20210312Application.pdf

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BEFORE THE IDAHO PT]BLIC UTILITIES COMMISSION . '. , : i ] ,;. ".; . ...--,- i r,..,' , r' . .,,-ut;-i.:,
IN rrmMerrenor
CsNrunvLINK CoMMUNI cATIoNS, LLC
PpurIoN FoR DnstcNATIoN As ANELIGIBLE
TnlBcovnrauNlcATloNs CARRIER (ETC)
PETITION OF CENTI]RYLINK
COMMUNICATIONS,LLC
X'OR DESIGNATION AS AN ELIGIBLE
TELECOMMI]}IICATIONS CARRIER
CASE -T-t-b I
I pursuant to Seotion ztab)Q) of the Communications Act of 7934, as amended ('Act'),
as well as the nrles of the Federal Commr:nications Commission ("FCC"),I and consistent
with Idaho requirements for designation as a federal Eligible Telecommunications Carrier
C.ETC"),2 CenturyLink Communications, LLC (.'CCL" or "Petitioner") hereby submits
this Petition for designation as an ETC in selected census blocks outside areas where its
affrliates currently are ETCs.3 CCL respectfully requests that the Commission issue an
order designating CCL as an ETC in Idaho no later than June 1,2021.4
CCL,s ultimate parent, Lumen Technologies, Inc. (fflrla as CenturyLink, Inc.) (hereinafter
..CenturyLinlcllumen"),5 was selected as a wiruring bidder in some of the census blocks
available in Idaho under the FCC's Rural Digital Opportunity Fund (hereinafter *RDOF")
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| 47 U.S.C. $ zla(ex2). 47 C.F.R $$ 54,201 alild54.202.2 In the Maier ofihe Application of llWC Holding Co., Inc. dba CellularOne@ Seeking Designation as an
Eligible Telecimmuniiations Cairier That May Recerye le-d9ral_Universal Service Support, Case No. WST-T-
05i, OrderNo.29B4l (.ETC Requirements"). .See also Idaho Statute $ 62-610D., putitio"rr's incumbent local eichange company C'ILEC'') affiliates, namely Qwest Corporation d/b/a
Centurylink, CenturyTel of Idaho AOla CertoryLink, and CenturyTel of the Oem State d/b/a Centurylink
(colteciively, .,Centuryt-ink ILECs") are desiggrated as ETCs in Idaho. As addressed more fully below, this
ietition involves areas outside the service territory served by these ILEC affiliatos ofPetitioner.4 This date is requested given the FCC's date of June 7,2021 for state commission action on ETC requests.t On
-S"p"mberi4,
2020, CenturyLin\ Inc., the ultimate parent of Petitioner announced the launch of its
,ilumen" brand. Effective Septimbei ll,z}z},the stock of ConturyLink, Inc. began trading under the symbol
,.LIJMN.,, On January 22,2}il,CenturyLink, Inc. formally changed its name to Lumen Technologies, [nc. As
a result, CenturyLink-, Inc. is now referred to as "Lumen Technologies," or simply "Lumen."
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and awarded in its Phase I Auction (Auction 904).6 CenturyLink/Lumen assigned the
winning bids to Qwest Corporation in Idatro, which applied on behalf of its affiliates and
itself for approval from the FCC. Many ofthose affrliates, the CenturyLink ILECs, are
local exchange carriers and ETCs in ldaho, and many of the RDOF census blocks won by
CenturyLink/Lumen in ldaho fall within their authorized service areas. Attached as
Exhibit A is a map illusfiating all areas in Idaho relevant to the CenturyLinkllumen
RDOF winning bids.?
Some of the RDOF Census Blocks won by CenturyLinkllumen, however, fall outside of
the authorized service areas for these ILEC affiliates. The 161 incremental RDOF Census
Blocks ("Incremental CBs") are listed in Exhibit B. While Petitioner is certificated in the
Incremental CBs, it is not a designated ETC in Idaho in these areas. Accordingly, CCL
files to obtain ETC designation for these lncremental CBs.8
Section na@)Q) of the Act authorizes the Commission to designate Petitioner as an
ETC if it meets the requirements of 47 U.S.C. $ 2la(eXl).
