20080709notice_of_petition_order_no_30592.pdf

Offce of the Secretar
Service Date
July 9,2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF )
QWEST CORPORATION FOR APPROVAL )OF NON-IMPAIRED WIRE CENTER )
LISTS PURUANT TO THE TRIENNIA )
REVIEW REMAND ORDER )
)
)
)
)
CASE NO. QWE-T-oS-07
NOTICE OF PETITION
NOTICE OF
INTERVENTION DEADLIN
ORDER NO. 30592
YOU AR HEREBY NOTIFIED that on June 20, 2008, Qwest Corpration filed a
Petition requesting Commission approval of Qwest's non-impaired wire center lists compiled
puruat to the Federal Communcations Commssion's Triennal Review Remand Order
(TRRO). The TRRO, among many other thgs, established stadards for determinig whether
high-capacity dedicated tranport and high-capacity loops meet the "impairment" requirement
for unbundled network elements (Us) set fort in Section 251(d)(2) of the 1996 federa
Telecommuncations Act. Puruat to Section 251 (d)(2)(B), Qwest must provide access to
specific network elements if "the failure to provide access to such network elements would
impair the abilty of the telecommuncations carer seeking access to provide the services that it
seeks to offer."
YOU AR FURTHER NOTIFIED that the FCC's impairment stadad determnes
whether high-capacity transport and loops quaify as Section 251(c)(3) UNEs that Qwest must
provide to competitive local exchange carers (CLECs) at rates based on the FCC's tota
element long-ru incremental cost (TELRIC) pricing methodology, or whether they are no
longer subject to Section 251(c)(3) and instead are governed by the non-TELRIC pricing
stadard in Sections 201 and 202 of the Act. Under the TRRO framework, CLECs ar deemed
to not be impaied without access to DS 1 transport on routes connecting a pair of wire centers
where both wire centers contan at least four fiber-based collocators or at least 38,000 business
access lines. For DS3 trsport and dark fiber transport, there is no impairment on routes
connecting a pair of wire centers where both wire centers contan at least the fiber-based
collocators or at least 24,000 business lines.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINEORDER NO. 30592 1
YOU ARE FURTHER NOTIFIED that Qwests Petition states that it previously
implemented a detailed, multi-step process designed to generate accurate wire center data and
permit CLECs to verify the data and identify the wire centers in Qwests operating areas that
meet the non-impairment thresholds for DS 1 and DS3 loops. The data included, on a wire center
specific basis, numbers on switched business lines, UNE.P lines, UNE loops, and fiber
collocators. Based on the data, Qwest fied a list of wire centers with the FCC. According to
Qwests Petition, several'CLECs requested that varous state commissions open proceedings to
investigate the issues to determine and establish line counts and numbers of collocators in
Qwests wire centers. Thereafter in 2007, Qwest and several CLECs negotiated a multi-state
settlement agreement in the TRRO wire center dockets pending in Arizona, Colorado,
Minnesota, Oregon, Utah, and Washington.
YOU ARE FURTHER NOTIFIED that Qwests Petition states that it did not file for
approval of its non-impaired wire center list in Idaho as par of the earlier multi-state process.
Qwests Petition now seeks approval of the wire centers it has identified as meeting the non-
impaired standards, and requests that the Commission approve the process outlined in the
settlement agreement for identifying non-impaired wire centers in Idaho. Alternatively, if the
Commission does not approve Qwests non-impaired wire center list using the process agreed to
by the parties in the settlement agreement, Qwest requests that the Commission fully investigate
the wire center data issues and any related issues that the Commission may deem appropriate.
YOU ARE FURTHER NOTIFIED that the Petition, supporting workpapers and
exhibits have been filed with the Commission and are available for public inspection durng
regular business hours at the Commission offces. The Petition and other workpapers are also
available on the Commission's Website at ww.puc.idaho.gov under the "File Room" and then
"Telephone Cases."
DEADLINE FOR INTERVENTION
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter
for the purose of presenting evidence or cross-examining witnesses at hearng must fie a
Petition to Intervene with the Commission pursuat to the Commission's Rules of Procedure 72
and 73, IDAPA 31.01.01.072 and .073. Persons intending to paricipate at hearng must file a
Petition to Intervene no later than 21 days from the service date of this Order. Persons
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINEORDER NO. 30592 2
seeking intervenor status shall also provide the Commission Secretar with an electronic mail
address to faciltate fuher communications in this matter.
YOU ARE FURTHER NOTIFIED that persons desiring to present their views
without paries' rights of paricipation and cross-examination are not required to intervene and
may present their comments without prior notification to the Commission or to other paries.
YOU ARE FURTHER NOTIFIED that once the deadline for intervention has
passed, the Commission Secretary shall issue a Notice of Paries. The Notice of Paries shall
assign exhibit numbers to each party in this proceeding.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Title 62 of the Idaho Code and specifically Idaho Code §§ 62-615. The
Commission may enter any final Order consistent with its authority under Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter wil be
conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that persons desiring to intervene in this case for the
purose of presenting evidence or cross-examination at hearing shall fie a Petition to Intervene
with the Commission no later than 21 days from the service date of this Order.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINEORDER NO. 30592 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this q+Â
day of July 2008.'~~.~
MACK A REDFORD, PRESIDENT
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MARSHA H. SMITH, COMMISSIONER
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NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINEORDER NO. 30592 4