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HomeMy WebLinkAbout20051024_1358.pdfDECISION 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