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GHIGINAL 000011572"4"' 1 BEFORE the ARIR(E*@€P.E([ATION Cu1v11v11§B1un

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GHIGINAL 000011572 .r ll \lllllllllllll IH GHIGINAL 000011572"4"' 1 BEFORE THE ARIR(E*@€P.E([ATION Cu1v11v11§b1un 2 An'2ona Corporation Commissfm 3 COMMISSIONERS 288) AUS V! A 98 35 DDCKETED <4 j*. 5) KRISTIN K. MAYES, Chairman w ¢** i s Cbu i". *p u »\ . 9 L.; Vs 1 4 GARY PIERCE *"" 4*/Uiu;= '3¥m.. 4 8 AUG 1 72010 DUCKET cos§*§'R+;§1. 1--»-»~_.. , ,- PAUL NEWMAN - , - - - 5 SANDRA D. KENNEDY DGGKFTED BY BOB STUMP I 6 IN THE MATTER OF THE APPLICATION OF DOCKET no. T-03632A-06-009 l 7 DIECA COMMUNICATIONS DBA COVAD T-03267A-06-009 l COMMUNICATIONS COMPANY, ESCHELON T-04302A-06-0091 8 TELECOM OF ARIZONA, INC., MCLEODUSA T-03406A-06-0091 TELECOMMUNICATIONS SERVICES, INC., T-03432A-06-0091 9 MOUNTAIN TELECOMMUNICATIONS, INC., T-01051B-06-0091 XO COMMUNICATIONS SERVICES, INC. AND 10 QWEST CORPORATION'S REQUEST FOR COMMISSION PROCESS TO ADDRESS KEY 11 UNE ISSUES ARISING FROM TRIENNIAL REVIEW REMAND ORDER, INCLUDING 12 APPROVAL OF WEST WIRE CENTER LISTS. PROCEDURAL ORDER 13 BY THE COMMISSION: 14 15 On May 20, 2008, in Decision No. 70355, the Arizona Corporation Commission 16 ("Commission") approved a Settlement Agreement between Qwest Corporation ("Qwest") and 17 DIECA Communications, Inc., doing business as Covad Communications Company and Mountain 18 Telecommunications, Inc. ("Covad"), Eschelon Telecom of Arizona, Inc. ("Eschelon"), McLeodUSA 19 Telecommunications Services, Inc. ("McLeod"), and XO Communications Services, Inc. ("XO") 20 (collectively "Joint CLECs"). The Settlement Agreement resolved issues between Qwest and the 21 Joint CLECs concerning Qwest's initial list of unimpaired wire centers, and established procedures 22 that would apply between the parties with respect to future Qwest filings to update the unimpaired 23 wire center list. 24 In Decision No. 70747 (February 12, 2009), the Commission approved Qwest's 2007 and 25 2008 additions to the unimpaired wire center list. 26 On June 21, 2010, Qwest tiled an Application for Approval of 2010 Additions to Non- 27 Impaired Wire Centers List ("20l0 Application") and Motion for Procedural Conference. Qwest 28 sought to add the following Arizona wire centers to the list of unimpaired wire centers : S:H/J/Telecomm/TRRO UNE/PO 20 sets process 2010 I a n DOCKET NO. T-03632A-06-0-91 ET AL. 1 2 Wire Center CLLI TIER Non-Impairment For 3 Chandler Main CHNDAZMA Tier 1 DS1, DS3 Transport & DFI 4 Chandler West CHNDAZWE Tier 1 DSI, DS3 Transport & DF 5 Thunderbird SCDLAZTH Tier 1 DS3 Loops 6 Tucson East TCSNAZEA Tier 2 DS3 Transport and DF 7 On June 7, 2010, pursuant to the terms of the Settlement Agreement, Qwest sent an e-mail 8 notification of the anticipated wire center update proceeding to the Joint CLECs and all other affected 9 CLECs, and pursuant to the procedures adopted in Decision No. 70355, requested a Procedural 10 Conference to discuss procedures for processing the current application. l l The Commission convened a telephonic Procedural Conference on July 26, 2010, to address 12 procedural issues related to the 2010 Application. Qwest, the Joint CLECs and the Commission's 13 Utility Division ("staff') attended. 14 On August 6, 2010, as requested by the Administrative Law Judge and as agreed during the 15 July 26, 2010 Procedural Conference, Qwest filed a list of telecommunications companies in 16 Arizona, as a proposed service list in this phase. Qwest states that the information for the companies 17 delineated is the last known contact information for carriers which are certificated as local exchange 18 carriers in Arizona or which have interconnection agreements with Qwest for the exchange of 19 wireline traffic. Qwest reports that this list utilizes the same methodology used for the service list in 20 the last phase of this docket. 21 With its 2010 Application, Qwest submitted non-confidential versions of the supporting data 22 for its requested additions. Confidential versions of the data will be made available to those interested 23 parties that have executed the Protective Order that was approved in this matter. A copy of the 24 Protective Order is attached to Qwest's 2010 Application as Exhibit D. Those parties who have 25 executed the Protective Order in conjunction with earlier years' applications are not required to re- 26 sign the Protective Order for each new Qwest request. 27 28 1 Dark Fiber 2 ll Ill DOCKET NO. T-03632A-06-0091 ET AL. 1 During the July 26, 2010 Procedural Conference, the parties agreed that the procedures that 2 were adopted in connection with Qwest's 2007 and 2008 Applications were effective in those cases 3 and should be utilized in connection with the 2010 Application. 