20030911Application.pdf

Anga Velasquez È$
From:Birdelle Brown
Sent:Monday,September 09,2002 11:47 AMTo:AngaVelasquezSCuject:risL gD stance Company Tariffs NEWC A SE
What follows is Qwest's authorization to pull USLD tariffs.
-----Original Message-----From:Birdelle Brown
Sent:Monday,September 09,2002 11:46 AMTo:'Susan Mohr'Subject:RE:Long Distance Company Tariffs
Thanks for your reply.It will be sufficient.Have a good week!
-----Original Message-----From:Susan Mohr [mailto:[e-mail]]
Sent:Monday,September 09,2002 11:34 AM
To:Birdelle BrownSubject:Re:Long Distance Company Tariffs
Hi Birdelle,
I got the word that yes,Qwest would like to also pull the USLD longdistancetariff/price list.Would you like a formal letter requestingthis,or will this e-mail suffice?
Susan
"Birdelle Brown"<[e-mail]>on 09/06/2002 03:01:21 PM
To:"Susan Mohr (E-mail)"<[e-mail]>
cc:
Subject:Long Distance Company Tariffs
'I (finally)got a copy of the July 14 letter from Mary advising us tocancellongdistancetariffsforLCIandPhoenixandtheCPCNforLCI.LCI's CPCN was cancelled in the same order as Qwest's was granted.Thankyouforthisinformation.
The one thing that is still undone is USLD's long distance tariff.MyrecollectionisthattheyweresoldtoLCI,but wanted to keep their USLDtariffineffectuntilfurthernotice.Joe says he is sure you want itwithdrawn,but said I should ask you for confirmation.An email OK to pullthistariffwouldbewonderful.
Additionally,Joe suggested you make sure the certificates issued by theSecretaryofStateforthesecompaniesarepulled.
Once again,thanks for your help.Sorry I didn't have that letter in thefirstplace,but Oh Welllllll.
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Page 1 of 1
Anga Velasquez
From:Birdelle Brown
Sent:Monday,September 09,2002 5:14 PM
To:ALYSON ANDERSON (E-mail);Anga Velasquez;Chris Adams;Nancy Harman
Subject:Revisions 09/09/02
US Long Distance,Inc aka USLD 09/09/02 Pull Tariff
Communications
9/10/2002
Office of the Secretary
Service Date
August 27,2002
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION FOR )A CERTIFICATE OF PUBLIC CONVENIENCE )CASE NO.QCC-T-02-01ANDNECESSITYFORQWEST)COMMUNICATIONSCORPORATION.)ORDER NO.29099
On April 24,2002,Qwest Communications Corporation (QCC)filed an Application
for a Certificate of Public Convenience and Necessity to provide basic local exchange service
within the State of Idaho.QCC is a wholly-ownedsubsidiary of Qwest Service Corporation,
which also owns Qwest Corporation.Qwest Corporation is an incumbent local exchange carrier
in Idaho and a Bell Operating Company (BOC)as defined by the 1996 Telecommunications Act.
QCC intends to provide intra and interLATA toll service upon approval from the Federal
Communications Commission pursuant to 47 U.S.C.§271 and §272.
Section 272 requires a BOC,which includes Qwest Corporation,to provide
interLATA services throtigh an affiliate separate from the BOC.As initially stated in its
application,QCC also intends to provide local exchange service and vertical features to business
and residential customers in the service area of Qwest Corporation and Verizon Northwest,Inc.,
using both its own facilities and resold service or unbundled network elements.QCC's local
telecommunications services would be subject to the Commission's jurisdictionpursuant to Title
62,Idaho Code.
On June 10,2002,the Commission issued a Notice of Application and Notice of
Modified Procedure to process QCC's Application.During the comment period,written
comments were filed only by the Commission Staff.Staff determined that QCC met the
Commission's filing requirements for approval of a CPCN,but raised concerns regarding the
joint marketing of services.Staff expressed concern that customers may not understand the
distinction between the regulated basic local service provided by Qwest Corporation and the
relatively unregulated basic local service provided by QCC,especially if those services are
marketed by the same entity.In reply comments,QCC asserted joint marketing by QCC and
Qwest Corporation is expressly permitted by Section 272 of the Telecommunications Act.
Nevertheless,QCC on August 12,2002,filed a motion to amend its application "to exclude the
ORDER NO.29099 1
_Idaho service territory in which Qwest Corporation operates as the incumbent local exchange
carrier."Accordingly,QCC now seeks authorization to provide local service only in the service
area of Verizon.
In a related matter,QCC by letter dated June 14,2002,asked the Comrnission to
withdraw the CPCN previously issued to LCI Intemational Telecori Corp.(LCI).QCC
explained that LCI was a commonlyowned affiliate of QCC,now merged into QCC.Because
LCI no longer exists,QCC asks the Commission to approve the withdrawal of LCI's operating
certificate.
