20091026Response to Integra Errata Comments.pdf

Mary S. Hobson
Attorney & Counselor
999 Main, Suite i 103
Boise, ID 83702
208-385-8666
RC('CJ D., ..~~..JL""ï .'
2609 OCT 26 PH 3: 58
ID/J'10
UTiUT;ES
October 26,2009
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
Boise,ID 83702-5983
RE: Docket No. QWE-T-09-15
Dear Ms. Jewell:
Enclosed for filing with this Commission are an original and seven (7) copies of Qwest s
Response to Integra's Comments (Errata Filng) Regarding Qwests Petition for
Approval of Non-Impairment Status for DS3 Loops in the Boise Main Wire Center
together with the Response Affidavits of Rachel Torrence and Renee Albersheim.
Exhibit A to the Torrence affdavit is termed "Highly Confidential" under the terms of
the Protective Agreement and is being provided separately under seal and is accompanied
by an Attorney Certifcate.
If you have any questions, please contact me. Thank you for your cooperation in this
matter.
Very truly yours,
¿z!!t-
Enclosures
Mary S. Hobson (ISB No. 2142)
999 Main, Suite 1 103
Boise, ID 83702
Tel: [phone]
mary .hobson(fqwest.com
r:r-Ctr:1t i "-,..l D
20119 OCT 26 PM 3: 58
Alex M. Duarte
Corporate Counsel, Qwest
421 SW Oak St, 810
Portland, Oregon 97204
Tel: [phone]
alex. duarte(fgwest. com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITITES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S PETITION FOR
APPROVAL OF NON-IMPAIRMENT
STATUS FOR DS3 LOOPS IN THE
BOISE MAIN WIRE CENTER
Case No. QWE-T-09-15
Qwest's Response to Integra's Comments
(Errata Filing) regarding Qwest Petition for
Approval of Non-Impairment Status for DS3
Loops in the Boise Main Wire Center
Qwest Corporation ("Qwest") hereby responds to the October 1 9, 2009 comments (errata
filing) ofIntegra Telecom ofIdaho, Inc., Electrc Lightwave, Inc. dba Integra Telecom and
Eschelon Telecom, Inc. dba Integra Telecom (collectively "Integra") to Qwests petition for
approval of non-impairment status for DS3 loops in the Boise Main wire center. Qwests
petition is pursuant to, and in accordance with, the Federal Communications Commission's
("FCC's) Triennial Review Remand Order ("TRRO"). i Qwests petition is also in conformity
with this Commission's July 27,2009 Order No. 30866 in the Commission's initial TRRO non-
impaired wire center proceeding, Case No. QWE- T -08-07. Thus, its petition seeks to add DS3
loops in the Boise Main wire center to Qwests list of non-impaired wire centers in Idaho.
Qwest's Response to Integra's Comments (Errata Filing) i
regarding Qwests Petition for Approval of Non-Impairment
Status for DS3 Loops in the Boise Main Wire Center
The Commission should reject Integra's comments. For the reasons set forth here, and
the reasons in Commission Staffs October 13,2009 comments, the Commission should approve
Qwests petition for non-impairment status for DS3 loops in the Boise Main wire center.
INTRODUCTION AND PERTINENT BACKGROUND
A. Qwests Petition in Case No. QWE-08-07
As Qwest mentioned in its August 31,2009 petition at issue here, Qwest had previously
filed a petition in June 2008 for approval of its "non-impaired" wire center list in Idaho, pursuant
to the TRRO, so that carrers can implement the Section 251 (d)(2) non-impairment standards set
forth in the FCC's TRRO for high-capacity dedicated transport and loops. Qwests original
petition was docketed Case No. QWE- T -08-07. In that proceeding, Qwest submitted evidence
regarding the number of "business lines" and "fiber-based collocators," as those terms are
defined in the TRRO and the FCC's associated implementation rule, 47 CFR, § 51.5, in the Boise
Main and Boise West wire centers.
B. Order No. 30866 in Case No. QWE-08-07
On July 27,2009, after prefied testimony, briefing, and a stipulation which waived the
scheduled evidentiary hearing and submitted the record to the Commission for decision, the
Commission issued its Order No: 30866 ("Order"). In the Order, the Commission resolved
certain issues and disputes between Qwest and the "Joint CLECs" (Integra and 360networks)
that had intervened in the docket. The Commission also found that Qwest s Boise Main wire
center, with five fiber-based collocators, is a "Tier I" wire center and, thus, is non-impaired with
regard to DS 1 and DS3 transport services, and that Qwests Boise West wire center, with three
i Order on Remand, In the Matter of Review of Unbundled Access to Network Elèments. Review of Section
251 Unbundling Obligations of Incumbent Local Exchange Carriers, CC Docket No. 01-338, WC Docket No. 04-
313 (FCC reI. February 4, 2005) (hereafter "Triennial Review Remand Order" or "TRRO~').
