20080707Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
LEG AL
FROM:WELDON STUTZMAN
DEPUTY ATTORNEY GENERAL
DATE:JUNE 30, 2008
SUBJECT:QWEST CORPORATION'S PETITION FOR APPROVAL OF NON-
IMP AIRED WIRE CENTER LISTS, CASE NO. QWE- T -08-
On June 20, 2008, Qwest Corporation filed a Petition requesting Commission
approval of Qwest's non-impaired wire center lists compiled pursuant to the Federal
Communications Commission s Triennial Review Remand Order (TRRO). The TRRO, among
many other things, established a standard for determining whether high-capacity dedicated
transport and high capacity loops meet the "impairment" requirement for unbundled network
elements (UNEs) set forth in Section 251 (d)(2) of the 1996 federal Telecommunications Act.
Pursuant 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 ability of the
telecommunications carrier seeking access to provide the services that it seeks to offer.
The FCC's impairment standard determines whether high-capacity transport and
loops qualify as Section 251(c)(3) UNEs that Qwest must provide to competitive local exchange
carriers (CLECs) at rates based on the FCC's total element long-run 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 standard in Sections 201 and 202 of the Act. Under the
TRRO framework, CLECs are deemed to not be impaired without access to DS 1 transport on
routes connecting a pair of wire centers where both wire centers contain at least four fiber-based
collocators or at least 38 000 business access lines. For DS3 transport and dark fiber transport
there is no impairment on routes connecting a pair of wire centers where both wire centers
contain at least three fiber-based collocators or at least 24 000 business lines.
DECISION MEMORANDUM
Qwest's 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 Qwest's operating areas that meet the non-impairment thresholds for DS I 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 filed a list of
wire centers with the FCC. According to Qwest's Petition , several CLECs requested that various
state utilities commissions open proceedings to investigate the issues to determine and establish
line counts and numbers of collocators in Qwest's 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.
Qwest's Petition states that it did not file for approval of its non-impaired wire center
list in Idaho as part of the earlier multi-state process. Qwest's 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 Qwest's 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.
Staff recommends that the Commission issue a Notice of Petition and Notice of
Intervention. Following the intervention period, Staff will schedule a prehearing conference and
meet with the parties to determine the best procedure for completing the docket.
COMMISSION DECISION
Should the Commission issue a Notice of Petition and Notice oflntervention?
-"--'--"-"'----"
Weldon B. Stutzman
Deputy Attorney General
bls!M:QWE-O8-07 _
DECISION MEMORANDUM