20040607Final Order No 29514.pdf

Office of the Secretary
Service Date
June 7, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST COMMUNICATIONS CORPORATION
FOR AN AMENDMENT TO CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY NO. 402 TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
CASE NO. QCC-04-
ORDER NO. 29514
On September 3 , 2002 , the Commission issued Certificate No. 402 to Qwest
Communications Corporation (QCC) granting it authority to provide basic local
telecommunications exchange services within Verizon Northwest Inc.s service area. On April
, 2004, QCC filed an Application for an amendment to its CPCN to enable it to provide local
services throughout the State of Idaho, including within the service area of Qwest Corporation
(QC), QCC's parent corporation. The Commission on May 12, 2004, issued a Notice of
Application and Notice of Modified Procedure to process QCC' s Application.
Staff reviewed the Application and filed written comments. Staff stated its concern
that customers could be confused with two different companies named Qwest offering basic
local exchange service in the same marketplace. Staff requested clarification from QCC
regarding its intentions to provide services. QC' s director of regulatory affairs clarified that
QCC did not intend to actively seek residential and small business customers. Instead, according
to the information provided to Staff, QCC desires the authority to provide related services to
customers in large business markets where it intends to actively market its services on a regional
or national basis. QCC may have an opportunity to provide service to large customers with
remote offices that would qualify as small businesses, and the Company stated it needed
flexibility to provide basic local exchange service to those customers under a single corporate
entity. Staff recommended the Commission approve the amendment to QCC's Certificate, and
that the Commission be prepared to respond if marketing efforts by QCC and QC result in
customer confusion.
Written comments were also filed by the Idaho Telephone Association. As it has in
other cases where CLECs are requesting authority to provide services throughout the state, ITA
recommended the Order approving the Certificate to QCC recognize the exemption of rural
ORDER NO. 29514
telephone carrIers from the obligations of incumbent local exchange carriers under Section
251(c) of the 1996 Telecommunications Act.
The Commission finds that Qwest Communications Corporation has satisfied all the
requirements of the applicable statutes and the Commission s Rules for an amendment to its
Certificate of Public Convenience and Necessity.The Commission therefore approves the
Application of Qwest Communications Corporation. If the Company makes a bona fide request
for interconnection with rural telephone company,Section 251(f)(1)(B) of the
Telecommunications Act requires that notice of its request be submitted to the Commission.
ORDER
IT IS HEREBY ORDERED that the Application for amendment to Qwest
Communications Corporation s Certificate of Public Convenience and Necessity is granted to
enable the Company to provide basic local exchange services within the State of Idaho.
Furthermore, this grant of the amendment to QCC's Certificate is subject to the exemption of
rural telephone carriers, if applicable, from the obligations of incumbent local exchange carriers
as set forth in Section 251 (c) of the 1996 Act, until such time as the requirements for lifting the
exemption have been met.
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. QCC- T -04-
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. QCC-04-Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
ORDER NO. 29514
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 7j1\
day of June 2004.
MARSHA H. SMITH, COMMISSIONER
, COMMISSIONER
ATTEST:
D. Jewell
ission Secretary
bls/O:QCCTO40 1- ws2
ORDER NO. 29514