Qwest's Response to Integra's Comments (Errata Filing) 2
regarding Qwests Petition for Approval of Non-Impairment
Status for DS3 Loops in the Boise Main Wire Center
fiber-based collocators, is a "Tier 2" wire center and, thus, is non-impaired with regard to DS3
transport services. However, as to Qwests non-impairment petition for DS3 loops in the Boise
Main wire center, the Commission declined to make a non-impairment determination, stating:.
"The record does not reveal whether the 2008 year-end data supports a finding of non-
impairment for DS3 loops in the Boise Main wire center." Order, p. 5. (Emphasis added.)
C. Qwests Petition in this docket
Accordingly, on August 31, 2009, Qwest filed a petition requesting the Commission's
approval of non-impairrent status for DS3 loops in the Boise Main wire center, using year-end
2008 business line data.2 Qwest also fied the affidavits of Renée Albersheim and Rachel
Torrence regarding the number of business lines and the number of fiber-based collocators,
respectively, in the Boise Main wire center. These affdavits included the highly-confidential
data supporting Qwests petition that this wire center is non-impaired for DS3 100ps.3
D. Notice of Petition and Notice of Modified Procedure and Comments
On September 22,2009, the Commission issued its Notice of Petition and Notice of
Modified Procedure. The notice allowed comments by October 13,2009. Order No. 30905.
On October 12, 2009, Integra fied comments, largely consisting of previously-proffered
advocacy that this Commission had not accepted in Case No. QWE- T -08-07, and which made
2 DS3 loop non-impairment results when a wire center houses a minimum of four "fiber-based collocators"
and supports at least 38,000 "business lines," as those terms are defined-in the TRRO and the FCC's associated
implementation rule, 47 CFR, § 51.. See e.g., 47 CFR, § 51.19(a)(5)(i).
3 Because this Commission has already designated the Boise Main wire center as being a "Tier 1" wire
center for DS1 and DS3 transport by virte of having exceeded the TRRO's minimum number of four fiber-based
collocators, there was no reason to readdress the number of fiber-based collocators in this wire center. Nevertheless,
Qwest reviewed the number of fiber-based collocators in the Boise Main wire center and once again confìrmed,with
sworn evidence (the August 28,.2009 Affidavit of Rachel Torrence), the presence ofjìve fiber-based collocators in
that wire center. This is one more fiber-based collocator than is required for such DS3 loop non-impairmenfstatus.
Qwest's Response to Integra's Comments (Errata Filing) 3
regarding Qwests Petition for Approval of Non-Impairment
Status for DS3 Loops in the Boise Main Wire Center
various meritless arguments that Qwest wil address below. Integra argued that Qwestspetition
should be denied, and it made several recommendations, which Qwest wil again address below.
The Commission's Staffthereafter submitted comments on October 13, 2009. Staff
correctly noted that the Commission had directed Qwest to provide its current (December 2008)
data, and that Qwest did provide the current line count data. Thus, Staff recommends approval
ofQwests petition.
Finally, on October 19,2009, Integra filed errata comments. The errata deleted previous
arguments about Qwests methodology for counting business lines for non-impairment purposes,
presumably because of the Commission rulings in Order No. 30866 in Case No. QWE-T-08-07.
RESPONSE
I. INTEGRA'S INABILITY TO "VERIFY" LOOP COUNT DATA IS MERITLESS
Integra argues that it is unable to "verify" the loop count data that Qwest associates with
Integra. However, this argument is completely without merit, and can easily be explained, which
easily shows the speciousnessofIntegra's argument.
The reason that Integra apparently cannot verify the line counts that Qwest associated
with Integra is that it is not using the same vintage of data that Qwest is using, namely,
December 2008, which this Commission required for DS3 loop non-impairment in the Boise
Main wire center (and which Integra itself had advocated). See Order, p. 5. That is, Integra is
using either August 31, 2008 data, or August 31, 2009 data, but not December 2008 data. (See
Errata Comments, pp. 2-3, fn. 5.) Thus, Integra's alleged inability to "verify" Qwests business
line counts for itself is of its own doing since it has engaged in an apples-to-oranges comparison.
(See Response Affidavit of Renée Albersheim ("Albersheim Response Affdavit"), ii 7.)
