20200828Final_Order_No_34766.pdf

ORDER NO. 34766 1
Office of the Secretary
Service Date
August 28, 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

ORDER NO. 34766

On February 21, 2020, Qwest Corporation dba CenturyLink QC (“Company”)
requested 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.
On June 17, 2020, the Commission issued its Notice of Petition, Notice of Modified
Procedure and Order. See Order No. 34694. The Commission Staff (“Staff”) filed written
comments on July 8, 2020. The Company did not file reply comments.
Having reviewed the record, the Commission enters this Order approving the
Company’s Petition.
THE PETITION
The Company stated the PAP is a self-effectuating performance assurance plan
implemented in the Company’s interconnection agreements (“ICAs”) with CLECs that opt to
include the PAP in their ICAs. Petition at 2. The Company represented PIDs in ICAs contain
definitions and metrics that support the PAP. Id. The Company stated the PAP has terms,
including PIDs, that were set when the Company sought FCC approval to enter the interstate long
distance telecommunications market. Id. The Company contended the PAP was negotiated to
assure continued interconnection and network access between the Company and CLECs. Id.
The Company noted that in 2002 the Commission approved the Idaho PAP. See Case
No. USW-T-00-03. Since then, the Company has amended the PAP, with the Commission
approving the most recent amendment on September 26, 2013. Id. at 2; see also Order No. 32899.
The Company asserted 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 NO. 34766 2
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”). The Company asserted the 2019 Forbearance Orders eliminated: 1) the requirement for
RBOCs to continue offering the avoided cost retail discount to resellers; and 2) the requirement
for RBOCs to continue offering analog loops. Id. However, the Company stated the FCC
established a transition period to allow: 1) CLECs to order new UNE analog loops for six months
after the August 2, 2019 effective date of the UNE Analog Loop and Resale Forbearance Order;
2) CLECs to keep existing UNE analog loop arrangements for three years; 3) CLECs to request
new avoided cost resale arrangements until February 2, 2020; and 4) existing resale discount
arrangements to be maintained until August 2, 2022. Id.
Before filing the Petition, the Company asserted it notified CLECs of the proposed
changes to the PAP. Id. at 4. The Company represented Integra has taken a leadership position
among CLECs in past PIDs/PAP negotiations and changes and did not object to the proposed
modifications. Id.
COMMENTS
1. Staff Comments.
Staff has reviewed the Petition for approval of modifications to the PIDs and PAP filed
by the Company. Staff noted that the Company appeared to have contacted affected CLECs about
the proposed amendments. Staff Comments at 3. Staff also stated that the Company’s proposed
modifications appear to follow FCC orders. Id. Further, Staff noted no one opposed the Petition.
Id. Staff recommended that the Commission approve the Company’s Petition. However, Staff
asserted it has concerns about granting blanket changes to all existing ICAs without the Company
filing the updated ICAs with the Commission. Id. Staff recommended that the Commission
require the Company to file all ICAs that the Company amended due to the 2019 Forbearance
Orders for Commission review. Id.
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over this matter under Idaho Code § 62-615 (the
Commission’s authority to implement the Telecommunications Act of 1996) and Idaho Code §
62-605(5)(b) (the Commission’s continuing, noneconomic authority over Title 62 telephone
corporations). See also generally 47 U.S.C. 252(e)(1).

ORDER NO. 34766 3
The Commission has reviewed the record and finds it fair, just, and reasonable to grant
the Company’s Petition and authorizes the Company to modify the PAP and PIDs consistent with
the FCC’s 2019 Forbearance Orders. The Commission finds it reasonable to require that the
Company file, for Commission review, all ICAs that the Company has amended with CLECs due
to the 2019 Forbearance Orders.
O R D E R
IT IS HEREBY ORDERED that the Company’s Petition is granted.
IT IS FURTHER ORDERED that the Company file, for Commission review, all ICAs
that the Company has amended with CLECs due to the 2019 Forbearance Orders.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order about any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. See Idaho Code §§ 61-626 and 62-619.
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ORDER NO. 34766 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
28th day of August 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\TELEPHONE\QWE-T-20-02\QWET2002_final_jrh.docx