20220421Final_Order_No_35379.pdf

ORDER NO. 35379 1

Office of the Secretary
Service Date
April 21, 2022

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

ORDER NO. 35379

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.
On February 4, 2022, the Commission issued Notice of Petition and Notice of Modified
Procedure.
Staff filed comments on February 25, 2022. The Company did not respond.
With this Order, we approve the Company’s Petition.
THE PETITION
Under the Telecommunications Act of 1996, the Company, as an incumbent local
exchange carrier (“ILEC”), was required to enter interconnection agreements with other
telecommunications service providers who requested access to the Company’s 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, for the first time,
in-region inter LATA services markets. Id.
However, before the Federal Communications Commission (“FCC”) would allow the
Company to enter such markets, the Company was required under the section 271 requirements to
submit its systems and processes to third-party testing and develop performance measurements by
implementing PIDs and putting in place a PAP.
The Company represented that, by 2020, many of the elements of the PIDs and PAP
process became unnecessary due to the proliferation of cable and wireless services and,
furthermore, were eliminated by the FCC and this Commission. See Id. at 3-4.

ORDER NO. 35379 2
The Company represented that it followed the procedures for eliminating the PAP
process. The Company further represented 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.
STAFF COMMENTS
Staff noted the Company’s representation that it contacted the CLECs that would be
affected by the proposed amendments to the ICAs. Staff Comments at 2. Staff believed the
Company’s proposed amendments to the ICAs were consistent with the FCC’s forbearance orders.
Staff noted the Company filed similar petitions in other states and that the Commissions in South
Dakota, Iowa, Nebraska, and Wyoming approved the Company’s petitions while approval in
Montana and North Dakota was still pending.
Noting its consistency with FCC forbearance orders, Staff recommended the
Commission grant the Petition. Staff expressed concern, however, that if the Commission were to
grant blanket changes to all existing ICAs, the Company might fail to file the updated ICAs with
the Commission. This concern was based on the scenario in Case No. QWE-T-20-02 wherein the
Company failed to follow the Commission’s order to file all the ICAs it had with CLECs that had
been amended. Accordingly, to allow for sufficient review, Staff further recommended the
Commission order the Company to file all of the ICAs that it amends through removal of the PIDs
and PAPs by July 1, 2022.
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 47 U.S.C. 252(e)(1).
Based on our review of the record in this case, including the comments of Staff, the
Commission finds it fair, just, and reasonable to grant the Company’s Petition and authorizes the
removal of PIDs and PAPs from the Company’s ICAs with Idaho CLECs. We direct the Company
to file for Commission review by July 1, 2022, all ICAs that have the PIDs and PAPs removed.

ORDER NO. 35379 3
O R D E R
IT IS HEREBY ORDERED that the Company’s Petition is approved.
IT IS FURTHER ORDERED that the Company shall file, by July 1, 2022, all ICAs
that have been amended by removing the PIDs and PAPs.
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 with regard to 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 21st day
of April 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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