CCL is authorized to provide local exchange and interexchange services in Idaho
pursuant to its CPCN granted by the Commission. Pursuant to statute and its
Commission granted CPCN, CCL is authorized to serve in the Incremental CBs.
As addressed in more detail below and as certified in the attached affidavit, CCL meets
ku'al Digitol Opporlunity Fund Phase I Auction (Auction 904) Closes, Winning Bidders Announced, AIJ
Docket No. 20-34, Public Notice, 35 FCC Rcd 13888 DA No. 20-1422 (OEA/WCB rel. Dec. 7,2020) ('Auction
904 Results Notice"). See, https://docs.fcc.gov/public/attachments/DA-20-l422A,l.Bdf
The RDOF Census Blocks within the service territory of CenturyLink as denoted on Exhibit A are only for
context and illushation purposes and are not subject to this Petition.
To the extent some of these incremental census blocks may fall both inside and outside the CenturyLink ILECs'
service arcas, this Petition addresses solely the portion outside ofthe Centurylink ILECs' service areas.
Similarly, if any ofthese incremental census blocks nominally include area inside the service area of an
incumbent local exchange carrier subject to federal rate-of-return regulation, those areas were specifically
excluded from the RDOF Auction and arc not relevant here. kral Digital Opportunity Fund; Connect America
Fttnd,WC DocketNos. 19-126,10-90, Report and Order, FCC 20-5,35 FCC Rcd 686 Q02qnn.
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the requirements for ETC designation for purposes of the FCC's RDOF. CCL
respectfully requests that the Commission designate it as an ETC in the Incremental CBs
for the limited purpose of fulfilling obligations pursuant to the RDOF.
I. BACKGROUNI)
CCL is a Delaware limited liability company with principal offices located at 100
CenturyLink Drive, Monroe, Louisiana, 71203. CCL is an indirect, wholly owned
subsidiary of Centurylink/Lumen. Lumen provides high-quallty voice and data services
to enterprise, government, wholesale, and carrier customers over its IP-based network
through its wholly owned indirect subsidiaries, including the Petitioner.
In Idaho, CCL has been certified to provide local exchange and interexchange services
pursuant to a Certificate of Public Convenience and Necessity (*CPCN") issued by the
Commission.e
The FCC's RDOF program accelerates the deployment of high-speed fixed broadband
service in America. Phase 1 of the RDOF program is being implemented with a focus on
areas that are wholly unserved under the FCC's 2513 Mbps standard for fixed broadband
applicable to the RDOF Phase I recipients. The FCC has authorized RDOF support to
companies,like Centurylink/Lumen, that committo enable and maintain voice and
broadband service meeting the FCC's requirements to all locations (homes and small
businesses) within the Incremental CBs for the life of the program.
In Idaho, CenturyLink/Lumen was the winner in the RDOF Auction for areas with
funding of approximately $1.165 million annually over 10 y"urs.lo CenturyLink/Lumen
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' The IpUC issued CPCN No. 402 to CenturyLink Communications, LLC in Case No. QCC-T-04-01.r0 See, Auclion 904 Results Nofi'ce, Attachment A: "Winning Bidders Summary" at page 6 of 30. The link for
Attachment A is as follows: https://docs.fcc.gov/public/attachments/DA-20-l422A2.Pdf'
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assigned those winning bids to Qwest Corporation, which has filed the required Long-
Form Application with the FCC on behalf of itself and its affiliates.rl If approved, RDOF
funding will begin to be disbursed for these areas inJaruary 2022.
