20040915Notice of Filing Order No 29596.pdf

Office of the Secretary
Service Date
September 15, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION AND MCIMETRO ACCESS
TRANSMISSION SERVICES LLC'S MASTER
SERVICE AGREEMENT FILING
CASE NO. QWE- T -04-
OTI CE OF FILING
NOTICE OF MODIFIED
PROCEDURE
NOTICE OF COMMENT/
PROTEST DEADLINE
ORDER NO. 29596
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on August 2, 2004, Qwest Corporation
(Qwest) and MCImetro Access Transmission Services LLC (MCImetro) filed a Master Services
Agreement (MSA) with the Commission seeking its review and approval. The MSA concerns
the purchase and use of certain combinations of network elements, switching, shared transport
etc. that were commonly known as Unbundled Network Element Platform (UNE-P) and the
subject of previous interconnection agreements. The MSA states that, given the "regulatory
uncertainty in light of the DC Circuit Court's decision in USTA v. FCC 359 F.3d 554 (March 2
2004) . . . with respect to the future existence, scope, and nature of Qwest's obligation to provide
such UNE-P arrangements under the Communications Act " that the MSA is being filed with
corresponding interconnection agreement amendments "to create a stable arrangement for the
continued availability to MCI from Qwest of services. . .." Qwest Master Services Agreement
YOU ARE FURTHER NOTIFIED that the Commission seeks comments from any
interested party regarding whether such an agreement, the MSA, is subject to the requirements of
47 U.C. ~~ 251 , 252 et. seq.
NOTICE OF FILING
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
ORDER NO. 29596
YOU ARE FURTHER NOTIFIED that the Master Services Agreement filed in Case
No. QWE- T -04-, may be viewed online at www.puc.state.id.by clicking on "File Room
and "Telecommunication Cases " or it can be viewed during regular business hours at the offices
of the Idaho Public Utilities Commission, 472 West Washington Street, Boise, Idaho.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filing of
record in Case No. QWE-04-24. The Commission has preliminarily determined that the
public interest may not require a hearing to consider the issues presented in this case and that
issues raised by the Company s filing may be processed under Modified Procedure. (i., by
written submission rather than by hearing). IDAPA 31.01.01.201-204. In so doing, the
Commission notes that Modified Procedure and written comment has proven to be an effective
means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in
this proceeding unless it receives written protests or comments opposing the use of Modified
Procedure and stating why Modified Procedure should not be used.
31.01.01.203.
Reference IDAP A
YOU ARE FURTHER NOTIFIED that if no protests or written comments are
received within the deadline, the Commission will consider the matter and enter its Order
without a hearing. If protests or comments are filed within the deadline, the Commission will
consider them and may, in its discretion, set the matter for hearing or decide the matter and issue
its Order on the basis of the written positions before it. IDAP A 01.01.01.204.
NOTICE OF COMMENT/PROTEST DEADLINE
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments
or protests with respect to the Application and the Commission s use of Modified Procedure in
Case No. QWE- T -04-24 is 21 days from the service date of this Order. Persons desiring a
hearing must specifically request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No.
QWE- T -04-24 should be mailed to the Commission and to Qwest and to MCImetro at the
addresses reflected below.
NOTICE OF FILING
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
ORDER NO. 29596
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
MARY S. HOBSON
STOEL RIVES LLP
101 S. CAPITOL BLVD., SUITE 1900
BOISE, IDAHO 83702
E-mail: mshobson0)stoel.com
Street Address for Express Mail:
THOMAS F. DIXON
SENIOR ATTORNEY
707 17TH STREET, SUITE 4200
DENVER, CO 80202
E-mail: thomas.dixon0)mci.com
These comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments via e-mail may do so by accessing the
Commission s homepage located at www.puc.state.id.. Click the "Comments and Questions
472 WEST W ASHIN GTON STREET
BOISE, ID 83702-5983
icon, and complete the comment form, using the case number as it appears on the front of this
document. These comments must also be sent to the Applicants at the address listed above.
ORDER
IT IS HEREBY ORDERED that this case be processed under Modified Procedure.
Persons interested in submitting written comments regarding this case or protesting the use of
Modified Procedure should do so no later than 21 days from the service date of this Order.
NOTICE OF FILING
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINEORDER NO. 29596
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /5tA
day of September 2004.
ARSHA H. SMITH, COMMISSIONER
ATTEST:
O:QWETO424
NOTICE OF FILING
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINEORDER NO. 29596