The Commission wil recall that the Joint CLECsin Case No. QWE-T-08-07 argued that
for DS3 loop non-impairment, "Qwest should have relied upon endof year 2008 switched
Qwest's Response to Integra's Comments (Errata Filing) 4
regarding Qwests Petition for Approval of Non-Impairment
Status for DS3 Loops in the Boise Main Wire Center
business line counts rather than end of year 2007." Order, p. 5. (Emphasis added.) (See also
Direct Testimony of Doug Denney, pp. 23, 36-38; Joint CLECs' Pre-hearing Brief, pp. 17-19.)
The Commission agreed, and thus declined Qwest s petition as to DS3 loops in the Boise Main
wire center because "(tJhe record does not reveal whether the 2008 year-end data suppOlis a
finding of non-impairment for DS3 loops in the Boise Maìn wire center." Order, p. 5.4
Accordingly, Qwest submitted December 2008 data in this petition, as required. Integra,
however, has apparently used an entirely different date ( either August 31, 2008, or August 31,
2009) for its business line counts.5 Thus, even though Integra's comments never explain how it
counted its business line data, or for which of the several Integra companies it was counting, itis
clear that its apples-to-oranges comparison explains why its data may not match Qwest's data.
4 The reason that the record in Case No. QWE-T-08-07 did not reveal 2008 year-end data was that Qwest
had not submitted any such data, as it had relied on year-end 2007 (December 2007) data. This data was based on
Qwests Automated Reporting Management Information System ("ARIS") 43-08 report to the FCCthat Qwest
had fied with its June 2008 petition. Thus, Qwest had not relied on any December 2008 data. (See e.g., Direct
Testimony of Renée Albersheim in Case No. QWE-T-08-07, at pp. 31-34; Reply Testimony of Renée Albersheim,
at pp. 21-22; see also Qwests Pre-hearing Brief, at pp. 35-36.) Since the Order requires D~cember 2008 data, that.s
precisely why Qwest submitted such data in this petition. (See August 28,2009 Affdavit of Renée Albersheim.)
5 Integra's comparison of August 31,2009 data to Qwests data is extremely odd for several reasons.
First, although Integra makes much ado about a tyPographical error in one of Qwests spreadsheets (seeErrata Comments, p. 6, and see p. 9, infra), it appears that Integra itself is guilty of a typographical error. That is, it
claims that "Integra's data is as of August 31,2008, the date of Qwests request for DS3 loop non-impairment."
(Errata Comments, fn. 4 (emphasis added).) However, Qwest assumes this is a typographical error, and that Integra
really means August 31, 2009, which was indeed the date that Qwest fied the present petition. .
More importantly, even assuming this to be true, it is. exceedingly odd that Integra would use August 31,
2009 data, especially since it knows full well that Qwest has used December 2008 data for its business line counts;
Indeed, not only is this clear from the petition (pp. 3-4), the August 28, 2009 Affidavit of Renée Albersheim (p. 3,
iiii 4-8) and Ms. Albersheim's Highly-Confidential Attachments A -- D, but it is also the data this Commission has
required, and that Integra itself advocated, in Case No. QWE-T-08-07. Order, p. 5. (See also Albersheim Response
Affdavit, ii 7; Direct Testimony of Doug Denney, pp. 23, 36-38; Joint CLECs' Pre-hearing Brief, pp. 17-19.)
Further still, Integra is well-aware that for business line counts in non-impairment proceedings, Qwest only
uses year-end data for the preceding year. Indeed, as Integra knows, Qwest uses its FCC ARMIS data, and such
business line data is fied by April 1 for the preceding year's data (December of the previous year). That is precisely
what Qwest did here, as well as in Case No. QWE-T-08-07, and in every TRRO non-impairment proceeding in its
ILEC region, most of which Integra has been a part. (See Albersheim Response Affdavit,ii 8.)
Accordingly, the only reasonable conclusion here is that Integra purposely used different business line data
to compare against Qwests business line data in an attempt to convince the Commission that its data and Qwests
business line data do not match. Obviously, Integra's business line counts, to the extent they are even based on the
same (numerous) operating companies in the Integra corporate family, are an apples-to-oranges comparison, and
thus are not meaningful at all. (See A1bersheim Response Affdavit, ii 8.)
Qwest's Response to Integra's Comments (Errata Filing) 5
regarding Qwests Petition for Approval of Non-Impairment
Status for DS3 Loops in the Boise Main Wire Center
Accordingly, the Commission should completely disregard Integra's coÌnments about its
alleged inability to "verify" business line counts.6 Despite Integra's attempts to cloud the issues,
there is no dispute that Qwest used December 2008 data for this case, as the Commission required.
