20200708Comments.pdf

STAFF COMMENTS 1 JULY 8, 2020
JOHN R. HAMMOND, JR.
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5470

Street Address for Express Mail:
11331 W CHINDEN BLVD, BLDG 8, SUITE 201-A
BOISE, ID 83714

Attorney for the Commission Staff

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

COMMENTS OF THE
COMMISSION STAFF

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
attorney of record, John R. Hammond, Jr., Deputy Attorney General, and in response to the Notice
of Petition and Notice of Modified Procedure issued in Order No. 34694 on June 17, 2020, in Case
No. QWE-T-20-02, submits the following comments.

BACKGROUND
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.
RECEIVED
2020 July 8, PM 1:38
IDAHO PUBLIC
UTILITIES COMMISSION
STAFF COMMENTS 2 JULY 8, 2020
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.
The Company represents PIDs are implemented as Exhibit B to ICAs and contains the
definitions and metrics that support the PAP. Id.
The Company states the PAP has terms, including PIDs, that were established when it
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 the Company and CLECs. Id.
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 most recent amendment was approved
by the Commission on September 26, 2013. Id.; see also Order No. 32899.
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”).
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.
Prior to filing the Petition, the Company 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.
STAFF COMMENTS 3 JULY 8, 2020
The Company requests the Commission do the following:
1. Approve Appendices 3A (redesigned PIDS) and 4A (redesigned PAP with an
effective date of April 1, 2020, to replace the PAP and PIDs in Idaho;
2. Deem all existing interconnection agreements that currently contain the PAP and
PIDs be modified to incorporate these revisions, also effective April 1, 2020,
without need for further filings or approvals;
3. In the event there is no opposition to this petition within 30 days, the Company
requests that the Petition be granted without a hearing or further filings or
proceedings; and
4. To the extent there is opposition to the Petition, the Company requests that the
Commission schedule a technical conference to further discuss the redesign of the
PAP and PIDs consistent with the 2019 Forbearance Orders and to determine the
remaining process in this proceeding.

STAFF ANALYSIS
Staff has reviewed the petition for approval of amendments to the PIDs and PAP filed by
the Company. It appears from the sample letter attached to the petition and the response from
Allstream that the Company has contacted affected CLECs about the proposed amendments. It
also appears the amendments as proposed by the Company are consistent with FCC orders. Staff
has some concerns about granting blanket changes to all existing ICAs without updated copies
being filed with the Commission.

STAFF RECOMMENDATION
Based on its review of the Company’s Petition, Staff believes it is consistent with FCC
orders. Further, there has been no opposition filed to the Petition. As a result Staff recommends
that the Commission approve the Company’s Petition in part. Staff also recommends that the
Commission order that all Company ICAs affected and subsequently amended as a result of the
2019 Forbearance Orders discussed above be filed with the Commission for review by Staff and
the Commission by December 31, 2020.

STAFF COMMENTS 4 JULY 8, 2020
Respectfully submitted this 8th day of July 2020.

__________________________________
John R. Hammond, Jr.
Deputy Attorney General

Technical Staff: Daniel Klein

i:umisc:comments/qwet20.2jhdk comments
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE

I HEREBY CERTIFY THAT I HAVE THIS 8th DAY OF JULY 2020,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. QWE-T-20-02, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:

LISA A ANDERL
ASSOC GENERAL COUNSEL
CENTURYLINK
1600 7TH AVE ROOM 1506
SEATTLE WA 98191
EMAIL: [e-mail]

Reyna Quintero
__________________________________________________________
SECRETARY