4 Although Qwest and the Joint CLECs agreed amongst themselves to a process for considering 5 additions to the unimpaired wire center list, other interested entities and Staff were not bound by the 6 process agreed to in the Settlement Agreement approved by Decision No. 70355. For example, while 7 the Settlement Agreement provides for the Joint CLECs to tile any objections to Qwest's proposed 8 additions to the unimpaired wire centers list within 30 days of Qwest's filing, in Decision No. 70355, 9 the Commission reserved the right to establish procedures for processing future applications which 10 might differ from those contained in the Settlement Agreement. Although the Commission is pot 11 bound by the timeframes established in the Settlement Agreement, those timeframes are at 12 unreasonable, and there is some benefit for establishing procedures that are consistent and apply to all 13 interested parties. This Procedural Order establishes procedures that will govern the 2010 14 Application. The procedures established herein are not intended to interfere with the procedures 15 established by Qwest and the Joint CLECs in the Settlement Agreement, but rather to provide 16 meaningful notice and opportunity for CLECs that did not enter into the Settlement Agreement to 17 participate in the docket as new additions to the list of unimpaired wire centers are considered. 18 Consistent with the procedure utilized in connection with the 2007 and 2008 applications, in 19 this phase of the proceeding to consider the 2010 Application, parties will have 25 calendar days 20 from the date of this Procedural Order to execute the Protective Order. Upon receipt of an executed 21 Protective Order, Qwest will make the confidential information supporting its wire center filings 22 available to that party within three business days. Parties will have at least 30 days to review the 23 supporting data and file an objection to Qwest's designation of a particular wire center as unimpaired. 24 To avoid multiple deadlines, the Commission will establish deadlines based on dates certain. 25 Under this approach, CLECs will have at least 30 days following the last day to execute the 26 Protective Order in which to review the underlying data. Thus, those CLECs that execute the 27 Protective Order sooner, rather than later, will have longer than 30 days to analyze the data. 28 Thereafter, Staff shall have at least fifteen calendar days following the deadline for CLECs to file 3 I DOCKET NO. T-03632A-06-0091 ET AL. 1 objections to Qwest's tiling in which to file a Staff Report or its own objection to Qwest's 2 designations. 3 Thus, based on the foregoing, the -Comlnission establishes the following deadlines for 4 responding to Qwest's 2010 Application: 5 Deadline to Execute Protective Order September 7, 2010 6 Deadline to File Objection to Qwest designation October 7, 2010 7 Deadline for Staff Report or Objection October 22, 2010 8 If there are no objections to Qwest's designations, the Commission may issue an Order 9 approving the addition(s) to the unimpaired wire center list without a hearing. In the event there is an 10 objection to any of Qwest's designations, or if circumstances warrant a hearing, a Procedural 11 Conference will be scheduled to establish the procedures that will apply to the Commission's 12 resolution of the dispute. 13 This Procedural Order is being sent to all CLECs certificated in Arizona as local 14 exchange carriers or which have interconnection agreements with Qwest for the exchange of 15 wireline traffic (as identified in the August 6, 2010 filing) and will serve as notice to such 16 CLECs of their opportunity to participate in this docket. Because of the extensive list, CLECs 17 that wish to remain on the service list with respect to the 2010 Application, and to continue to receive 18 copies of filings in this matter, must make an affirmative request to remain on the service list. 19 Failure to make such request will result in that entity not receiving future filings made in 20 connection with the 2010 updates to the unimpaired wire center list. A request to remain on the 21 service list does not obligate an entity to make future filings in this matter. Those parties who have 22 already made a request to remain on the service list in connection with earlier phases of this docket 23 need not file an additional request to do so and will continue to receive all filings in this matter. To 24 date, the following parties are on record as desiring to receive filings in this matter: Covad, McLead, ' r 25 Mountain Telecommunications, XO, Qwest, Eschelon, Arizona Dialtone, Inc., National Brands, Inc. 26 alba Sharenet Communications, Orbitcom and 360networks (USA) Inc. 27 IT IS THEREFORE ORDERED that the Protective Order approved in our Procedural Order 28 dated August 25,2008, shall remain in effect and shall apply to Qwest's 2010 Application and all 4 * DOCKET no.
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