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HomeMy WebLinkAbout20080523notice_of_petition_order_no_30552.pdfOffice of the Secretary Service Date May 23 , 2008 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE PETITION OF QWEST CORPORATION REQUESTING AUTHORIZATION TO WITHDRAW ITS STATEMENT OF GENERALLY AVAILABLE TERMS AND CONDITIONS CASE NO. QWE-08- NOTICE OF PETITION NOTICE OF MODIFIED PROCEDURE ORDER NO. 30552 YOU ARE HEREBY NOTIFIED that on May 2, 2008, Qwest Corporation filed a Petition requesting authorization to withdraw its Statement of Generally Available Terms and Conditions (SGAT). Qwest's Petition explains that the SGAT was developed in 2000 as part of Qwest's application to gain entry into the interLA T A (long-distance) services market pursuant to Section 271 of the 1996 federal Telecommunications Act. Bell operating companies like Qwest could fulfill part of their Section 271 obligations by having a "statement of the terms and conditions that the company generally offers to provide such (network) access and interconnection (that) has been approved or permitted to take effect by the State Commission. 47 U.C. ~ 271(c)(1)(B). YOU ARE FURTHER NOTIFIED that Qwest is required to enter into interconnection agreements with other telecommunications providers who request access Qwest's network, facilities, or services. See 47 U.C. ~~ 251-252. Qwest's Petition explains that a critical element in the Section 271 process was assurance that the Bell operating companies (BOC) would continue to provide non-discriminatory interconnection services to competitors once the BOC received approval to enter the long-distance service markets. provide this assurance, the Petition states that Qwest voluntarily put in place a Performance Assurance Plan (PAP) as part of its SGAT. The PAP also contains a comprehensive list of performance measures known as Performance Indicator Definitions (PID) to provide specific data about Qwest's interconnection services to the competitors using Qwest's facilities and network. If the Commission approves Qwest's Petition to withdraw its SGA T, the Performance Assurance Plan and Performance Indicator Definitions will no longer be in place. NOTICE OF PETITION NOTICE OF MODIFIED PROCEDURE ORDER NO. 30552 YOU ARE FURTHER NOTIFIED that Qwest filed its original SGA T in June 2000 but the Petition states that the Company has not offered its SGA T as an option for interconnection agreements since August 2004. Qwest asserts that its SGA T is superfluous and has become outdated due to changes in applicable law, has not been used as the interconnection contract template in Idaho for some time, and has not been updated since August 2004. YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. QWE- T -08-04. The Commission has preliminarily found that the public interest in this matter may not require a hearing to consider the issues presented and that issues raised by the Company s filing may be processed under Modified Procedure pursuant to Commission Rules of Procedure, IDAP A 31.01.01.201-204. YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or protests with respect to Qwest's Petition and the use of Modified Procedure in Case No. QWE- 08-04 is Monday, July 7 2008. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission may consider the matter on its merits and may enter its Order without a formal hearing. If comments or protests are filed within the deadline the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order based on the written positions before it. 31.01.01.204. IDAPA YOU ARE FURTHER NOTIFIED that written comments concerning Case No. QWE-08-04 should be mailed to the Commission and Qwest at the addresses reflected below. Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise, ID 83720-0074 Street Address for Express Mail: 472 W. Washington Street Boise, ID 83702-5918 NOTICE OF PETITION NOTICE OF MODIFIED PROCEDURE ORDER NO. 30552 Mary S. Hobson 999 Main, Suite 1103 Boise, ID 83702 E-mail: mary.hobsonifY,qwest.com Adam L. Sherr Corporate Counsel Qwest Corporation 1600 ih Avenue, Room 3206 Seattle, W A 98191 E-mail: adam.sherrifY,qwest.com All 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 home page located at www.puc.idaho.gov.Click the "Comments and Questions 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 Qwest at the e-mail addresses listed above. YOU ARE FURTHER NOTIFIED that the Application and supporting testimony have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices or on the Commission Website at www.puc.idaho.gov under the "File Room" and then "Telephone Cases. 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. 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. ORDER IT IS HEREBY ORDERED that the Petition of Qwest Corporation for authorization to withdraw its Statement of Generally Available Terms and Conditions be processed by Modified Procedure IDAPA 31.01.01.201-.204.Persons interested in submitting written comments in this matter must do so no later than July 7, 2008. NOTICE OF PETITION NOTICE OF MODIFIED PROCEDURE ORDER NO. 30552 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this l..-J.. day of May 2008. MACK A. REDFORD , PRESIDENT d~~ MARSHA H. SMITH, COMMISSIONER ~/. JI 'PTON CO ISSIONER ATTEST: ~tJ Lif~Je . D. Je ell Commission Secretary bls/O:QWE-O8- NOTICE OF PETITION NOTICE OF MODIFIED PROCEDURE ORDER NO. 30552