II. THE DATA QWEST RELIES ON IS APPROPRIATELY EIGHT MONTHS OLD
Integra further complains that Qwest has relied upon switched business line count data
that is "almost a year old," or "at least 8 months old," at the time of Qwest's request for DS3
non-impairment in the Boise Main wire center. Integra's statement about eight-month data is
true as far as it goes, but there is nothing improper in Qwest doing so. Indeed, for the reasons set
forth in section I of this response (see pp. 4-6 and fns. 4-5, supra), this Commission required
Qwest to use year-end (December) 2008 data in Order No. 30866 for any new petition for DS3
loop non-impairment, which is precisely what Qwest did. See Order, p. 5.7 Accordingly, not
much more needs to be said, other than Qwest did not "go fishing back through time in attempts
to classify wire centers as non-impairment that do not currently meet the non-impairment status,"
or that "Qwest is attempting to "selectively choose the time period upon which it chooses to
rely." Indeed, the hypocritical and disingenuous nature ofIntegra's comments are shown by the
fact that Qwest did precisely what this Commission has required, and that Integra itsel!
advocated in Case No QWE-T-08-07. See Order, p. 5. (See also Direct Testimony of Doug
Denney, pp. 23 ("Qwest should have used December 208 line counts, rather than December 2007
6 For these reasons, Integra's repeated comments (in this docket and in Case No. QWE-T-08-07) about one
wire center in Minnesota where Qwest withdrew its request for non-impairment is completely irrelevant here.
Qwest has already addressed this Minnesota wire center example in Case No. QWE-T-08-07 (see Rebuttal
Testimony of Rachel Torrence, pp. 20-22), and it need not repeat the explanation here.
7 Qwest also notes that it promptly fied its petition here a little more than a month after the Commission
had issued its order in Case No. QWÈ-08-07.
Qwest's Response to Integra's Comments (Errata Filing) 6
regarding Qwests Petition for Approval of Non-ImpairmentStatus for DS3 Loops in the Boise Main Wire Center
line counts, to support non-impairment status for DS3 loops in the Boise Main wire center"), 36-
38; Joint CLECs' Pre-hearing Brief, pp. 17-19.)8 Qwest meets DS3 loop non-impairment here.
III. QWEST DID NOT FAIL TO SUBMIT COLLOCATION EVIDENCE
Integra also makes much ado that Qwest needs to submit "supporting data" for fiber-
based collocations in its new petition. Integra protests too much, as this Commission has already
established the number of fiber-based collocators in the Boise Main wire center, which Integra
conceded as undisputed. See Order, pp. 4, 8. Thus, the number need not be addressed again.
Moreover, even if it-were necessary, Qwesthas already provided evidence, through the
sworn August 28,2009 Affidavit of Rachel Torrence, confirming the presence of the samefi.ve
fiber-based collocators that were at issue in Case No. QWE-T-08-07: Ms. Torrence further
confirmed there were no decommissioning of any collocations in the Boise Main wire center,
and thus that this wire center "stil housed the previously identified five fiber-based collocators."
(See August 26, 2009 Affidavit of Rachel Torrence, irir 7- 8.)
Although Integra argues that Qwest "failed to supply required supporting documentation
to support that claim," it conveniently ignores that Ms. Torrence's sworn affidavit is undisputed
evidence of the presence of these same five fiber-based collocators. Integra certainly does not
dispute Ms. Torrerice's evidence. Nor does Integra request a hearing because of any concern that
the evidence she presents about these same five collocators is somehow untrue. It appears that
Integra somehow believes that a sworn affidavit from Qwests collocation witness (the same
witness who submitted testimony in Case No. QWE-T-08-07, and who asserts she is
knowledgeable about these issues) is not sufficient evidence of this fact, or that somehowmore is
8 Moreover, the FCC stated in the TRRO (i! 105) that "by basing our definition aii ARIS filing required of
incumbent LECs, and adding UNE figures, which must also be reported, we can be confident in the accuracy of the
thresholds, and a simplified ability to obtain the necessary information." Qwest has presented 2008 ARIS data to
this Commission. Qwest meets the non-impairment threshold for DS3 loops.
