20220225Comments.pdf

RILEY NEWTON
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. II2O2
, ,,-: Fiq i:51+LJ i ir
Street Address for Express Mail:
11331 W CHINDEN BLVD, BLDG 8, SUITE 201-A
BOISE,ID 83714
Attomey for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S PETITION FOR
ELIMINATION OF PERFORMANCE
ASSURANCE PLAN AND PERFORMANCE
INDICATOR DEFINITIONS
CASE NO. QWE-T-21-13
COMMENTS OF THE
COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission, by and through its Attorney of
record, Riley Newton, Deputy Attorney General, submits the following comments.
BACKGROUND
On December 1,2021, Qwest CorporationdlblaCentury Link QC ("Company")
petitioned ("Petition") 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 17,2027, the Commission received additional documents in support of the
Company's Petition.
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
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STAFF COMMENTS FEBRUARY 25,2022
services. Petition at 2 (citing 47 U.S.C. $$ 251-252). The processes and procedures outlined by
47 U.S.C. $ 271 ("section27l requirements") also allowed the Company to enter in-region inter
LATA services markets, markets from which it had previously been precluded. Id.
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 PAP.
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 wireless services and, furtherrnore, were
eliminated by the FCC and this Commission. See Id. at3-4.
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.
STAFF REVIEW
Staff reviewed the Petition and Staff notes the Company's representation that
it contacted CLECs that would be affected by the proposed amendments to the
agreements. See Supplemental Attachment l. Staff believes the Company's
proposed amendments to the ICAs are consistent with FCC's forbearance orders.
Staff notes that the Company has also petitioned other states for the proposed
amendments to the agreements; the Commissions in South Dakota, Iowa, Nebraska,
and Wyoming approved the Company's petitions while approval from Montana and
North Dakota is still pending.
That said, Staff has concern about granting blanket changes to all existing
ICAs without the Company filing the updated ICAs with the Commission.
STAFF RECOMMENDATIONS
Staff believes the Petition is consistent with FCC's forbearance 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. In Case No. QWE-T-20-02 the Company was ordered
to file all ICAs that the Company has amended with CLECs due to the 2019 Forbearance Orders
2STAFF COMMENTS FEBRUARY 25,2022
and that has never happened. Staffis concomed that same scenario will happen here. Thus,
Stafffirther recommends that the Commission order thBt all of the Company's ICAs that are
anrended as a result of removing the PID and PAP be filed with the Commission by July L,2022,
so that Staffand the Commission can review them.
Respecttully submitted this 7* day of February 2022.
Riley
Deputy Attorney General
Technical Staff: Johan Kalala-Kasanda
i:uniisc/uirmnent#qwot2 l. I 3mdfik oommont
3STAFF COMMENTS FEBRUARY 25,2022
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 25tr DAY OF FEBRU AF.Y 2022,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. QWE-T-21-13, BY E-MAILING A COPY THEREOF, TO THE
FOLLOWING:
WILLIAM E HENDRICKS
ASSOC GENERAL COUNSEL
LUMEN TECHNOLOGIES
902 WASCO ST FLOOR 1
HOOD RryER OR 97031
E-MAIL: [e-mail]
STEPHEN R THOMAS
HAWLEY TROXELL ET AL
877 MAIN ST STE lOO
BOISE ID 83702
E-MAIL : [e-mail]
CERTIFICATE OF SERVICE