20130716ITA Comments in Support of Request.pdf

CYNTHIA A.MELILLO PLLC
8385 W.EMERALD STREET BOISE,IDAHO 83704
[phone] •[e-mail] jj3Jj JL I 5 P1 2:33
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July 16,2013
Via Hand Delivery
Ms.Jean Jewell
Idaho Public Utilities Commission
PD Box 83720
Boise,ID 83720-0074
Re:Comments in Support of CenturyLink’s Request for Partial Waiver of theRequirementsofIPUCOrderNo.29841 (Case Nos.QWE-T-13-03,CENT-13-03,and CGS-T-13-03
Dear Ms.Jewell:
Enclosed for filing in the above matter,please find an original and seven copiesofIdahoTelecomAlliance’s Comments in Support of CenturyLink’s Request for PartialWaiveroftheRequirementsofIPUCOrderNo.29841.
If you have any questions or require further information,please contact me at(208)577-5747 or by e-mail at cam(camlawidaho.com.
Sincerely,eg
Cynthia A.Melillo
CAM
Enclosures
cc:Mary S.Hobson
Lisa A.Anderl
(all via electronic mail,WI end.)
Cynthia A.Melillo (ISB #5819)
Cynthia A.Melillo PLLC 2fl!JUL P 2:288385W.Emerald Street
Boise,ID 83704
Telephone:[phone]
Facsimile:[phone]
Email:cam(ãcamlawidaho.com
Attorney for Idaho Telecom Alliance
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
)CASE NOS.
IN THE MATTER OF THE REQUEST FOR )QWE-T-13-03
PARTIAL WAIVER OF THE )CEN-T-13-03
REQUIREMENTS OF IPUC ORDER NO.)CGS-T-13-03
29841 )
)COMMENTS OF THE IDAHO
)TELECOM ALLIANCE
The Idaho Telecom Alliance (“ITA”),by and through its attorney of record,
Cynthia A.Melillo PLLC,hereby files these Comments in response to the Notice of
Application and Notice of Modified Procedure in Case Nos.QWE-T-13-03,CEN-T-13-
03 and CGS-T-13-03 issued on July 3,2013.ITA is a state telephone association,and
its members include both commercial companies and cooperatives.The fourteen (14)
members of hA provide advanced telecommunications and broadband services in rural
Idaho.All of the members (or affiliates of the members)are designated Eligible
Telecommunications Carriers (“ETC”)in Idaho and claim a direct and substantial
interest in this proceeding.
COMMENTS OF IDAHO TELECOM ALLIANCE -QWE-T-13-03,CEN-T-13-03 and CGS-T-13-03
I
On June 7,2013,Qwest Corporation (dba CenturyLink QC),CenturyTel of Idaho,
Inc.,and CenturyTel of the Gem State,Inc.,(dba CenturyLink)(hereinafter “Petitioners”)
filed a Petition for Partial Waiver of the Requirements of IPUC Order 20841,seeking a
waiver of the requirement to file a two-year improvement plan as set forth in Order
20841.
On July 3,2013,the Commission issued Order No.32844,Notice of Application
and Notice of Modified Procedure in Case Nos.QWE-T-13-03,CEN-T-13-03 and CGS
T-13-03,inviting comments on the use of Modified Procedure in this matter and inviting
comments in support of or in opposition with the matters set forth in the Petition and/or
Order No.32844.
Petitioners very clearly present the position that the requirement to file a two-year
network improvement plan in connection with the 2013 annual ETC recertification under
Order 20841 would serve little purpose.The Federal Communications Commission
(“FCC”)has been revising its rules regarding ETC reporting requirements and in light of
the fact that the rules are currently not finalized,the FCC has waived its requirement for
the filing of a five-year network improvement plan for 2013.Because the two-year
network improvement plan was intended by the Commission to take the place of the
FCC’s five year network improvement plan on the state level for state-certified ETCs,
Petitioners argue that until the FCC requirements are clearly established,ETCs would
not be able to produce a network improvement plan with any certainty and as such,
such plans would be meaningless.
COMMENTS OF IDAHO TELECOM ALLIANCE -QWE-T-13-03,CEN-T-13-03 and CGS-T-13-03
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ITA is in agreement with Petitioners and if the Commission deems it appropriate
to grant the waiver to Petitioners,ITA respectfully requests that the Commission grant
such waiver to all ETCs so certified by the Commission,subject to all the same terms
and conditions as the Commission would make applicable to Petitioners in connection
with such waiver.
ITA believes the use of Modified Procedure to be appropriate in this matter.In
the event the Commission elects to hold hearings in this mailer,ITA reserves the right
to file a Petition to Intervene.
Respectfully submitted this 16th day of July 2013.
By:6hcx )JJL
ynthia A.Melil o
CYNTHIA A.MELILLO PLLC
Attorney for Idaho Telecom Alliance
COMMENTS OF IDAHO TELECOM ALLIANCE -QWE-T-13-03,CEN-T-13-03 and CGS-T-13-03
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CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of July 2013,I caused to be served a true
and correct copy of the foregoing by the method indicated below1 and addressed to the
following:
Jean Jewell El U.S.Mail
Idaho Public Utilities Commission El Overnight Mail
472 West Washington Street Hand Delivery
Boise,ID 83702 El Fax
jean.jewellpuc.ldaho.qov El Electronic Mail
Mary S.Hobson El U.S.Mail
Attorney &Counselor El Overnight Mail
999 Main,Suite 1103 El Hand Delivery
Boise,Idaho 83702 El Fax
Marv.HobsoncCenturyLink.com Electronic Mail
Lisa A.Anderl El U.S.Mail
Associate General Counsel,CenturyLink El Overnight Mail
1600 7”Avenue El Hand Delivery
Seattle,WA 98191 El Fax
Lisa.Anderl(CenturyLink.com Electronic Mail
Cyn hia A.Melillo
COMMENTS OF IDAHO TELECOM ALLIANCE -QWE-T-13-03,CEN-T-13-03 and CGS-T-13-03
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