20200617Notice_of_Petition_Order_No_34694.pdf

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34694 1
Office of the Secretary
Service Date
June 17, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF QC’S PETITION FOR
APPROVAL OF AMENDMENTS TO THE
QWEST PERFORMANCE ASSURANCE
PLAN AND PERFORMANCE INDICATOR
DEFINITIONS TO IMPLEMENT THE FCC’S
2019 FORBEARANCE ORDERS
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CASE NO. QWE-T-20-02

NOTICE OF PETITION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 34694

On February 21, 2020, Qwest Corporation dba CenturyLink QC (“Company”) filed a
Petition requesting authority to modify the Company’s Performance Assurance Plan (“PAP”) and
Performance Indicator Definitions (“PIDs”) with each Idaho competitive local exchange carrier
(“CLEC” or “CLECs”) by deleting references to products and network elements that the Federal
Communications Commission (“FCC”) no longer requires.
The Commission now issues this Notice of Petition, Notice of Modified Procedure and
Order and sets written comment and reply deadlines for interested parties and the Company.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that the Company states the PAP is a self-
effectuating performance assurance plan that is implemented as Exhibit K to the Company’s
interconnection agreements (“ICAs”) with CLECs that opt to include the PAP in their ICAs.
Petition at 2.
YOU ARE FURTHER NOTIFIED that the Company represents PIDs are implemented
as Exhibit B to ICAs and contains the definitions and metrics that support the PAP. Id.
YOU ARE FURTHER NOTIFIED that the Company states the PAP has terms,
including PIDs, that were established when Qwest sought the FCC’s approval to enter the interstate
long distance telecommunications market. Id. The Company contends the PAP was negotiated to
provide additional assurance of continued, appropriate interconnection and network access
between Qwest and CLECs. Id.
YOU ARE FURTHER NOTIFIED the Commission approved the Idaho PAP in Case
No. USW-T-00-03 in 2002 and has amended the Idaho PAP several times since. Id. at 2. The
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34694 2
most recent amendment was approved by the Commission on September 26, 2013. Id.; see also
Order No. 32899.
YOU ARE FURTHER NOTIFIED the Company asserts the FCC has eliminated and
modified some obligations of regional bell operating companies (“RBOCs”) to provide certain
products and network elements. Id.; see also Petition of US Telecom et al. for Forbearance, WC
Dot. No. 18-141, Memorandum Opinion and Order, FCC Release 19-72; Released August 2, 2019
(“UNE Analog Loop and Resale Forbearance Order”) and the Report and Order on Remand and
Memorandum Opinion and Order, FCC Release 19-66; Released July 12, 2019 (“UNE Transport
Order”)(collectively the “2019 Forbearance Orders”).
YOU ARE FURTHER NOTIFIED that the Company contends the 2019 Forbearance
Orders eliminated the requirement for RBOCs to continue offering the avoided cost retail discount
to resellers and eliminated the requirement for RBOCs to continue offering analog loops. Id.
However, the Company states the FCC also established a transition period that: 1) allows CLECs
to order new UNE analog loops for six months after August 2, 2019 effective date of the UNE
Analog Loop and Resale Forbearance Order; 2) allows CLECs to keep existing UNE analog loop
arrangements for three years; 3) allows CLECs to request new avoided cost resale arrangements
until February 2, 2020; and 4) allows existing resale discount arrangements to be maintained until
August 2, 2022. Id.
YOU ARE FURTHER NOTIFIED that prior to filing the Petition the Company has
notified CLECs of the proposed changes. Id. at 4. The Company represents Integra, which the
Company contends has taken a leadership position among CLECs in past PIDs/PAP negotiations
and changes does not object to the amendments. Id.
YOU ARE FURTHER NOTIFIED that the Petition and supporting documents are
available for public inspection during regular business hours at the Commission’s office. These
documents are also available on the Commission's web site at www.puc.idaho.gov. Click on the
"File Room" tab at the top of the page, then select "Telecom Cases" and click on the case number
as shown on the front of this document.
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 specifically Idaho
Code §§ 61-501, 61-502 and 61-503.
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34694 3
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.
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 that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Commission's Rules of Procedure, IDAPA
31.01.01.201 through .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 or party desiring to state a position
on this Petition may file a written comment in support or opposition with the Commission by
within twenty-one (21) days from the service 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 Petition shall be sent
electronically, unless e-mail is not available, to the Commission and the Petitioner at the e-mail
addresses reflected below:
For the Idaho Public Utilities Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, Idaho 83714

For the Company:

Lisa A. Anderl
CenturyLink
1600 7th Avenue, Room 1506
Seattle, Washington 98191
E-Mail: [e-mail]

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 “Case Comment Form” under
“Consumers,” 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 the Petitioner.
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within twenty-eight (28) days from the service date of this Notice.
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34694 4
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.
O R D E R
IT IS HEREBY ORDERED that that the Petition of the Company be processed by
Modified Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting
written comments must do so within twenty-one (21) days from the service date of this Notice.
The Company must file any reply comments within twenty-eight (28) days from the service date
of this Notice.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 17th day
of June 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Diane M. Hanian
Commission Secretary

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