20210426Comments.pdf

MATT HUNTER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-007 4
[phone]
IDAHO BAR NO. 10655
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Street Address for Express Mail:
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BOISE, ID 837I4
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CENTURYLINK
COMMUNICATIONS, LLC'S APPLICATION
FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER
COMMENTS OF THE
COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission, by and through its Attomey of
record, Matt Hunter, Deputy Attomey General, submits the following comments.
BACKGROUND
On March 72,2021, CenturyLink Communications, LLC ("CenturyLink" or "Company")
applied for designation as an Eligible Telecommunications Carrier ("ETC") in Idaho.
The Company's ultimate parent company, Lumen Technologies, Inc., was a winning
bidder in the Rural Digital Opportunity Fund ("RDOF") auction to provide voice and broadband
services in select Idaho census blocks. Application at l. The Company states that Lumen
Technologies, Inc. assigned Qwest Corporation (the Company's parent) the RDOF support for
winning bids in Idaho. Id. at2. While the Commission already has designated Qwest
Corporation's affiliates as ETCs for most of the awarded census blocks, 161 census blocks
('olncremental CBs") fall outside the affiliates' authorized service areas. Id.
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CASE NO. QCC-T-21-01
STAFF COMMENTS APRIL 26,2021
The Company is a Commission-certified telephone corporation in the Incremental CBs
but is not designated as ETC in these areas. Id. at3. The Company therefore seeks ETC
designation in the lncremental CBs. Id. at 8.
THE APPLICATION
CenturyLink is a Delaware limited liability company with its principal place of business
at 100 CenturyLink Drive, Monroe, Louisiana, 71203. Application at 3. CenturyLink is
authorized to do business in ldaho. See Id.
The Company states it qualifies for ETC designation under the federal
Telecommunications Act of 1996 (47 U.S.C. $ 2la(e)). 1d Specifically, the Company asserts it
satisfies the requirements for designation as an ETC in that it: would serve the public's interest if
the Company were designated an ETC; is a common carrier; commits to provide services
supported by federal universal support mechanisms; will advertise the availability of supported
services; will make available Lifeline service; is financially and technically capable of offering
lifeline services; is not seeking ETC status on tribal lands; has the ability to remain functional in
emergency situation; commits to comply with service quality standards and consumer protection
rules; will comply with all applicable annual reporting requirements; and will make lifeline
service available to qualiffing low-income consumers. Id. at 4-7 . The Company argues that
designating the Company as an ETC is in the public interest, and asks the Commission to grant
its ETC status by June 1,2021. Id. at 6-7 .
STAFF ANALYSIS
Staff has reviewed CenturyLink's Application and has conducted an analysis of the
Company's fulfillment of the federal Telecommunications Act of 1996,the FCC's regulations,
the RDOF requirements, and Commission Order No. 29841. In addition, Staff has analyzed the
public interest considerations of awarding the Company ETC designation. Specific state and
federal requirements for ETC designation are discussed in more detail below.
Public Interest Analysis
Staff typically applies a two-prong test when analyzing whether a company's ETC
application is in the public interest. First, Staff verihes that the Company will contribute to the
2STAFF COMMENTS APRIL 26,2021
appropriate Idaho funds. Second, Staff analyzes whether the Company's Application raises
"cream skimming" concerns.
In its Application, CenturyLink confirms that upon designation as an ETC in Idaho the
Company will comply with Order No. 29841. Application at 6-7. The Company requests ETC
designation for entire census blocks in areas that are unserved, high-cost areas ofldaho;
therefore, no cream skimming analysis is required. See Id. at 6, Exhibit B. Thus, Staff believes
CenturyLink's Application satisfies the public interest considerations.
Network Improvement Plan
The Commission requires all ETCs receiving high-cost support to provide a two-year
network improvement and progress report. See Order No. 29841 at 18. However, the FCC
waived the requirement for a winning bidder to file a five-year plan as part of the FCC ETC
designation process. WCB Reminds Connect Am. Fund Phase II Auction Applicants of the
Process for Obtaining A Fed. Designation os an Eligible Telecommunications Carrier,33 F.C.C.
Rcd. 6696 (2018). The FCC removed this requirement because it "adopted more specific
measures to track deployment, including annual reporting of service to geocoded locations and
certification of compliance with benchmark milestones." Id.
The Company did not provide a two-year network improvement and progress report as
part of its Application. Staff believes a waiver to the Commission's two-year plan requirement is
appropriate because of the FCC's heightened oversight of RDOF Action winners.
Ability to Remain Functional in Emergencies
The Company states that its "services will remain functional in emergencies as set forth
in Commission Order No. 29841 and in 47 C.F.R. $ 5a.202(a)(2)." Application at 7. Staff
agrees CenturyLink satisfies this requirement.
Other ETC Designation Requirements
Additional requirements for ETC designation are detailed in Appendix I of Order No
29841and are discussed in more detail below.
1. Common Carrier Status. CenturyLink is a common carrier as defined in U.S.C.
Title 47. Id. at 4.
JSTAFF COMMENTS APRIL 26,2021
2. Provide Universal Services. CenturyLink will provide all required services and
functionalities as set forth in Section 54.101(a) of the FCC's Rules (47 C.F.R. $ 5a.101(a)).
Id. at 4-5.
3. Advertisine.CenturyLink will advertise the availability and rates for its services
described in the Application through media of general distribution as required by 47 U.S.C.
$ 21a(e)(l)(B). Id. at6.
4. A Commitment to Consumer Protection and Service. CenturyLink commits to
satisfuing all such applicable state and federal requirements related to consumer protection and
service quality standards. Id. at 6-7.
5. Description of the Local Usaee Plan. CenturyLink will offer "voice services on a
stand-alone basis...where requested by a customer." Id. at 5.
STAFF RECOMMENDATION
Based on its review of the Company's Application, Staff believes the Application
demonstrates the Company's commitment to fulfill the obligations of an ETC in Idaho. The
Company will provide all universal services supported by the federal USF throughout its service
territory and it has addressed all the public interest questions that accompany an ETC
application. Thus, Staff believes CenturyLink's Application for designation as an ETC is in the
public interest and should be approved.
Respectfully submitted this 26rH day of April 2021
M,I
Matt Hunter
Deputy Attorney General
Technical Staff: Daniel Klein
4STAFF COMMENTS APRIL 26,2021
CERTTFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 26TH DAY OF APRIL 2021,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. QCC-T-21-01, BY E-MAILING A COPY THEREOF, TO THE
FOLLOWING:
WILLIAM HENDRICKS
CENTURYLINK COMMUN LLC
902 WASCO ST FL I
HOOD RIVER OR 97031
E-MAIL: tre umen.com
JENNIFER SOMERS DIR
STATE LEGISLATTVE AFF
2508 200 S RM r000
SALT LAKE CITY UT 84111
E-MAIL: [e-mail]
. LilA,.,^
SECRETARY/
CERTIFICATE OF SERVICE