20220901Final_Order_No_35519.pdf

ORDER NO. 35519 1

Office of the Secretary
Service Date
September 1, 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. 35519

On December 1, 2021, Qwest Corporation d/b/a Century Link QC (“Company”) petitioned
the Commission for an order eliminating the Performance Indicator Definitions (“PIDs”) and the
Performance Assurance Plan (“PAP”) portions of its interconnection agreements (“ICAs”) with
each Idaho competitive local exchange carrier (“CLEC”).
On February 4, 2022, the Commission issued a Notice of Petition and Notice of Modified
Procedure. Order No. 35310.
Commission Staff (“Staff”) filed comments on February 25, 2022. The Company did not
file reply comments. No other comments were received.
On April 21, 2022, the Commission approved the Company’s petition and ordered it to file,
by July 1, 2022, all ICAs that had been amended by removing the PIDs and PAPs. Order No.
35379 at 3.
On May 12, 2022, the Company filed a petition entitled, “Compliance with Order No.
35379 or, in the Alternative, Request for Clarification or Reconsideration” (“Petition”) requesting
the Commission accept its Petition as the Company’s compliance with Order No. 35379 or, in the
alternative, clarify or reconsider Order No. 35379.
On June 9, 2022, the Commission issued Order No. 35426, therein finding the Company
complied with the Commission’s directive in Order No. 35379 and directing the Company to “file
with the Commission the amendments it was ordered to file in Order No. 34766, Case No. QWE-
T-20-02 by August 1, 2022.”1 Order No. 35426 at 4.

1 In Case No. QWE-T-20-02, Order No. 34766, the Commission ordered the Company to “file, for Commission
review, all ICAs that the Company has amended with CLECs due to the 2019 Forbearance Orders.” Order No. 34766
at 3. One and half years after Order No. 34766 was issued, the Commission, in the current case (Case No. QWE-T-
21-13), clarified the Company need not submit ICAs that had their PIDs and PAPs removed, but still needed to file
ICAs that had been amended due to the 2019 Forbearance Orders.

ORDER NO. 35519 2
By August 1, 2022, the Company filed 49 ICAs that had been amended due to the 2019
Forbearance Orders.
STAFF ANALYSIS
Staff reviewed the ICAs the Company filed. Staff believed the amended ICAs fulfilled the
requirements of Order Nos. 34766 and 35426, Federal Communications Commission Orders, the
federal Telecommunications Act, and all other relevant authorities. Staff recommended the
Commission approve the Company’s filings.
COMMISSION FINDINGS
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).
We have reviewed the record in this case, including our previous orders, the Company’s
filings, and Staff’s comments. Based on our review, we find that the Company’s filings of the
amended ICAs in Case No. QWE-T-21-13 satisfy our directive in Order No. 35426 for the
Company to “file with the Commission the amendments it was ordered to file in Order No. 34766,
Case No. QWE-T-20-02 by August 1, 2022.”
O R D E R
IT IS HEREBY ORDERED that the Company has complied with our directives in Order
Nos. 34766 and 35426.
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. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code § 61-626. //

ORDER NO. 35519 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1st day of
September 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\QWE-T-21-13\Orders\QWET2113_compliance_rn.docx