20090506QWE to Staff 1-13.pdf

Qwesci2 (" ~ I'L,I'C,l
Qwest
1801 california Stret, Suite 900
Denver, Colorado 80202
Phone [phone]
Facsimile 303 383-67
terr.dunningtonlgwest.com
Spirit of ServiceTN zon9 ~tA'f -6 Pt~ 2: 03 Terr Dunnington
st Paralegal
May 5,2009
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, il 83702-5983
RE: Docket No. QWE-T-08-07
Dear Ms. Jewell:
Enclosed for filing with this Commission are three copies of Qwest s Responses to the First and
Second Set of Discovery Requests of the Commission Staff and non-confidential exhibits
thereto. Qwests Highly Confidential Exhibits A-F are being filed separately and under an
Attorney's Certificate.
If you have any questions, please contact me. Than you for your cooperation in this matter.
Very trly yours,~
Enclosures
cc: Weldon B. Stutzman, Esq.
Michel Singer-nelson, Esq.
Douglas K. Denney, Esq.
Alex Duare, Esq.
Mar Hobson, Esq.
Qwest.
Spirit of ServiceTN
VIA E-MAL and OVERNIGHT MAL
May 5, 2009
Weldon B. Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
GEl
2Uû9rJtY -6 Pl1 2: 04
Qwest
1801 Califomia Street, Suit 900
Denver, Colorado 80202
Phone [phone]
Facsimile 303 383-6667
tern.dunningtonlgwest.com
Terri Dunnington
Staff Paralegal
Re: Idaho Case No. QWE-T-08-7
Qwests Responses to Staffs First and Second Production Requests
Dear Mr. Stutzman:
Qwests objections and responses to the Commission Staff's First and Second Sets of
Production Requests are attached. Should you have any questions regarding this serving, you
may contact me at [phone].
Sincerely,
~~J\Gt~
Terr Dunington
Enclosures
cc: Alex Duare, Esq.
Mar Hobson, Esq.
CERTIFICATE OF SERVICE
I hereby certify that I have caused a true and correct copy of the foregoing Responses to
Staffs First and Second Set of Data Requests to be sent via email and overnght delivery on
May 5, 2009, to the following:
Weldon B. Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Weldon.Stutzmancmpuc.idaho.gov
I hereby certify that I have caused three tre and correct copies of the foregoing
Responses to Staff s First and Second Set of Data Requests to be sent overnight delivery on
May 5,2009, to the following:
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
I also hereby certify that I have caused a tre and correct copy of the foregoing
Responses to Staff's First and Second Set of Data Requests to be sent via email and U.S. Mail on
May 5, 2009, to the following:
Michel Singer-Nelson
Associate General Counsel
360Networks (USA) Inc.
867 Coal Creek Circle, Suite 160
Louisvile, CO 80027
mnelson~360.net
Douglas K. Denney
Director Costs & Policy
Integra Telecom
730 Second Avenue South, Suite 900
Minneapolis, MN 55402
dkdenney(lintegratelecom.com
~ù~
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7
INTERVENOR: Staff of the Idaho Public Utilities Commission
REQUEST NO: STF 1-1
REQUEST:
For Qwest's Boise Main and Boise West wire centers in Idaho, please
provide a detailed list of each collocated Competitive Local Exchange
Carrier (CLEC) as of January 31, 2009.
RESPONSE:
Qwest objects to this data request on the grounds that it seeks
information that is not relevant to the issues in this docket because
whether or not all CLECs were still collocated as of January 31, 2009 is
not relevant for purposes of non-impairment according to the FCC in its
TRRC. Subject to and without waiving these objections, Qwest responds asfollows:
For purposes of this Docket and in compliance with the criteria set forth
by the FCC in the TRRC, Qwest investigated and counted only fiber-based
col locators in the Boise Main and Boise West wire centers that were in
place as of May 2008. Qwest' s filing thus established the date from which
these wire centers are non-impaired in perpetuity. Moreover, as a result
of research being conducted in support of Qwest' s 2009 non-impairment
filings, Qwest found that the fiber-based col locators identified in this
docket are still in èxistence, and thus the numer of collocators has not
changed in the Boise Main and Boise West wire centers. A list of these
col locators is included in the Direct Testimony of Rachel Torrence as
Qwest Highly-Confidential Exhibit 10.
