20130628Decision Memo.pdf

DECISION MEMORANDUM - 1 -
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: WELDON STUTZMAN
DEPUTY ATTORNEY GENERAL

DATE: JUNE 28, 2013

RE: JOINT PETITION OF QWEST CORPORATION DBA CENTURYLINK
QC; CENTURYTEL OF IDAHO, INC. DBA CENTURYLINK; AND
CENTURYTEL OF THE GEM STATE, INC. DBA CENTURYLINK FOR
PARTIAL WAIVER OF THE REQUIREMENTS OF IPUC ORDER NO.
29841; CASE NOS. QWE-T-13-03, CENT-T-13-03, AND CGS-T-13-03.

On June 7, 2013, the Commission received a Joint Petition from Qwest Corporation
dba CenturyLink QC; CenturyTel of Idaho, Inc. dba CenturyLink; and CenturyTel of the Gem
State, Inc. dba CenturyLink (collectively “CenturyLink”) for Partial Waiver of the requirements
of Commission Order No. 29841.1 Specifically, CenturyLink requests a waiver of the
requirement to file the 2013 two-year network improvement plan in connection with the annual
eligible telecommunications carrier (“ETC”) recertification report due to the Commission on
September 1, 2013. This request is related to the recent actions by the Federal Communications
Commission (FCC).
In 2005, the FCC adopted new ETC designation and reporting requirements. The
FCC is again addressing ETC reporting requirements in light of revisions to 47 C.F.R. § 54.313
to include new broadband obligations that will be imposed on carriers. Petition at 3. One of the
FCC’s requirements is to report on the carrier’s five-year quality improvement plan for those
companies that will be receiving funding for broadband services. Id. The FCC’s new reporting

1 On March 17, 2005, the FCC adopted new rules for designating ETCs In the Matter of the Federal –State Joint
Board on Universal Service, CC Docket No. 96-45, 20 C.F.R. 637 pursuant to 47 U.S.C § 214(e)(6). The
Commission adopted the FCC’s new ETC requirements in Order No. 29841, with the exception of the alternative
two-year network plan versus the FCC’s five-year plan.

DECISION MEMORANDUM - 2 -
requirements will require maps detailing progress toward plan targets, and explanation of how
much universal support was received, how it was used, and an explanation of any network
improvement targets that have not been met during the year. These reports will require detailed
information to be provided at the wire center or census block level. Id. The FCC, however, has
not completed all the steps necessary to provide a final form for use by ETCs in formulating the
new plans, and because the new federal high cost funding which is aimed specifically at
broadband has not been distributed or accepted by the ETCs, companies are not in a position to
develop specific plans for its use. Id. Consequently, the FCC issued an order waiving the five-
year plan requirement for 2013. Id.
CenturyLink believes that the increasingly complex reporting requirements being
adopted by the FCC, creating state-specific reports that have unique but less rigorous standards
for documenting use of the federal funds may no longer fulfill a useful purpose. Id. at 3-4.
CenturyLink, therefore, seeks a waiver of the two-year plan requirement contained in Order No.
29841 in the interest of bringing the Idaho ETC recertification reports for 2013 in conformance
with FCC requirements for this year.
Staff believes it is appropriate to consider whether the waiver requested by
CenturyLink, if approved by the Commission, should apply to all ETCs. Accordingly, Staff
recommends the Commission issue a Notice of Application and Notice of Modified Procedure
enabling all interested telecommunications providers to file comments.
COMMISSION DECISION
Should the Commission issue a Notice of Application and Notice of Modified
Procedure, providing for a 21-day comment period, to process the Company’s Application?

Weldon B. Stutzman
Deputy Attorney General

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