Qwest's Response to Integra's Comments (Errata Filing) 7
regarding Qwests Petition for Approval of Non-Impairment
Status for DS3 Loops in the Boise Main Wire Center
needed. However, absent any basis for Integra to dispute what Ms. Torrence says, which it has
not presented, there is sufficient (and undisputed) evidence to support Qwest's petition regarding
the same five fiber-based collocators that this Commission has already found are fiber-based
collocators in the Boise Main wire center in the order in Case No QWE-08-07.9
iv. THE TIME PERIOD OF QWEST'S DATA IS NOT "UNCLEAR"
Consistent with its overall theme of objecting for the mere sake of objecting, Integra
makes a last-ditch and desperate effort to cast doubt on Qwest's evidence because an exhibit to
Ms. Albersheim's affidavit contains a table with an indication of"2007l2." Thus, Integra claims
it is "unclear" whether Qwest is using "December 2007" business line data, instead of December
2008 data, and that "in no event should Qwest have relied upon line data that was 20 months old
at the time Qwest made its filing." (Errata Comments, p. 6 (emphasis added).) Once again,
Integra protests too much, and its protests are all the more odd given that Integra should know
better (and indeed, does know better).
Specifically, Integra already has Qwest's December 2007 business line data for the Boise
Main wire center from the record in Case No. QWE-T-08:.07. Thus, Integra clearly is in a
position to compare this data with the data in Case No. QWE- T -08-07 to determine whether
Qwest had inadvertently used December 2007 data instead of December 2008. If it had done so,
it would have easily seen that Qwest has not used December 2007 data.
9 Integra itself recognizes that this Còmmission recently reviewed the number of fiber-based collocations in
the Boise Main wire center, and there are likely no material changes since that review (only a couple of months ago)
that would impact whether Qwest meets the DS3 loop fiber-based collocation non-impairment threshold. (ElTata
Comments, fn. 11.) Moreover, Integra fails to mention that this Commission found./ìve fiber-based collocators in
theBoise Main wire center, which Integra itself conceded, and which is one more fiber-based collocator than is
required for DS3 loop non-impairment. Absent any basis for Integra to dispute the factual basis of Ms. Torrence's
sworn affidavit about the presence of the same five fiber-based collocators that this Commission has previously (and
recently) found in the Bose Main wire center, the Commission should disregard Integra's comments. Nevertheless,
just so there is no dispute that these same five fiber-based collocators were stil in the Boise Main wire center at the
time of Qwest s August 31, 2009 filing, Qwest submits a response affidavit of Ms. Torrence confirming that fact.
Qwest's Response to Integra's Comments (Errata Filing) 8
regarding Qwests Petition for Approval of Non-Impairment
Status for DS3 Loops in the Boise Main Wire Center
More importantly, Qwests petition (at pp. 3-4) and its sworn evidence in this case (the
August 28, 2009 Affidavit of Renée Albersheim, p. 3, irir 4-8 and Highly-Confidential
Attachments A through D) make it very clear that Qwest relies on December 2008 data, and not
December 2007 data, which the Commission had previously rejected. Integra, of course,
conveniently makes no claim that it trulybelicves that Qwest has used December 2007 data (or
"data that was 20 months old at the time Qwest made its filing"), because it cannot. Instead, it
apparently would rather try to cast doubt on what is easily explained as a typographical error.
(See Albersheim Response Affidavit, ir 5 (confirming this was just a typographical error, and that
Qwest used December 2008 business line data for the Boise Main wire center).) Typographical
errors happen sometimes (as shown by Integra's own typographical error in referrng to the
vintage of data that it erroneously used to compare its line counts with those that Qwest had
submitted). (See Errata Comments, fn. 5, and discussion, supra, at fn. 5.) This is a non-issue.
v. THE COMMISSION SHOULD GRANT QWEST'S PETITION ON MODIFIED
PROCEDURES, WITHOUT A HEARING
Finally, the Commission should grant Qwests petition for DS3 loop non-impairment in
the Boise Main wire center on its Modified Procedure, and without the need for a hearing, which
Integra did not request, and which is not needed in any event. Although Integra had an
opportunity to do so in its comments, it does not request a hearing, nor does it argue that a
hearing is necessary. Moreover, while Integra makes several meritless arguments, and states
general conclusions about alleged concerns with Qwests data, it does not provide any specificity
regarding any such concerns. Moreover, Qwest has addressed the comments in this response.
. Accordingly, Qwest respectfully submits that based on Qwests petition, the original
affidavits of Renée Albersheim and Rachel Torrence, its response here, and the response
affidavits of Ms. Albersheim and Ms. Torrence, the Commission has everything it needs to
Qwest's Response to Integra's Comments (Errata Filing) 9
regarding Qwests Petition for Approval of Non-Impairment
Status for DS3 Loops in the Boise Main Wire Center
decide this petition on Modified Procedure. The Commission can issue its order approving
Qwestspetition based on the written positions in this docket. Thus, Qwest respectfully submits
the Commission should grant Qwests petition for approval ofDS3 loop non-impairment status
in the Boise Main wire center as an addition to its non-impaired wire center list in accordance
with the FCC's TRRO and Order No 30866 in Case No QWE-T-08-07, on Modified Procedure.
