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HomeMy WebLinkAbout20031201_697.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:WELDON STUTZMAN DATE:NOVEMBER 20, 2003 SUBJECT:l.:AS~ GNK- THE 90-DA Y REVIEW OF SWITCHING ON IDGH CAPACITY LOOPS On June 17, 2003 , the Commission issued a Notice of Proceeding and Notice of Right to Intervene to open two cases in response to the Federal Communications Commission Triennial Review Order. Case No. GNR-03-22 was opened "to review within 90-days whether the FCC detennination that access to switching for high capacity loops such as DS-, if not available as a UNE from an ILEC, would impair the ability of other carriers to provide services." On September 25, 2003 , the Commission issued a Notice of Intent to Adopt FCC Presumption of Non-Impainnent in the 90-day proceeding. The Notice infonned interested parties that the FCC adopted a presumption that a competing carrier s ability to provide services is not impaired without access to switching on high capacity loops. The Notice also infonned parties that the Commission, absent evidence of impainnent presented by Idaho CLECs, would accept the presumption adopted by the FCC. The Notice required interested parties to notify the Commission no later than Friday, October 10, 2003 , if they intended to present evidence challenging the FCC's presumption of non-impainnent. No one notified the Commission that it intended to present evidence to challenge the FCC's presumption. Because no one indicated an interest in challenging the FCC's presumption that a competing carrier s ability to provide services is not impaired without access to switching on high capacity loops, Staff recommends the Commission issue a Minute Order to close this docket and accept the presumption adopted by the FCC. DECISION MEMORANDUM Commission Decision Should the Commission issue a Minute Order to close this docket and accept the FCC's presumption that a CLEC's ability to provide services is not impaired if it does not have access to switching on high capacity loops? Weldon B. Stutzman bls/M:GNRTO322 ws DECISION MEMORANDUM