28768.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

in the matter of THE TARIFF ADVICE SUBMITTED BY QwEST COMMUNICATIONS TO REVISE ITS PERCENT INTRASTATE USAGE (PIU) REPORTING PROCEDURES FOR ACCESS SERVICES IN ITS NORTHERN IDAHO SERVICE AREA.
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NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 28768

On May 30, 2001, Qwest Communications filed Tariff Advice No. 01-03-N to revise the procedures for reporting the “percentage of interstate usage” (PIU) in its northern Idaho service territory. The Company requested an effective date of July 1, 2001. In this Order we suspend the tariff advice and seek public comment concerning the proposed changes.
BACKGROUND
PIU is the result of separating long-distance telephone traffic between the interstate and intrastate jurisdictions for purposes of determining access charges applicable to toll carriers (IXCs). In 1985 the Federal Communications Commission (FCC) determined that intrastate and interstate traffic provided on the same transmission path should be allocated between the appropriate jurisdictions. In 1994 numerous Idaho telephone companies generally alleged that toll carriers were not properly reporting their interstate PIUs. Consequently, the Commission initiated an investigation into the reporting procedures and practices of IXCs. Before the investigation was completed, Qwest proposed tariff revisions that would impose more stringent reporting requirements on purchasers of access services. The revisions allowed Qwest to review PIU reports from IXCs and to require audits in some circumstances. The
Commission accepted and approved the Qwest revisions. In December 1994, the Commission required all local exchange companies to include similar provisions in their tariffs.
THE TARIFF ADVICE
On May 30, 2001, Qwest filed revisions to its Northern Idaho Access Tariffs (and the Southern Idaho Access Services Catalog) that would replace the quarterly PIU reporting requirement and make the reporting voluntary. The tariff advice also proposes to change the basis for jurisdictional rating of Feature Group D terminating minutes of use from one based on originating PIU calculated by Qwest or reported by the customer, to a jurisdiction determined by the call record detail when it is available, or the carrier-reported PIU when the call record detail is not available.
In its analysis of the tariff advice, Staff indicated that it needed additional time to gather and evaluate the proposals. In addition, Staff believed that it was appropriate to seek public comment from other affected carriers.
Based on the Staff’s recommendation and our review of the tariff advice, we find: that the tariff advice is of sufficient importance and complexity to require the Commission’s investigation into the reasonableness of the proposed changes. Due to the importance of this tariff advice and because of the previously scheduled demands upon our time, the Commission will be unable to fully consider this tariff advice prior to July 1, 2001. Consequently, the Commission finds that it is reasonable and necessary to suspend the effective date of this tariff advice for a period of sixty (60) days from July 1, 2001, or until such time as the Commission may issue an Order accepting or rejecting or modifying the tariff advice. Idaho Code §§ 61-507 and 61-622.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201 through -.204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on Tariff Advice No. 01-03-N may file a written comment in support or opposition with the Commission Secretary no later than August 2, 2001. More specifically, the Commission seeks comments whether technology has improved the ability to provide more accurate jurisdictional reporting, either by the LEC or by the toll carriers. Is it sufficient?
The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments. Written comments concerning this application shall be mailed to the Commission and the Applicant at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074

Street Address for Express Mail:

472 W WASHINGTON ST
BOISE, ID 83702-5983 MARY S HOBSON
STOEL RIVES LLP
STE 1900
101 S CAPITAL BLVD
BOISE ID 83702-5958

JOHN SOUBA
QWEST COMMUNICATIONS
999 MAIN STREET, 11th FL
BOISE, ID 83702
All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments are received within the time limit set, the Commission will consider this matter on its merits and enter its Order without a formal hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing.
YOU ARE FURTHER NOTIFIED that the Tariff Advice has been filed with the Commission and is available for public inspection during regular business hours at the Commission offices. Tariff Advice No. 01-03-N is also available at www.puc3.state.id.us/ submitted/000226.pdf.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61. The Commission has jurisdiction over this matter pursuant to Idaho Code §§ 61-307, 61-507 and 61-622.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
O R D E R
IT IS HEREBY ORDERED that this matter be suspended for a period of 60 days from July 1, 2001, or until such time as the Commission may issue an Order accepting, rejecting or modifying the tariff advice.
IT IS FURTHER ORDERED that interested parties submit written comments concerning this matter no later than August 2, 2001.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this _______ day of September 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

vld/O:QWE_T_01-16_dh

At the time, Qwest’s predecessor was US WEST Communications. For purposes of consistency, we will refer to US WEST as Qwest.
Feature Group D is a trunk-side switched access connection that allows customers to reach their chosen interexchange carrier by dialing “1” plus the telephone number they want to reach.

NOTICE OF APPLICATION
NOTICE OFMODIFIED PROCEDURE
ORDER NO. 28768 1

Office of the Secretary
Service Date
June 29, 2001