Pursuant to Section Xa@)Q) of the Act, a "state commission shall on its own motion or
upon request designate a common carrier that meets the requirements of paragraph (1) as
an eligible telecommunications canier for a service area designated by the State
commission."r2 Section 2la(eXt) of the Act in pertinent part provides:
A common carrier designated as an eligible telecommunications
carrier . . . shall be eligible to receive universal service support in
accordance with section 254 and shall, throughout the service
area for which the designation is rcceived -
(A) offer the services that are supported by the Federal universal
service support mechanism under section 254(c), either using its
own facilities or a combination of its own facilities and resale of
another cartier's services (including the service offered by
another eligible telecommunications canier); and
(B) advertise the availability of such services and the charges
therefore using media of general distribution.
II. PETITIONER MEETS TI{E REQUIREMENTS FOR ETC CERTIFICATION
CCL meets the requirements for ETC designation for purposes of the FCC's RDOF
program.
CCL is a cornmon carrier, as defined under the Act,l3 and plans to offer the services
stipulated by RDOF in the Incremental CBs under section 254(c), either using its own
facilities or a combination of CCL's own facilities and resale of another carier's or
affrliate's facilities and services. As certified by the attached affrdavit, CCL, together
tt 5"" generally, FCC Form 683 Insn'uctiors, OMB Contol No. 3060-1256,*Divide Winning Bids" process'tz 47 u.s,c. g 2ta(eX2).
" A 'ocom*on carrier" is defined as "any person engaged as a common carrier for hire, in interstate or foreign
communications by wire or radio[.]" 47 U.S.C. $ 153(10).
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with its ILEC affiliates who are already ETCs, also plans to advertise the availability of
such services and the charges using media of general distribution.
Pursuant to Section 54.101 of the FCC's rules, eligible voice telephony services include
voice grade access to the PSTN or its functional equivalent.la For RDOF Phase I support
recipients, the FCC also defines the supported service as qualif,ing voice service and
conditions grant of firnding on the offering of qualiffing broadband service.
For RDOF pu{poses, Petitioner itself or through facilities and services of another
carrier/affiliate, will provide voice service on a stand-alone basis in the Incremental CBs
consistent with the FCC's high-cost universal service support rules applicable to it.
Petitioner primarily witl be provisioning voice telephony, rrvhere requested by a customer,
using Voice-over-Intemet Protocol ("VoIP") technology after the RDOF network has
been deployed. Petitioner's telephony voice service will include access to emergency
services (including 9l I or E911 where available) in the locations listed in Exhibit B.r5
Petitioner will ofler Lifeline discounts to qualiffing low-income consumers in the
Incremental CBs consistent with the FCC's Lifeline rules.16 Petitioner, through its
affiliates, has substantial experience in providing Lifeline voice services to low-income
consumers. Petitioner witl rely upon teams at Lumen who have familiarity with these
programs.
t4 47 c.F.R. $ 54.101(a).F Petitioner and its affiliates respectfully reserye all rights, claims and defenses relating to non-jurisdictional
technologies that may be used to provision services under the RDOF Auction. Any reference to or use of such
technoh[ies herein should not be constued as a waiver of any rights, claims, and defenses that may be asserted
in the future.
'u 5"",47 C.F.R. $$ 54.101(c), 54.805-54.806.
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17 As certified in the attached Affrdavit, Petitioner itself or in conjunction with an affrliate,
will advertise the availability of its Lifeline service offerings in the Incremental CBs
using media reasonably designed to reach those likely to qualiff for the service(s).
As for broadband service, RDOF support will enable the extension of gigabit per second
broadband Internet access services to customers within the boundaries of the Incremental
CBs identified on Exhibit B.
Petitioner meets all applicable federal and state requirements for designation as an ETC
in Idaho, including 47 U.S.C. $ 214(e),47 C.F.R. $$ 54.201 et seq.
Approval of CCL's request for ETC designation inthe Incremental CBs will allow CCL,
either directly or through its affiliates, to bring voice and broadband Intemet access
services to consumers in the lncremental CBs, thus advancing the goals of universal
service under the F'CC's RDOF program.