CONCLUSION
Accordingly, Qwest respectfully requests the Commission reject Integra's comments in
their entirety. Qwest further respectfully requests the Commission approve Qwests addition of
the Boise Main wire center to its Idaho non-impaired wire center list with respect to DS3 loops.
Dated: October 26, 2009 Respectfully submitted,
QWEST CORPORATION
By
Alex M. Duarte
QWEST
421 SW Oak Street, Room 810
Portland, OR 97204
[phone]
[phone] (facsimile)
Alex.Duarte(fqwest.com
Mary S. Hobson (ISB. No. 2142)
999 Main, Suite 1103
Boise, ID 83702
Tel: [phone]
mary.hobson(fgwest. com
Attorneys for Qwest Corporation
Qwest's Response to Integra's Comments (Errata Filing) i 0
regarding Qwests Petition for Approval of Non, Impairment
Status for DS3 Loops in the Boise Main Wire Center
Mar S. Hobson (ISH. No. 2142)
999 Main, Suite 1103
Boise, ID 83702
Tel: [phone]
mar.hobson(!qwest.com
Alex M. Duare
Corporate Counsel, Qwest
421 SW Oak St, 810
Portand, Oregon 97204
Tel: [phone]
alex. duare(!qwest. com
Attorneys for Qwest Corporation
BEFORE TH IDAHO PUBLIC UTILITITES COMMSSION
IN TH MATTER OF QWEST
CORPORATION'S PETITION FOR
AFPROV AL OF NON-IMAINT
STATUS FORDS3 LOOPS IN TH
BOISE MA WI CENTER
Case No. QWE-T-09-15
RESPONSE AFFIAVI OF RENÉE ALBERSHEIM
STATE OF COLORAO )
) ss.COUNTY OF DENVR )
I, RENÉE ALBERSHEIM being first duly sworn, depose and state that:
1. My name is Renée Albersheim. I am employed by Qwest Corporation as a
Staff Witnessing Representative in the Wholesale Organzation. My business
address is 1801 Californa St., 24th Floor, Denver, Colorado 80202.
2. On August 31, 2009, Qwest filed a petition with this Commission requesting
approval of "non-impairment" status for DS3 loops at the Boise Main wire
center pursuant to the Federal Communications Commission's ("FCC's)
ALBERSHEIM AFFIDAVIT - 1 -
Triennial Review Reman Order ("TRO") and ths Commission's Order No.
30866 in Case No. QWE- T -08-07. DS3 loop non-impairment results when a
wire center houses a minimum of four fiber-based collocators and supports at
least 38,000 "business lines," as that term is defined in the TRO and the FCC's
associated implementation rule, 47 CFR 51.5. Rachel Torrence and I filed
affdavits and data in support of Qwest s petition.
3. In support of Qwests August 31, 2009 fiing, Qwest prepared "business line"
data that is in compliance with the TRO's requirements and the requirements
in Order No. 30866 in Case No. QWE-T-08-07. The business access line data
for the Boise Main wire center that is at issue in this case were attached as
Highly-Confidential Attachments A, B, C and D to my affdavit.
4. On October 12,2009, Integra fied comments in opposition to Qwests petition.
On October 19,2009, Integra filed an errata to its previously-filed comments by
deleting its previous arguments about Qwest s methodology of counting
business lines for non-impairment purposes, presumably because of this
Commission's rulings in Order No. 30866 in Case No. QWE-T-08-07. This
affdavit is in response to Integra's October 19,2009 errata comments.
5. Qwest fied the most current data available. As this Commission ordered in
Order No. 30866 in Case No. QWE-T-08-07, Qwest filed its most current
business line data available for the Boise Main wire center with its petition;
specifically, business line count data from the end of December 2008. This fact
is stated in Qwest s petition, in my original affdavit, and in the header for
Attachment A to my original affdavit. Integra apparently places much weight
on a tyographical error contained in one column header in Exhbit A, which it
apparently believes may indicate a wrong year. I reaffirm here that the data that
Qwest provided in its petition represents December 2008 business line counts
for the Boise Main wire center.
6. Integra's alleged concern about the age of Qwest's data. Integra complains
about the age of Qwests data. However, Integra is well aware that Qwest only
ALBERSHEIM RESPONSE AFFIDAVIT 2
collects business line data once a year, at the end of the year. This is so because
the source of the business line data that Qwest presents in this and other non-
impaired wire center cases is the business line data that Qwest files with the
FCC in its Automated Reporting Management Information System ("ARS")
43-08 report, which is year-end (December) data that Qwest files with the FCC
by April 1st of the following year. This fact was thoroughly explained in the
petition here, my original affdavit, and in Case No. QWE- T -08-07, as well as
in the other TRO non-impaired wire center dockets in other states in which
Integra has been involved. Thus, the data that Qwest fied with its petition in
this case is the most current data available for the Boise Main wire center;
specifically, the business line data collected at the end of December 2008.
