20040420Idaho Telephone Assoc.pdf

Conley E. Ward (ISB #1683)
Michael C. Creamer (ISB #4030)
GIVENS PURSLEY LLP
601 West Bannock Street
O. Box 2720
Boise, Idaho 83701-2720
Telephone: [phone]
Facsimile: 208-388-1300
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S:\CLIENTS\1233\184\Comments on Southwestern Bell Application.DOC
Attorneys for Idaho Telephone Association
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF SOUTHWESTERN BELL
COMMUNICATIONS SERVICES, INe.
DBA SBC LONG DISTANCE FOR A
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES
Case No: SBC-04-
COMMENTS OF IDAHO TELEPHONE
ASSOCIATION
Idaho Telephone Association ("ITA"), through its attorneys Givens Pursley LLP, on
behalf of its member independent local exchange carriers, and pursuant to IDAPA 31.01.01.203
and Commission Order 29449, hereby submits Comments on the above-captioned Application of
Southwestern Bell Communications Services dba SBC Long Distance ("SBCS"
COMMENTS
The independent local exchange carries on whose behalf IT A submits these
Comments currently are the exclusive providers of basic local exchange service within their
respective service areas pursuant to Certificates of Public Convenience and Necessity issued by
the Idaho Public Utilities Commission ("Commission
SBCS' Application seeks to provide resold and facilities based local exchange
and exchange access service within the State ofIdaho. SBCS proposes to provide competitive
local exchange carrier services including, but not limited to, basic local service and custom
COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 1
calling features, and data services to commercial and residential subscribers in Qwest
Corporation and Verizon Northwest Inc. exchanges. SBCS also proposes to provide exchange
access services to interconnecting carriers. SBCS also states it does not intend to offer
alternative operator services to the transient public.
Each of ITA's member local exchange carriers meet the definitions of a
Common Carrier
" "
Telecommunications Carrier" and "Rural Telephone Carrier" under the
Federal Telecommunications Act of 1996 ("1996 Act"
SBCS has not made a bona fide request to IT A's members for interconnection
services or network elements.
Any grant of certificate authority to SBCS should be made expressly subject to
the exemption of ITA members from the obligations of incumbent local exchange carriers under
section 251(c) of the 1996 Act, until such time as the requirements for lifting such exemption
contained in section 251(f) of the 1996 Act have been met.
The Commission s Notice of Application was issued on March 22, 2004 and the
comment deadline established by that notice was April 12, 2004. Through inadvertence, ITA'
counsel has not submitted these Comments by the deadline set by the Commission. However, it
does not appear that any party will be prejudiced, and it is respectfully requested that these late-
filed Comments be accepted and considered by the Commission.
Respectfully submitted this y of April 2004.
LEYLLP
By uItConley E. Ward
Michael C. Creamer
Attorneys for Idaho Telephone
Association
COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 2
CERTIFICATE OF SERVICE
I hereby certify that on this z.o ay of April 2004, I caused to be served a true and
correct copy of the foregoing by the method indicated below, and addressed to the following:
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83720-5983
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u.s. Mail
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Stacey A. Klinzman
Director-Regulatory Compliance
Miller Isar Inc.
7901 Skansie Avenue, Suite 240
Gig Harbor, W A 98335
Norman W. Descoteaux
Associate Director Regulatory
Southwestern Bell Communications, Inc.
5850 W. Las Positas Blvd.
Pleasanton, CA 94588
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COMMENTS OF IDAHO TELEPHONE ASSOCIATION - 3