20051024_1358.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:WAYNE HART
DATE:OCTOBER 18, 2005
RE:EXTENSION OF FILING DATE FOR CHANGES TO PIC CHANGE
CHARGE CASE NO. GNR-05-
BACKGROUND
On June 20, 2005, the Idaho Public Utilities Commission (Commission) issued Order No.
29806 directing Idaho incumbent local exchange carriers (ILECs) to file changes to their tariffs for
the fees for changing the presubscribed interexchange carrier (PIC) for intrastate/intralata calling.
Charges for changing the intrastate/intralata PIC (LPIC) were to coincide with the Federal
Communication Commission s (FCC) safe harbor pricing structure for interstate PIC changes. The
Order indicated that ILECs "shall file the appropriate changes in their Idaho tariffs to become
effective at the same time as the changes that they must file in their federal tariffs, no later than
October 17, 2005." Order 29806 at 4. At the time the Commission released Order 29806, federal
tariff filings for PIC change charges were also due before October 17, 2005.
In response to emergency petitions filed by Verizon and SBC Communications, on October
2005 , the Wireline Competition Bureau of the FCC released Order DA 05-2713 , extending the
previously established October 17, 2005 , deadline for ILECs to revise their federal tariffs to
January 1 2006.
STAFF ANALYSIS
The last minute extension granted by the FCC has created some confusion and difficulties
for ILECs attempting to meet the Commission s October 17th deadline. Companies that have
already filed revisions to LPIC change charge tariffs may need to refile with an effective date for
DECISION MEMORANDUM OCTOBER 18 , 2005
LPIC change charges that matches the new effective date for its federal tariff for interstate PIC
change charges. Companies that had not filed before the FCC Order was released may need
additional time to revise their filings so that the effective dates for LPIC and PIC change charges
will match. Order 29806 already requires the same effective date. If the Commission were to
extend the date by which Idaho tariff filings were due to coincide with the federal deadline, it
would eliminate these difficulties.
STAFF RECOMMENDATION
The Commission on its own motion may propose to amend any final order pursuant to
IPUC Procedural Rule 326. IDAPA 31.01.01.326.02. The Commission must give interested
persons notice of its proposed amendment and an opportunity to be heard by either evidentiary
hearing or written submission. Id. Staff recommends that the Commission amend Order No
29806 to eliminate the October 17, 2005, filing date requirement, thus allowing Idaho filings to be
made to coincide with the interstate changes mandated by the FCC.
COMMISSION DECISION
Does the Commission wish to amend Order No. 29806 to eliminate the October 17, 2005
filing date requirement and allow the state tariff filings to coincide with the federal tariff filings?
If so, does the Commission wish to issue a Proposed Amended Order with a 14 day notice
and comment period to allow interested persons an opportunity to be heard regarding the Amended
Order?
u :dmemosl PIC change charge e2'tension . mel'11Q.
DECISION MEMORANDUM OCTOBER 18 , 2005
regarding LPIC and PIC change charges, and how the request to change either, or both, effects
the charge to be imposed, would likely result in more confusion than clarity for customers.
ORDER
IT IS HEREBY ORDERED that the intrastate/intraLA T A primary interexchange
carrier (LPIC) change charge shall coincide with the FCC's PIC change charge safe harbor
pricing structure. LPIC change charges at or below the safe harbor pricing structure will be
considered reasonable. The safe harbors are $1.25 for electronically processed LPIC changes
and $5.50 for manually processed LPIC changes. Additionally, when a customer requests an
LPIC change in conjunction with a PIC change, the company shall charge a rate that is equal to
50% of the full LPIC change charge rate, for both electronic and manual changes.
IT IS FURTHER ORDERED that all incumbent local exchange carriers shall file the
appropriate changes in their Idaho tariffs to become effective at the same time as the changes that
they must file in their federal tariffs lW latci than Oet~bt)r 17, 2995.
IT IS FURTHER ORDERED that no special customer notice or education, other than
that normally given pursuant to Commission Rules, is ordered or required.
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.
ORDER NO. 29806