27234.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OFUS WEST COMMUNICATIONS, INC. TO BE DESIGNATED AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER.
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CASE NO.  USW-T-97-19
NOTICE OF APPLICATION
NOTICE OF MODIFIED
         PROCEDURE
ORDER NO.  27234
On November 14, 1997, U S WEST Communications, Inc. filed an Application requesting that the Commission designate it as an eligible telecommunications carrier in each of its serving wire centers in its certified area as reflected by Certificate of Public Convenience and Necessity No. 313 (NOID) and Certificate of Public Convenience and Necessity No. 255 (SOID) on an interim basis.
U S WEST serves eight wire centers and approximately 30,662 access lines in its northern Idaho operations pursuant to Certificate of Public Convenience and Necessity No. 313; and in its southern Idaho operations, it serves 59 wire centers and approximately 438,578 lines pursuant to Certificate of Public Convenience and Necessity No. 255.  Both certificates are on file with the Commission.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that U S WEST requests designation as an eligible telecommunications carrier and certifies that it meets the requirements for designation as an ETC for its Idaho service area.  The federal Telecommunications Act provides that a “State commission shall . . . upon request designate a common carrier that meets the requirements [established by the FCC] as an eligible telecommunications carrier for a service area designated by the State commission.”  47 U.S.C. § 214(e)(2).
YOU ARE FURTHER NOTIFIED that before a telecommunications corporation may receive federal universal service support, it must be designated as an eligible telecommunications carrier by the state public utility commission.  Federal universal support includes high cost support, reimbursement for discounts provided to low-income customers (Lifeline and Link Up programs), and support for health care providers.
YOU ARE FURTHER NOTIFIED that to be designated as an ETC, a LEC must offer the following services as specified in the FCC’s Universal Service Order, CC Docket No. 96-45 (FCC 97-157), released May 8, 1997:
single-party service
voice grade access to the public switched network
touch-tone service
access to emergency services, including 911 and E911
access to operator services
access to interexchange service
access to directory assistance
toll limitation services for qualifying low-income consumers
Id. at ¶¶ 61-82. U S WEST states that, with the exception of “toll limitation” as defined by the FCC,  it offers the above-listed services using its own facilities and generally advertises the availability of these services pursuant to 47 U.S.C. § 214(e)(1)(A) and (1)(B).  U S WEST further states that it offers Lifeline services consistent with Idaho statutes and has made Link Up services(footnote: 1) available for qualifying low-income consumers.  
YOU ARE FURTHER NOTIFIED that the FCC defines “toll limitation” as including “both toll blocking, which prevents the placement of all long distance calls for which the subscriber would be charged, and toll control, which limits the toll charges a subscriber can incur during a billing period to a preset amount.”  FCC’s Universal Service Order, (FCC 97-157), at ¶ 383; 47 C.F.R. 54.400(a)(4) (effective January 1, 1998).  
YOU ARE FURTHER NOTIFIED thatU S WEST requested the Commission grant it a waiver of “toll limitation services”(footnote: 2) in accordance with the FCC’s Universal Service Order, (FCC 97-157), ¶ 388. U S WEST asks that the Commission grant it a waiver if the FCC requires that both toll blocking and toll control as a part of toll limitation services in accordance with the FCC Universal Service Order (FCC 97-157) ¶388.  U S WEST asserts it does not have the technical ability to provide toll control.  U S WEST Application at 3, fn. 3. Consequently, U S WEST requests a waiver of the toll control requirement.  
YOU ARE FURTHER NOTIFIED that in designating a telephone carrier as an ETC, the Commission must also designate the appropriate service and support areas.  47 U.S.C. § 214 (e)(2) and 47 U.S.C. § 214 (e)(5).  For purposes of state and federal universal support, the FCC has suggested individidual support areas should be sufficiently small to pormote efficient targeting of support.  FCC Universal Service Order (FCC 97-157) ¶¶192-193.  U S WEST states that support areas should be smaller than a wire center and be based on population distribution, among other relevant factors.  Application at p. 3.  Therefore, U S WEST requests  that the Commission designate it as an eligible telecommunications carrier in each of its serving wire centers in its certified area as reflected by Certificate of Public Convenience and Necessity No. 313 (NOID) and Certificate of Public Convenience and Necessity No. 255 (SOID) on an interim basis.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission's Rules of Procedure, IDAPA 31.01.01.201 through -.204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within fourteen (14) days from the date of this Notice.  The comment must contain a statement of reasons supporting the comment.  Persons desiring a hearing must specifically request a hearing in their written comments.  Written comments concerning this Application shall be mailed to the Commission and the Applicant at the addresses reflected below:
COMMISSION SECRETARYMARY S. HOBSON
IDAHO PUBLIC UTILITIES COMMISSIONSTOEL RIVES LLP
PO BOX 83720101 SOUTH CAPITOL BLVD., SUITE 1900
BOISE, IDAHO  83720-0074BOISE, IDAHO  83702-5958
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, IDAHO  83702-5983
These comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments are received within the time limit set, the Commission will consider this matter on its merits and enter its Order without a formal hearing.  If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the Commission and is available for public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 or Title 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61 or Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this matter pursuant to Idaho Code § 62-615(1).
O R D E R
IT IS HEREBY ORDERED that this matter be processed under Modified Procedure.  Persons interested in submitting written comments in this matter should do so within fourteen  (14) days from the date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of November 1997.
                                                                                      DENNIS S. HANSEN, PRESIDENT
                                                                                      RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
O:uswt9719.cc
FOOTNOTES
1:
Link Up assists low-income subscribers to acquire new telephone service by paying half of the first $60.00 charge for the installation of service.  To be eligible for this program, an eligible subscriber must meet the state-established means test.  Link Up currently is funded through an adjustment that allocates the incumbent LEC’s Link Up cost to the interstate jurisdiction, effectively passing them onto interexchange carriers.  USF Order at ¶ 344.
2:
 “Toll blocking” is currently available in most Idaho exchanges and simply prohibits the customer from making long-distance calls.  “Toll control” permits a customer to limit the toll charges he or she can incur during a billing period to a preset amount.  This latter service would require a substantial integration between the CO switch and the billing records of the customer.
COMMENTS AND ANNOTATIONS
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Service Date
December 2, 1997