20040316Motion to Withdraw.pdf

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Mary S. Hobson (ISB#2142)
STOEL RIVES LLP
101 S. Capitol Boulevard, Suite 1900
Boise, ill 83702-5958
Telephone: [phone]
FAX: [phone]
mshobson~stoel.com
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UTILITIES CUrlr'I\~S\OI~
Adam L. SheIT (WSBA#25291)
Qwest
1600 ih Avenue - Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
adam.sheIT~qwest.com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S (F/K/A/U S WEST
COMMUNICATIONS, INC.) FILING OF A
STATEMENT OF GENERALLY
AVAILABLE TERMS AND CONDITIONS
PURSUANT TO 47 U.C. 9 252(F)
Case No. QWE-O3-
WITHDRAWAL OF MODIFICATIONS TO
SGAT AND EXHIBIT A RELATING TO
THE FCC'S TRO
QWEST CORPORATION'S MOTION
TO WITHDRA W NOTICE OF
UPDATED STATEMENT OF
GENERALLY AVAILABLE TERMS
AND CONDITIONS AND
STATEMENT OF COMPLIANCE
On February 17 , 2004, Qwest Corporation ("Qwest") filed its Notice of Updated
Statement of Generally Available Terms and Conditions and Statement of Compliance Updated
SGA T") in the above captioned docket. Qwest now moves to withdraw its Updated SGA T for
the reasons stated below.
QWEST CORPORATION'S MOTION TO WITHDRAW NOTICE
OF UPDATED STATEMENT OF GENERALLY AVAILABLE TERMS
AND CONDITIONS AND STATEMENT OF COMPLIANCE -
Boise-168760,10029164-00098
Page 1
In addition to minor clarifications and certain changes reflecting agreements with CLECs
the Updated SGAT predominantly reflected changes responding to the decision of the Federal
Communications Commission (FCC) in its Triennial Review Order. 1 As the Commission is
aware, the Triennial Review Order was appealed by a number of parties. The case was heard
the United States Court of Appeals for the District of Columbia. On March 2, 2004, the Court of
Appeals issued its decision 2 which vacated the Triennial Review Order in part and remanded it
in part. However, the Court stayed its decision for the longer of 60 days or until a petition for
rehearing was denied.
This development directly affects Qwest's Updated SGAT filing in this case because, as
noted, the proposed Updated SGA T was predominantly based on changes brought about by the
Triennial Review Order. If the DC Circuit Court of Appeals Triennial Review Decision is not
stayed, certain relevant portions of the Triennial Review Order upon which the Updated SGA T is
based will be vacated on May 1 2004. Such vacation would require Qwest to submit another
SGA T based on the law in effect as of that date.
Representatives from several state utility commissions have expressed concern that, in
light of the developments described above, the commissions may be required to review two
SGA Ts in very short order. Qwest agrees that this is a possible and, indeed, likely scenario
based on the swiftness with which the DC Circuit Court of Appeals Triennial Review Decision
was issued relative to the issuance of the Triennial Review Order.
Report and Order and Order on Remand and Further Notice of Proposed Rulemaking, Review of the
Section 251 Unbundling Obligations ofIncumbent Local Exchange Carriers, CC Docket Nos. 01-338 et at
FCC 03-227, 18 FCC Rcd 16978 (Aug. 21 , 2003) (the "Triennial Review Order
United States Telecom Association v, Federal Communications Commission and United States of America
On Petitions for Writ of Mandamus and for Review of an Order of the Federal Communications
Commission, Case No. 00-1012 ("DC Circuit Court of Appeals Triennial Review Decision
QWEST CORPORATION'S MOTION TO WITHDRAW NOTICE
OF UPDATED STATEMENT OF GENERALLY AVAILABLE TERMS
AND CONDITIONS AND STATEMENT OF COMPLIANCE-
Boise-168760.1 0029164-00098
Page 2
In deference to these concerns, and in order to conserve its own resources, Qwest
therefore moves to withdraw its Updated SGA T filed on February 17, 2004. In the event that the
DC Circuit Court of Appeals Triennial Review Decision becomes effective on or soon after May
2004, Qwest likely will file a new Updated SGAT, which will include the aforementioned
miscellaneous changes and will be based on those portions of the Triennial Review Order
undisturbed by the Court's decision. Should the DC Circuit Court of Appeals Triennial Review
Decision be stayed for a period beyond May 1 , 2004, Qwest reserves the right to re-submit the
Updated SGAT, previously filed on February 17, 2004.
WHEREFORE, Qwest hereby moves for permission to withdraw its Notice of Updated
Statement of Generally Available Terms and Conditions filed on February 17, 2004 in the above
captioned docket.
RESPECTFULLY SUBMITTED this 15th day of March, 2004.~~~0---
Stoel Rives LLP
Adam L. SheIT
Qwest
Attorneys for Qwest Corporation
QWEST CORPORATION'S MOTION TO WITHDRAW NOTICE
OF UPDATED STATEMENT OF GENERALLY AVAILABLE TERMS
AND CONDITIONS AND STATEMENT OF COMPLIANCE-
Boise-168760.1 0029164-00098
Page 3
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of March, 2004, I served the foregoing QWEST
CORPORATION'S MOTION TO WITHDRAW NOTICE OF UPDATED STATEMENT
OF GENERALLY AVAILABLE TERMS AND CONDITIONS AND STATEMENT OF
COMPLIANCE as follows:
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
O. Box 83720
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
ii ewell~puc.state.id. us
LX.)
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington
O. Box 83720
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
LX..)
Dean J. Miller
McDevitt & Miller LLP
420 West Bannock Street
O. Box 2564 (83701)
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
ioe~mcdevitt - miller .com
LX..)
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Brandi L. Gearhart, PLS
Legal Assistant to Mary S. Hobson
Stoel Rives LLP
QWEST CORPORATION'S MOTION TO WITHDRAW NOTICE
OF UPDATED STATEMENT OF GENERALLY AVAILABLE TERMS
AND CONDITIONS AND STATEMENT OF COMPLIANCE-
Boise-168760,10029164-00098
Page 4