7. Qwest cannot verify the vintage of Integra's data. Integra provided alleged
Integra "loop counts" (but without any back-up documentation or calculations
showing how it reached these total loop counts) in its comments that it claims
are contrar to Qwest s business line data. (See Integra's Comments, pages 2-
3.) Qwest canot determine the vintage of the data that Integra provides (nor is
it clear which of the several CLEC companies that are par of the Integra
corporate family were included). The only statement that Integra provided to
indicate when its data was collected is footnote 5 to Integra's comments, which
states: "Integra's data is as of August 31, 2008, the date of Qwests request for
DS3 loop non-impairment." (Emphasis added.) Qwest notes, however, that it
fied its petition in this case on August 31, 2009. Thus, Qwest does not know
whether Integra's data is dated four months prior to December 31, 2008, or
eight months after December 31, 2008. Either way, however, Integra's data is
not of the same vintage as Qwests data. These data sets are snapshots of
business line counts taken at two different points of time, and therefore canot
be expected to match. Integra's comparison is an apples-to-oranges
comparison.
8. Moreover, it is very surprising that Integra would use August 31 data to
compare, especially given that it knows full well that Qwest has used December
ALBERSHEIM RESPONSE AFFIDAVIT 3
2008 data for its business line counts here. Further stil, Integra was a pary in
Case No. QWE-T-08-07, and in most of Qwests other TRO non-impaired
wire center dockets in other states, and thus is fully aware that Qwest uses only
year-end (December) business line data from the preceding year, which Qwest
then files with the FCC in its ARS 43-08 report the following ApriL. Here,
since Qwest filed this petition on August 31, 2009, and thus its most current
business line data is the December 2008 data that it filed with its ARS 43-08
on April 1, 2009, Qwest filed December 2008 business line data, as this
Commission ordered in Order No. 30866 in Case No. QWE- T -08-07.
9. Qwest would qualify for non-impairment even if Integra's data were used.
Finally, even ignoring the vintage of Integra's data, Integra's total counts are
higher than those that Qwest provided, which would indicate that the Boise
Main wire center qualifies for non-impairment for DS3 loops. This is especially
true given that DS 1 loops and DS i EELs are counted in the same way, as each
represents 24 lines in service, and in the end, the totals for both tyes of loops
are the same whether one uses Integra's data or Qwest s data.
Further affant sayeth not ..~A/L~
RENÉE ALBERSHEIM
SUBSCRIED AN SWORN to before me thea3 day of October, 2009.
~ÚCDL~l.J
NOTARY UBLIC
My Commission Expires:
\0- d\\- \()JODI COYNE
NOTARY PUBLIC
STATE OF COLORADO
My ComrrissiJr; ¡:xpires 10/24/2010
ALBERSHEIM RESPONSE AFFIDAVIT 4
Mary S. Hobson (ISB. No. 2142)
999 Main, Suite 1103
Boise,ID 83702
Tel: 208~385-8666
mary.hobson(fqwest.com
Alex M. Duarte
Corporate Counsel, Qwest
421 SW Oak St, 810
Portland, Oregon 97204
Tel: [phone]
alex.duarte(fgwest.com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTIUTITES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S PETITION FOR
APPROVAL OF NON-IMPAIRMENT
STATUS FOR DS3 LOOPS IN THE BOISE
MAIN WIRE CENTER
Case No. QWE-T-09-15
RESPONSE AFFIDAVIT OF RACHEL TORRNCE
STATE OF COLORADO )
) ss.COUNTY OF ARAHOE )
I, RACHEL TORRNCE, being first duly sworn, depose and state that:
1. My name is Rachel Torrence. I am employed by Qwest Corporation as a Director
supporting Network Operations. My business address is 700 W. Mineral, Littleton,
Colorado, 80120.
2. On July 27,2009, the Idaho Commission issued its Order No. 30866 in Case No. QWE-
T-08-07, in which it found that Qwests Boise Main wire center, with five fiber-ba.sed
collocators, was a "Tier 1" wire center and therefore, is non-impaired with regard to DS 1
and DS3 transport services.
