20120125notice_of_petition_order_no_32446.pdf

Office of the Secretary
Service Date
January25,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST )
CORPORATION DBA CENTURYLINK QC,)CASE NOS.QWE-T-12-01
CENTURYTEL OF IDAHO,INC.DBA )CEN-T-12-01
CENTURYLINK AND CENTURYTEL OF THE )CGS-T-12-01
GEM STATE,INC.DBA CENTURYLINK’S )
PETITION FOR AN EXEMPTION OF THE )NOTICE OF PETITION
COMMISSION’S TELECOMMUNICATIONS )
CUSTOMER RELATIONS RULE 502 (IDAPA )NOTICE OF
31.41.01.502))MODIFIED PROCEDURE
)
___________________________________
)ORDER NO.32446
YOU ARE HEREBY NOTIFIED that on December 22,2011,a Petition was filed by
Qwest Corporation dba CenturyLink QC,CenturyTel of Idaho,Inc.dba CenturyLink,and
CenturyTel of the Gem State,Inc.dba CenturyLihk (the CenturyLink Companies or
CenturyLink)requesting an exemption from the Commission’s Telephone Customer Relations
Rule 502 (IDAPA 31.41.01.502).Rule 502 establishes standards for a telephone company to
restore basic local service after an outage,and requires payment of customer credits when
standards are not met.The rule was initially adopted in 1993,and CenturyLink asserts in its
Petition that profound changes in the telecommunications industry in Idaho since the rule was
adopted make the nile obsolete.Petition,p.2.CenturyLink contends the rule now creates
unusual and unreasonable hardships in a competitive marketplace that did not exist when the rule
was adopted.Customer Relations Rule 3 states the Commission may grant exemptions to a rule
if “unusual or unreasonable hardship results from the application”of the rule.IDAPA
3 1.41.01.003.
YOU ARE FURTHER NOTIFIED that CenturyLink asserts that when Rule 502 was
adopted,incumbent local telephone providers were the predominant providers of local
telecommunications service.Very few customers used wireless service and most had no
alternative resource for voice communication in the event of an outage.Petition,p.3.The
development of alternative telecommunications technology,and changes in laws to encourage
competition in telecommunications markets,has significantly altered the local
telecommunications business.Petition,pp.3-4.CenturyLink notes that its total line count in
Idaho declined from 544,640 in 2001 to 310,870 in 2010.CenturyLink points out that the
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32446 1
competitors in the marketplace,including wireless,cable and VoIP providers,are not subject to
the Commission’s service performance rules.CenturyLink contends this disparity in treatment
between its companies and the competitors creates for CenturyLink an “unusual or unreasonable
hardship that justifies an exemption to the rule.”Petition,pp.6-7.
YOU ARE FURTHER NOTIFIED that Rule 502,under most circumstances,requires
a telephone company to restore local service within 24 hours after an outage is reported to the
company.IDAPA 31.01.41.502.01.b.If a telephone company does not restore service within
the time required by the Rule,the company must credit the customer’s account for an amount
equal to the monthly rate for one month of local exchange service.Id.The rule requires
telephone companies to keep monthly records of out-of-service reports and to notify the
Commission if the company is not able to clear at least 90%of outages within the time required
by the rule for a period of three consecutive months.IDAPA 3 1.01.41.502.03.
YOU ARE FURTHER NOTIFIED that CenturyLink in its Petition recognizes “that
an exemption of this scope for the largest ILEC in Idaho as well as the two other CenturyLink
companies may itself constitute a significant change in the regulatory landscape in Idaho.”
Petition,p.7.With this acknowledgement,CenturyLink stated its willingness to participate in a
rulemaking to address Rule 502 in a more comprehensive context should the Commission deem
such an effort to be appropriate.
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 3 1.01.01.201-204.The Commission notes that Modified Procedure and
written comments have proven to be an effective means for obtaining public input and
participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Petition may file a written comment in support or in opposition with the Commission within 28
days from the service date of this Notice.The comment must contain a statement of reasons
supporting the comment.In written comments,interested parties should state whether a
broader rulemaking procedure is appropriate,and whether an exemption to Rule 502
should be granted to CenturyLink in the meantime.
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32446 2
YOU ARE FURTHER NOTIFIED that reply comments may be filed within 14
days after the initial comment period.
YOU ARE FURTHER NOTIFIED that persons desiring a hearing must specifically
request a hearing in their written comments.Written comments concerning this Petition may be
mailed to the Commission and CenturyLink at the addresses reflected below:
Commission Secretary Mary S.Hobson
Idaho Public Utilities Commission 999 Main,Suite 1103
P0 Box 83720 Boise,ID 83702
Boise,Idaho 83720-0074 E-mail:[e-mail]
Street Address for Express Mail:Lisa A.Anderl
Associate General Counsel
472 W.Washington Street 1600 7111 Avenue,Room 1506Boise,ID 83702-5918 Seattle,WA 98191
E-mail:[e-mail]
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at www.puc.idaho.gov.Click the “Comments and Questions”
icon,and complete the comment form,using the case number as it appears on the front of this
document.These comments must also be sent to CenturyLink at the e-mail addresses listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests 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 Petition has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices or on the Commission’s web site at www.puc.idaho.ov by clicking on “File
Room”and then “Telephone Cases.”
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code and that the
Commission may enter any final order consistent with its authority under Title 61.
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32446 3
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 3 1.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that CenturyLink’s Petition for an exemption from the
Commission’s Telephone Customer Relations Rule 502 (IDAPA 3 1.41.01.502)be processed by
Modified Procedure,IDAPA 31.01.01.201-204.Persons interested in submitting written
comments in this matter must do so within 28 days from the service date of this Notice.Reply
comments may be filed within 14 days after the initial comment period.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 25
day of January 2012.
MACK A.REDFO ,MMISSIONER
A)jULi
MARSHA H.SMITH,COMMISSIONER
ATTEST:
1./4G—.--jJ /jt.k/
Jean D.Jewefl
Commission Secretary
bIs/O:QWE-T-12-OCEN-T-12-O1CGS-T-I2-O1ws
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32446 4