant Secretary
Exhibit B
03/31/04
The following numbers are culTently designated customer contacts for Qwest Communications
Corporation ("QCC"
Principle business office telephone: [phone]
Facsimile number: [phone]
Toll tree customer service numbers for long distance products and services:
Business customers:
If Qwest Corporation is your local provider: [phone]
If Qwest Corporation is not your local provider: [phone]
Residential customers:
If Qwest Corporation is your local provider: [phone]
If Qwest Corporation is not your local provider: [phone]
Residential primary interexchange carrier ("PIC") disputes: [phone]
Exhibit C
Boise-169415,10029164-00033