TORRNCE RESPONSE AFFIDAVIT - 1 -
3. However, in its Order No. 30866, the Commission declined to make a determination of
non-impairment for DS3 loops, and stated: "The record does not reveal whether the 2008
year-end (business line J data supports a find of non-impairment for DS3 loops in the
Boise Main wire center." Order 30866, p. 5.
4. Accordingly, on August 31, 2009, Qwest filed a petition with this Commission requesting
approval of non-impairment status for DS3 loops at the Boise Main wire center. DS3
loop non-impairment results when a wire center houses a minimum of four fiber-based
collocators and supports at least 38,000 "business lines," as that term is defined in the
TRRO and the FCC's associated implementation rule, 47 CFR 51.5. Renee Albersheim
and I fied affdavits and data in support of Qwests petition. My affdavit, dated August
26,2009, discussed the five fiber-based collocators in the Boise Main wire center, which
were the same collocators at issue in Case No. QWE-T-08-07. The five fiber-based
collocators at the Boise Main wire center are also one more fiber-based collocator that is
required for Tier 1 non-impairment.
5. as stated, this Commission has already recently established in Case No. QWE-T-08-07
that the Boise Main wire center is a Tier 1 non-impaired wire center for DSI and DS3
transport, based on the number of fiber-based collocators in that wire center. Therefore,
Qwest does not believe that the number of fiber-based collocators in that wire center
needs to be readdressed for purposes of a finding that the wire center has the requisite
number of fiber-based collocators for DS3 loop non-impairment. Nevertheless, as
I mentioned in my August 26, 2009 affidavit, I reviewed the number of fiber-based
collocators in the Boise Main wire center, and once again confirmed the presence of the
same five fiber-based collocators that were at issue in Case No. QWE-T-08-07, which is
sufficient for non-impairment status for DS3 loops.
6. In addition, as I stated in my August 26, 2009 affdavit (paragraph 8), I determined that
no collocations in the Boise Main wire center had been "de-commissioned" (taken out of
service), and that in April 2009, I confirmed that the Boise Main wire center stil housed
the five previously-identified fiber-based collocators.
TORRNCE RESPONSE AFFIDAVIT 2
7. Notwithstanding, and in an effort to allay the concerns that Integra has raised in its recent
comments, earlier this month Qwest undertook the extraordinary step of revalidating the
number of fiber-based collocators in the Boise Main wire center. This out-of-process
validation once again reconfirmed the presence of the same five fiber-based collocators
that were at issue in Case No. QWE-T-08-07. This evidence, along with the fact that
there have been no decommissions of any collocations in the Boise Main wire center,
shows that the same five fiber-based collocations at issue in Case No. QWE- T -08-07
have been continuous since Qwest first presented its evidence in Case No. QWE- T-08-
07. As such, this evidence defeats any suggestion by Integra that the requisite number of
fiber-based collocators at the Boise Main wire center that the Commission found in Case
No. QWE- T -08-07 might no longer be applicable for purposes of this new petition for
DS3 loop non-impairment. Thus, this evidence further supports the Tier 1 non-
impairment status of the Boise Main wire center for DS3 loops. Attached as Exhibit A is
the collocation verification worksheet used to validate these same five fiber-based
collocators that were at issue in Case No. QWE-T-08-07.
8. Accordingly, the Commission's previous designation of the Boise Main wire center as a
Tier 1 wire center for purposes of DSI and DS3 transport in Case No. QWE-T-08-07,
and the recently-confirmed number of the same five existing fiber-based collocators in
my affdavits, support a Commission finding that the Boise Main wire center is non-
impaired for DS3 loops as well.
Further affant sayeth not.
BSCRIBED AND SWORN to before me th~day of October, 2009.
~ ~'7./N~¿J~JAEERONotarv PubicSIa::C:7.. .1
My C~wiösiinìbfires:
TORRNCE RESPONSE AFFIDAVIT 3
Highly Confidential Exhibit A
To the Affidavit of Rachel Torrence
Filed Under Attorney Certificate
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing Response to Integra's
Comments (Errata Filng) Regarding Qwest's Petition for Approval of Non-
Impairment Status for DS3 Loops in the Boise Main Wire Center together with the
Response Affidavits of Rachel Torrence and Renee Albersbeim. were served on the
26th day of October, 2009 on the following individuals:
Jean D. Jewell
Idaho Public Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, il 83702
Telephone [phone]
Facsimile: [phone]
ii ewell(à)puc. state.id. us
i Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Douglas K, Denney
Integra Telecom, Inc.
6160 Golden Hills Drive
Golden Valley, MN 55416
dkdenney(à)integratelecom.com
Hand Delivery
X_ U. S. Mail
Overnight Delivery
Facsimile
_X _ Email
M~~
Attorney for Qwest Corporation