DISCUSSION
Section 272 creates specific operating requirements for QCC and Qwest,and allows
for some joint marketing of services.Section 272(g)(3)states that "the joint marketing and sale
of services permitted under this subsection shall not be considered to violate the
nondiscrimination provisions of subsection (c)."The joint marketing referred to and thus
"permitted under this subsection,"in terms of this case,would be marketing by QCC of Qwest's
local exchange services and Qwest's marketing of QCC's long-distance service.See 47 U.S.C.
§272 (g)(1)and (2).The section does not refer to QCC's marketing of local service,ostensibly
in competition with Qwest's local service.Because QCC has amended its application to limit its
basic local service authorityto non-Qwest territory,the Commission need not determine whether
joint marketing of local service by QCC and Qwest would violate legal or public policy
standards.
We also note that Section 272 sets forth specific requirements for the relationship
between Qwest and QCC.'For example,QCC must "operate independently"from Qwest.47
U.S.C.§272(b)(1).The companies must maintain separate records and accounts,and have
separate officers,directors and employees.47 U.S.C.§272(b)(2)and (3).Transactions between
the two companies must be conducted "on an arm's length basis,"and must be reduced to
writing.47 U.S.C.§272(b)(5).Qwest may provide facilities and services to QCC only if "such
services or facilities are made available to all carriers at the same rates and on the same terms
and conditions,and so long as the costs are appropriately allocated."47 U.S.C.§272.(e)(4).It
will be easier for QCC and Qwest to meet these requirements where they are not attempting to
provide local service in the same areas of the state.
ORDER NO.29099 2
With the modification to QCC's Application to limit its local service authority to the
area served by Verizon,the Commission finds that QCC has satisfied the Commission's
requirements for receiving a CPCN.The Commission will issue this Order approving the
Application of QCC for a Certificate of Public Convenience and Necessity to provide basic local
exchange service within the service area of Verizon Northwest,Inc.The Commission also
approves QCC's withdrawaÌ of the certificate issued to LCI International Telecom Corporation.
The CPCN issued to LCI no longer is in force and effect.
O RD ER
IT IS HEREBY ORDERED that the Application of Qwest Communications
Corporation for a certificate of public convenience and necessity to provide basic local exchange
rvice in that part of the state served b -
,.
IS FURTHER ORDERED that the Certificate of Public Convenience and
Necessity issued to LCI International Telecom Corporation is withdrawn and is no longer
effective.
2 .y person m eres e m this Order (or in issues finally
decided by this Order)or in interlocutoryOrders previouslyissued in this Case No.QCC-T-02-1
may petition for reconsideration within twenty-one (21)days of the service date-of this Order
with regard to any matter decided in this Order or in interlocutory Orders previouslyissued in
this Case No.QCC-T-02-1.Within seven (7)days after any person has petitioned for
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §61-
626.
ORDER NO.29099 .3
DONE by Order of the Idaho Public Utilities Conunission at Boise,Idaho this
day of August 2002.
PA~Ii KJELL SIDENT
MARSHA H.SMITH,COMMISSIONER
ENNIS S.HËNSEË,$OMMISSIONER
ATTEST:
Je D.Jewell U
comunssion Secretary
vld/O:QCCTO201_ws2
ORDER NO.29099 4
IDSOS Viewing Business Entity Page 1 of2
'Idaho Secretary of State
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USLD COMMUNICATIONS,INC.
9311 SAN PEDRO STE.300
SAN ANTONIO,TX 78216
lype of Business:CORPORAllON,GENbkAL BUSINbbs
Status:ADMIN REVOKED,ADMIN REVOKE 10 Feb 1999
State of Origin:TEXAS
Date of 20 Jun 1991Origination/Authorization:
Current Registered Agent:CT CORPORATION SYSTEM
300 N 6TH ST
BOISE,ID 83701
Organizational ID /Filing C95608
Number:
Number of Authorized Stock N/A
Shares:
Date of Last Annual Report:N/A
Amendments:
Amendment 0 filed 20 Jun CERTIFICATE OF View Document
1991 AUTHORITY Online
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Amendment 1 filed 03 Sep MERGED WITH HOBIC-PLUS,INC
1991
Amendment 2 filed 29 Sep NAME CHANGED TO USLD View Document
1997 COMMUNICATIONS,INC.Online
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Annual Reports:
Report for year 1991 ANNUAL REPORT View Document_O_aline
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Report for year 1992 ANNUAL REPORT View Document Online
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Report for year 1993 ANNUAL REPORT View Document Online
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Report for year 1993 CHNG RA/RO View Document Online
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Report for year 1994 ANNUAL REPORT View Document Online
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Report for year 1995 ANNUAL REPORT View Document Online
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Report for year 1995 CHNG RA/RO View Document Online
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Report for year 1996 ANNUAL REPORT View Document Online
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Report for year 1997 ANNUAL REPORT View Document Online
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Report for year 1997 CHNG RA/RO View Document Online
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Idaho Secretary of state's Main Page State of Idabo HQme Page
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