Designating CCL as an ETC will permit it to use RDOF funding for its intended pu{pose
in the Incremental CBs, directly advancing the goals of the RDOF program and universal
service. For the reasons set forth herein, granting ETC status to CCL for the Incremental
CBs, as identified in Exhibit B, is in the public interest.
III. PETITIONER MEETS TIIE STATE REQUIREMENTS T'OR ETC
DESIGNATION
IPUC Order No. 29841 requires that an ETC certiff that it is compliant with applicable
service quality standards and consumer protection rules; and ETCs must demonstrate the
ability to remain functional in emergencies. Petitioner will meet service qualrty standards
and consumer protection rules, to the extent they are applicable, of the Federal
Communications Commission and the IPUC as set forth in Commission OrderNo.
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Zg84l. Furthermore, Petitioner's services will remain functional in emergencies as set
forttr in Commission Order No. 29841 and in 47 C.F.R. $ 5a.202(a)(2).
IV. COMMT]NICATIONS A}[D CORNESPONDENCE
pleadings, orders, notices or other correspondence and communications regarding
this Petition should be provided to:
rUilliam Hendricks
Associate General Counsel
CenturyLink Communications, LLC
902 Wasco St, Floor 1
Hood River, OR 97031
Phone: [phone]
Email : [e-mail]
And:
Jennifer Somers
Director State Legislative Affairs
250 E 200 S, Room 1000
Salt lake City, UT 84111
Telephone: [phone]
E-mail : j ennifer. somers@.centurylink.com
V. REQUESTED RELIEF AND TIMING
CenturyLink/Lumen must demonstrate to the FCC that it or an affiliate has been
designated as an ETC in each of the census blocks where Centurylink/Lumen was the
winning bidder in the RDOF Auction. The FCC's deadline for such documentation is
June 7, 2021.ts
Accordingly, CCL respectfully requests that the Commission issue an order approving
this Petition by no later than June 1,2021.
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VI. CONCLUSION
Petitioner CCL therefore respectfully requests that the Commission designate CCL
as an ETC in the Incremental CBs identified in Exhibit B no later than June l, 2021 arrd
order such other relief as may be appropriate.
Respecfily submitted rhi, V!'dryof March, 2021.
HA TROXELL ENNIS & HAWLEY, LLP
877 Main Sheet, Suite 1000
Boise,Idaho 83701
Phone: [phone]
Email: [e-mail]
And
William Hendricks
Associate General Counsel
CenturyLink Communications, LLC
902 Wasco St, Floor 1
Hood River, OR 97031
Phone: [phone]
Email: [e-mail]
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Exhibit B
List of CB where CTL lnc. was asslgned RDOF auction support and requires ETC status 4D
1 160459601001049 160459601001482 160459601001726 160599703001441
2 160459601001056 160459601001483 1604s9601001736 160599703001445
3 160459601001057 160459601001484 160459601001737 160599703001453
4 1604s9601001059 160459601001491 150459501001790 160599703001454
5 160459601001063 160459501001492 1604s9601001791 160599703001482
6 1604s9601001186 1604s9601001493 160459601001792 160599703001489
7 160459601001187 150459601001494 160459601001798 160s99703001533
8 160459601001214 1604s9601001495 1604se601001805 150599703001546
9 16045960L001222 150459601001496 150459601001827 160599703001s54
10 150459601001223 160459601001497 160499400003026 160599703001556
11 160459601001226 150459501001501 160s99703001006 160599703001557
72 150459601001228 x60459601001502 160s99703001028 150599703001558
13 160459601001231 150459601001503 160599703001032 160s99703001717
L4 150459501001232 r504s9601001505 150599703001042 150599703001721
15 160459501001234 160459501001506 160599703001045 160s99703001829
t6 160459601001235 150459601001507 150s99703001065 160599703001871
77 150459501001238 150459601001510 150s99703001074 150599703001885
