20220204Notice_of_Petition_Order_No_35310.pdf

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35310 1
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF QWEST
CORPORATION’S PETITION FOR
ELIMINATION OF PERFORMANCE
ASSURANCE PLAN AND PERFORMANCE
INDICATOR DEFINITIONS

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CASE NO. QWE-T-21-13

NOTICE OF PETITION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35310

On December 1, 2021, Qwest Corporation d/b/a Century Link QC (“Company”)
petitioned the Commission to issue an order eliminating the Performance Indicator Definitions
(“PIDs”) and Performance Assurance Plan (“PAP”) portions of its interconnection agreements
(“ICAs”) with each Idaho competitive local exchange carrier (“CLEC”).
On December 17, 2021, the Commission received additional documents in support of
the Company’s Petition.
The Commission now issues this Notice of Petition and Notice of Modified Procedure
setting public comment and Company reply deadlines.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that the Company was, pursuant to the federal
Telecommunications Act of 1996, required, as an incumbent local exchange carrier (“ILEC”), to
enter into interconnection agreements with other providers of telecommunications services who
requested access to its network, facilities, or services. Petition at 2 (citing 47 U.S.C. §§ 251-252).
The processes and procedures outlined by 47 U.S.C. § 271 (“section 271 requirements”) also
allowed the Company to enter in-region interLATA services markets, markets from which it had
previously been precluded. Id.
YOU ARE FURTHER NOTIFIED that, to obtain approval from the Federal
Communications Commission (“FCC”) to enter such markets, the Company was required pursuant
to the section 271 requirements, to submit to third-party testing of its systems and processes and
develop performance measurements (PIDs) and put in place a Performance Assurance Plan (PAP).
YOU ARE FURTHER NOTIFIED that the Company represents that, by 2020, many
of the elements of the PIDs and PAP process became unnecessary due to the rise of cable and
Office of the Secretary
Service Date
February 4, 2022

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35310 2
wireless service and, furthermore, were eliminated by the FCC and this Commission. See Id. at 3-
4.
YOU ARE FURTHER NOTIFIED that the Company represents that it followed the
procedures for eliminating PAP and that “CLECs are no longer interested in ordering or seeking
repair of the remaining PAP services, nor are they expressing interest in the PAP performance
metrics.” Id. at 5.
YOU ARE FURTHER NOTIFIED that the Petition is available for public inspection
during regular business hours at the Commission’s office. These documents are also available on
the Commission’s website at www.puc.idaho.gov. Click on the “TELECOM” icon, select “Open
Cases,” and then locate 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 Titles 61 and 62 of the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this case 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 will proceed under Modified Procedure
pursuant to 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 those desiring to state a position in this case
may file written comments. Those who would like a hearing must specifically request a hearing in
their written comments. Interested persons must file written comments within 21 days of the
service date of this Order. Comments must be filed through the Commission’s website or by e-
mail unless computer access is unavailable. To comment electronically, please access the
Commission’s website at www.puc.idaho.gov. Click the “Case Comment Form” tab and complete
the form using the case number as it appears on the front of this document. To file by e-mail, the
customer must e-mail the comments to the Commission Secretary and the Company at the e-mail
addresses listed below. If computer access is unavailable, then comments may be mailed to the
Commission and Company at these addresses:

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35310 3

For the Idaho PUC:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714
For the Company:

William Hendricks
Associate General Counsel
Lumen Technologies
902 Wasco St., Floor 1
Hood River, OR 97031
[phone]
[e-mail]

Stephen R. Thomas
HAWLEY TROXELL ENNIS HAWLEY, LLP
877 Main Street, Suite 1000
Boise, ID 83701
[phone]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within 28 days of the service date of this Order.
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 this case be processed under Modified Procedure,
Rules 201-204, IDAPA 31.01.01.201-.204. Those interested in filing written comments must do
so within 21 days of the service date of this Order. The Company must file any reply comments
within 28 days of the service date of this Order.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
35058, issued June 3, 2021. All pleadings should be filed with the Commission electronically and
shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35310 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 4th day
of February 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND, JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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