Respondent: Rachel Torrence, Senior Staff Witnessing Rep
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7
INTERVENOR: Staff of the Idaho Public Utilities Commission
REQUEST NO: STF 1-2
REQUEST:
For each of the CLECs identified in Request No.1, please identify all
services provided by Qwest as of January 31, 2009, including but not
limited to QPP, QLSP, Unbundled loops (DSO, DS1, DS3) and EELs.
RESPONSE:
Qwest objects to this data request on the grounds that it seeks
information that is not relevant to the issues in this docket. Qwest
further objects to this data request on the grounds that it is overly
broad and unduly burdensome because Qwest only seeks non-impairment for
the Boise Main and the Boise West wire centers. Subj ect to and withoutwai ving these obj ections, Qwest responds as follows:
The Boise Main and Boise West wire centers both qualified for non-impaired
status when Qwest filed the original non-impairment list with the FCC in
February 2005. The FCC's rule, 47 U.S.C. § 51.319 (3) (i) and (ii), state
that once a wire center is determined to be a Tier 1 or Tier 2 wire
center, that wire center is not subject to later reclassification as a
Tier 2 or Tier 3 wire center.
As defined by the FCC in TRRC paragraph 105, bUsiness line counts are an
objective set of data that ILECs already have created for other regulatory
purposes and the Bell' Operating Company ("BOC") wire center data that the
FCC analyzed in the TRRC was based on the data in BOCs' ARIS 43-08reports (in addition to business UNE-P and UNE loops). Please see
Highly-Confidential Attachments A and Band C for the December 31, 2008
ARMIS Line Counts, UNE loop! QLSP and EEL counts. BOCs are required to
file ARMIS 43-08 data with the FCC annually. ARMIS dàta is run in
December of each year for filing the following April (e. g., December 2008
data was used for the April 2009 ARMIS 43-08 filing). Please also see the
Direct Testimony of Renee Albersheim for the methodology for countingbusiness lines.
Respondent: Candace Mowers, Staff Advocate
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7
INTERVENOR: Staff of the Idaho Public Utilities Commission
REQUEST NO: STF 1-3
REQUEST:
For each CLEC identified in Request No.2, please provide the circuit
identification for each Unbundled Loop and each EEL.
RESPONSE:
Please see Highly-Confidential Attachments D and E.
Respondent: Candace Mowers, Staff Advocate
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7
INTERVENOR: Staff of the Idaho Public Utilities Commission
REQUEST NO: STF 1-4
REQUEST:
Based upon Qwest's response to Request No.1, please describe the
collocation(s) that it has in the Boise Main and Boise West wire centers
for each:
a) Type of collocation
b) Equipment in the collocation
RESPONSE:
Subject to and without waiving Qwest's objections set forth in response to
data request No.1, which Qwest incorporates herein, Qwest responds asfollows:
a) The type of collocation as well as data regarding the
cri teria defining a fiber-based col locator , and other supporting data
for both of these Idaho wire centers are contained in the list of these
col locators included in the Direct Testimony of Rachel Torrence as
Qwest Highly-Confidential Exhibit 9, The criteria defining a
"fiber-based collocator," as included in the exhibit referenced, is the
type of entrance fiber facility, the presence of a fiber facility that
terminates in the collocation and leaves the wire center premises, and
the presence of a connection to an active power supply.
b) A listing of the equipment within a collocation should be
obtained directly from the collocator. Due to the confidential and
proprietary nature of each CLEC's collocation arrangement, Qwest does
not believe it would be appropriate (and in the case of a physical
collocation, it is not possible) for. Qwest to perform such an inventory
without obtaining consent from the col locator, as well as access to the
collocation granted by the col locator .
Respondent: Rachel Torrence, Senior Staff Witnessing Rep
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7
INTERVENOR: Staff of the Idaho Public Utilities Commission
REQUEST NO: STF.1-5
REQUEST:
Please provide ready-for-service dates for each collocation in Request No.
4.
RESPONSE:
The ready for service date is included in the list of fiber-based
collocators which is attached to the Direct Testimony of Rachel Torrenceas Qwest Highly-Confidential Exhibit 10.
Respondent: Rachel Torrence, Senior Staff Witnessing Rep
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7INTERVENOR: Staff of the Idaho Public Utili ties Commission
REQUEST NO: STF 1-6
REQUEST:
Based upòn answers to Request No.2, please provide a detailed list (by
wire center) of all fiber loops (including dark fiber).