18 160459601001239 160459601001512 150599703001075 160599703001960
19 1504s9601001275 150459601001513 160599703001076 150599703001962
20 150459601001278 160459601001515 150599703001098 160599703001979
2t 160459501001279 150459601001517 150599703001105 150599703001981
22 160459601001280 150459601001519 150599703001105 160519400012011
23 160459501001281 150459501001520 160599703001113 160519400012030
24 150459501001289 16045950100152r.150s99703001114 150619400012033
25 160459601001290 160459601001523 150599703001121 160619400012041
26 160459601001292 160459601001525 160599703001122 160619400012051
27 160459601001303 160459501001529 160599703001136
28 160459601001304 160459601001531 160s99703001139 Total = 151
29 160459601001306 160459601001533 160599703001147
30 160459601001319 150459501001536 160599703001154
31 160459601001429 160459601001541 160599703001164
32 160459601001431 160459501001542 160599703001175
33 15045960100144s 160459601001544 160599703001195
34 160459601001447 160459601001547 160s99703001237
35 160459601001457 160459601001553 160s99703001257
36 1604s9601001460 150459601001557 160599703001333
37 160459601001465 16045960100155s 150s99703001338
38 160459601001468 160459601001550 160599703001377
39 150459601001469 160459501001563 150599703001381
40 160459501001470 150459601001564 160599703001396
4t 150459501001471 160459501001569 160599703001408
42 160459601001473 150459501001571 160s99703001418
43 160459601001475 160459601001574 150599703001420
M 160459501001475 150459501001578 160599703001430
45 160459601001477 160459601001722 160s99703001440
Exnmrr C
Atr'tr'IDAVIT
STATE OF LOUISIA},IA )
)
)PARRISH OF OUACHITA
I, G. Clay Bailey, being of lawful age and duly swom, on my oath state that I am Senior
Vice President, Public Policy and Govemment Affairs, of Lumen Technologies,Inc', the
ultimate parent of Petitioner, Centurylink Communications, LLC ("CCL"), that I am authorized
to execute this affidavit on behalf of CCL, and that the facts set forth in this affidavit and the
accompanying Petition of CenttrryLink Communications, LLC for Designation as an Eligible
Telecommunications Carrier are true to the best of my knowledge, information, and belief. This
affidavit is submitted to the Idalro Public Utilities Commission ('IPUC') to support designation
of CCL as an eligible telecommunications carrier ('ETC") in the State of Idaho in order to
receive federal universal service funds pursuant to Section 214(e) of the Communications Act of
1934, as amended, 47 U.S.C $ 214(3X2), and as awarded under the Federal Communication
Commission ('FCC") Rural Digital Opportunity Fund ('RDOF') auction and progam.
l. CCL seeks ETC designation for the 161 RDOF supported areas of Idaho (the incremental
RDOF Census Blocks) as identified in Exhibit B to ccl's Petition.
2. As set forth in the pleading, CCL and its affiliates will:
a) Comply with alt requirements imposed by the FCC as part of the Rural Digital
Opportunity Fund ("RDOF") program, including those in 47 C.F.R. $5a.101(a).
b) Advertise the availability of the services described in subsection (a) above for the
inqemental RDOF Census Blocks using media of general distribution, which may
inolude television, newspaper, magazine, radio, internet, electronio mai[, direct
rnailings, public gxtribits and displays, and bill inserts.
o) Comply with requireurenb set forth in Commission Order No. 298r'1, the IPUC
ETC Requirements Order, associated withthe petition for ETC status fortlre
inorcmental RDOF Census Blocks.
I ce$iff that the foregoing is true and conect.
G. Clay Bailey
Senior Vice President
Public Policy and Governme,lrt Atrairs
Lumen Technologies, Inc.
Subsoribod and swom to before *" tUis 4$day of March 2021
Signailrc ofNotary Publio
TSEAL]Dm;ta ,fincs
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Cornnrission F;qlfuaaon 0i De*Ll'