RESPONSE:
Qwest objects to this data request on the grounds that it seeks
information that is not relevant to the issues in this docket, especially
because Qwest is not required to provide unbundled access to Optical
Carrier Network (OCn) or Dark Fiber loops. Specifically, per paragraphs
315 of the TRC, the FCC found that CLECs are not impaired on a nationwide
basis without access to OCN loops. In paragraph 166 of the TRRC, the FCC
found that requesting carriers are not impaired with respect to dark fiber
loops. DSO, DS1 and DS3 are provided on non-fiber facilities. See the
Direct Testimony of Renee Albersheim for further discussion of Qwest's
obligations under the TRC and TRRC. Qwest further objects to this data
request on the grounds that it is overly broad and unduly burdensome
because Qwest only seeks non-impairment for the Boise Main and the Boise
West .wire centers.
Subj ect to and without waiving these obj ections, Qwest responds as
follows: There are no dark fiber or OCn loops in the Boise Main or Boise
West wire centers.
Respondent: Candace Mowers, Staff Advocate
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7INTERVENOR: Staff of the Idaho Public Utili ties Commission
REQUEST NO: STF 1-7
REQUEST:
Is there a commercial agreement currently available to Idaho CLECs for
TELRIC-based interoffice dark fiber on routes for which Qwest has
requested forbearance?
RESPONSE:
Qwest objects on the grounds that it did not file a forbearance
application with the FCC for any Idaho routes. Subj ect to and without
waiving these objections, and assuming the request is intended to refer to
the wire centers for which Qwest has sought non-impairment status in its
Petition in this docket, Qwest responds as follows:
Qwest filed with the Idaho Commission for non-impairment status of the
Boise West and Boise Main wire centers as a result of having met the
non-impairment criteria outlined in the TRRC. The TRRC does not require
that state commissions approve non-impairment status; however, Qwest has
brought this matter to the Commission to be consistent with the process
outlined in the Settlement Agreement approved by five other state
commissions.
As stated in the Direct Testimony of Renee Albersheim, if a wire center is
determined to be non-impaired for certainUNEs, this means that, per the
FCC's rules, there is sufficient competition in that wire center and thus
Qwest is no longer obligated to provide those UNEs at TELRIC rates in that
wire center. The CLEC can purchase an alternative tariffed or commercial
service or facility from Qwest, or a service or facility from another
competitor, or the CLEC can choose to self provision the service orfacility itself.
In response to the second part of the request, Qwest does offer commercial
dark fiber arrangements. However, such commercial dark fiber arrangements
in wire centers that are no longer impaired are at market-based rates, and
not at TELRIC-based rates. As a result of TRRC, Qwest is no longer
required to offer dark fiber services at TELRIC-based rates in wire
centers that have met the FCC non-impairment standards. The FCC addresses
pricing of non 251 elements in paragraph 656 of the TRC:
Where there is no impairment under section 251 and a network element is
no longer subj ect to unbundling, we look to section 271 and elsewherein the Act to determne the proper standard for evaluating the term,
conditions, and pricing. See TRO, ~ 656, at page 409. (Emphasis
added. )
Respondent: Candace Mowers, Staff Advocate
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7
INTERVENOR: Staff of the Idaho Public Utilities Commission
REQUEST NO: STF 1-8
REQUEST:
If the answer to Request No. 7 is "yes", will TELRIC-baseddark fiber
agreements be made available to all CLECs if Qwest is granted forbearance?
RESPONSE:
Not Applicable. See the response to Request NO.7.
Respondent: Candace Mowers, Staff Advocate
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7INTERVENOR: Staff of the Idaho Public Utili ties Commission
REQUEST NO: STF 1 - 9
REQUEST:
For each CLEC listed in Request No.1, is there an active electrical power
supply available and being used in each wire center? Are there any CLECs
that are not actively plugged into the electrical equipment in either wirecenter? If "yes", please provide, by wire center, a list of those CLECs
that are not plugged into the electrical equipment.
RESPONSE:
Each of the col locators listed in the Response to Request No.1, and again
in the Response to Request No.5, are purchasing collocations with anactive power supply. Qwest' s onsite physical validation confirms that
indicators of usage are present. Each of the collocations listed is
currently connected, (i. e., "plugged" into the electrical power equipment)
in the Boise Main and Boise West wire centers. None of the collocators
are purchasing an ICDF or an FC collocation, the types of collocation that
do not have a without a power element.
Respondent: Rachel Torrence, Senior Staff Witnessing Rep
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7
INTERVENOR: Staff of the Idaho Public Utilities Commission
REQUEST NO: STF 1 - 1 0
REQUEST:
Please provide, by CLEC, a list of all collocation agreements that have
been canceled over the past two years. Please list, by CLEC, the numer
of collocation agreements entered into for the Boise Main and Boise West
wire centers in the past two years?
RESPONSE:
No fiber-based collocations have been decommissioned (canceled) in the
Boise Main or Boise West wire centers in the past two years. See
Highly-Confidential Attachment A for a list of new fiber-based collocation
arrangements entered into in the past two years. Please note that this
list references new fiber-based collocation arrangemnts, and not new
collocators. Of the new arrangements listed, only one arrangement
resulted in an additional collocator in either of the two wire centers
included in this docket. The col locators already have been counted, or
they reflect arrangements that have been entered into since Qwest's filing
in this docket.
Respondent: Rachel Torrence, Senior Staff Witnessing Rep
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7
INTERVENOR: Staff of the Idaho Public Utilities Commission
REQUEST NO: STF 1 - 1 1
REQUEST:
In your initial filing with the Commission, in footnote 9, you indicate
that you are using December 2003 ARMIS Report 43-08 data for switched
business access line information. Please update all data contained in
this, and any subsequent filings, to reflect January 2009 CLEC
information, line counts and products purchased.
RESPONSE:
Qwest objects to this data request on the grounds that it assumes an
incorrect fact in that Qwest did not indicate it is using December 2003
ARMIS Report 43-08 data for switched business access line information in
this docket. Qwest further obj ects to this data request on the grounds
that it seeks information that is not relevant to the issues in this
docket since it seeks data reflecting January 2009 CLEC information, linecounts and products purchased. Subject to and without waiving these
obj ections, Qwest responds as follows:
Qwest's June 27, 2008 with the Idaho Commission filing used Decemer 31,
2007 ARMIS data. Footnote 9 referred to the initial filing that Qwest
made in March, 2005 with the FCC after the TRRO was released. Qwest files
with the FCC when new wire centers are added to the non-impairment list.
Aside from the March 2005 and June 27, 2008 filings, Qwest has not made
any subsequent FCC filings which include Idaho wire centers. Further,
please see the response to Request No. 2 and Highly-Confidential
Attachment A for Qwest's most recent ARMIS 43-08 data.
Respondent: Candace Mowers, Staff Advocate
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7INTERVENOR: Staff of the Idaho Public Utili ties Commission
REQUEST NO: STF 1-12
REQUEST:
Please list by CLEC all unbundled and resold loops.
RESPONSE:
Qwest objects to this data request on the grounds that it seeks
information that is not relevant to the issues in this docket, and that it
is overly broad and unduly burdensome because Qwest only seeks
non-impairment status at the Boise Main and Boise West dockets. Qwest
objects to this data request on the grounds that it vague and amiguous
regarding the term "resold loops." Subj ect to and without waiving theseobj ections, Qwest responds as follows:
The FCC defines an unbundled loop as a transmission facility between a
distribution frame (or its equivalent) in a Qwest central office and the
loop demarcation point at an end user customer's premises. An unbundled
loop includes all features, functions, and capabilities of such
transmission facility. Those features, functions, and capabilities
include, but are not limited to, attached electronics that are necessary
for the full functionality of the loop (except those electronics used for
the provision of advanced services, such as Digital Subscriber Line Access
Multiplexers), and line conditioning. An unbundled loop includes DSO,
DS1, and DS3 Loops.
The FCC also defines "reseller" as a category ofCLECs who purchase the
use of finished services for the purpose of reselling thosetelecommunications services to their end user customers. Further still,
"business line" means a Qwest-owned switched access line used to serve a
business customer, whether by Qwest itself or by CLEC that leases the line
from Qwest.
Please see the response to Request No. 2 for Qwest's CLEC unbundled loop
volumes. Resold business lines are included in the ARMIS data, but arenot broken out separately. There is no such product as a "resold loop."
Candace Mowers, Staff Advocate
QWEST CORPORATIONDOCKET: Case No. QWE-T-08-7
INTERVENOR: Staff of the Idaho Public Utili ties Commission
REQUEST NO: STF 2-13
REQUEST:
Please provide 43-08 ARMIS Reports for 2007 through 2009.
RESPONSE:
The 2007 highly confidential Idaho ARIS data was provided to members of
the Commission Staff after the execution of the Nondisclosure Agreement.
The 2008 Idaho ARMIS data is provided in response to Request No. 2 in
Highly-Confidential Attachment A. 2009 ARMIS data will not be available
until April 2010.
Respondent: Candace Mowers, Staff Advocate