Residential Utility Consumer OfficeCenturyLink - Application to Classify and Regulate Retail Local Exchange Telecommunications Services as Competitive, and to Classify and Deregulate Certain Services as Non-Essential
Docket Number: T-01051B-11-0378
On Thursday, October 13, 2011, Qwest Corporation, doing business as CenturyLink-QC ("CenturyLink" or "Company") filed an application with the Arizona Corporation Commission ("ACC" or "Commission"), petitioning the Commission for, one, a determination pursuant to A.C.C. R14-2-1108 that all Commission-regulated retail local exchange services CenturyLink provides are competitive telecommunications services, and, two, for a determination pursuant to A.R.S. §40-281(E) that certain of the retail services CenturyLink provides are not essential or integral to the public service and shall not be regulated by the Commission ("Application").
On Tuesday, November 22, 2011, RUCO filed an application to intervene in the matter.
On Friday, December 2, 2011, the Administrative Law Judge ("ALJ") assigned to hear CenturyLink's request issued a Procedural Order granting RUCO's request to intervene.
On Thursday, December 22, 2011, CenturyLink filed a document informing interested parties that the Company and ACC Staff were organizing an informal meeting for the purpose of allowing CenturyLink to explain its Application, and to give interested parties an opportunity to ask questions and express concerns in an informal information exchange and to also discuss the process for CenturyLink’ s Application.
The first of three informal meetings was held as scheduled in the Utilities Division's conference room at the ACC's Phoenix offices located at 1200 W. Washington. In addition to representatives from CenturyLink and ACC Staff, the meeting was attended by representatives from RUCO, Cox Communications, the Arizona Consumer Council, the Arizona Investment Council, various competitive local exchange carriers (through their attorney), and Rolka Loube Associates. During the meeting the representatives discussed scenarios for an expedited proceeding and possible dates and locations for an evidentiary hearing. At the end of the meeting it was decided that CenturyLink, ACC Staff, and RUCO would docket a proposed procedural schedule for the ALJ's consideration.
After two subsequent informal meetings, conducted on Monday, January 9, 2012 at 3:00 p.m. and Tuesday, January 10, 2012 at 9:30 a.m., the proposed procedural schedule was filed with the Commission on Wednesday, January 11, 2012.
On Tuesday, January 17, 2012 the ALJ assigned to the case issued a Procedural Order scheduling an evidentiary hearing on the matter for 10:00 a.m. on Monday, April 30, 2012 at 400 W. Congress in Tucson.
The deadline for filing motions to intervene in the matter was set for Wednesday, February 29, 2012.
Written direct testimony from CenturyLink was filed on Wednesday, January 25, 2012.
On Thursday, March 1, 2012, CenturyLink and ACC Staff filed a joint motion asking for an extension to file written testimony in the proceeding.
On Friday, March 9, 2012, the ALJ assigned to the case issued a Procedural Order approving CenturyLink and ACC Staff's request for an extension.
On Friday, March 16, 2012, RUCO filed its direct testimony recommending that the ACC adopt safeguards to protect consumers prior to deregulating and classifying certain residential phone services as competitive.
On Thursday, March 29, 2012, ACC Staff filed a notice informing interested parties that CenturyLink has indicated its desire to engage in settlement discussions on the Company's deregulation request. On Friday, March 30, 2012, CenturyLink filed a notice inviting all parties to attend settlement talks that were scheduled to begin at 10:00 a.m. on Thursday, April 5, 2012, in the Commissioners' Conference Room at the ACC's Offices located at 1200 West Washington Street in Phoenix.
Settlement discussions began as scheduled on April 5, 2012 but failed to produce an agreement with RUCO and other parties to the case.
On Monday, April 9,2012, CenturyLink filed an unopposed motion seeking a one-week extension on the filing date for rebuttal testimony.
On Monday, April 9, 2012, the ALJ assigned to the case issued a Procedural Order granting CenturyLink's request for a filing extension.
On Thursday, April 19, 2012, CenturyLink and the Department of Defense and all other Federal Executive Agencies ("DOD/FEA") filed a settlement agreement with the ACC.
RUCO filed its rebuttal testimony on Monday, April 23, 2012 (all parties to the case will have the opportunity to present any surrebuttal testimony orally during the hearing on Monday April 30, 2012).
A telephonic pre-hearing conference was conducted on Monday, April 23, 2012 in Room 218 at 400 W. Congress in Tucson, after the conference, DOD/FEA filed a motion to withdraw as intervenors to the case.
After considering responses to DOD/FEA's request from ACC Staff and AIC, the ALJ assigned to the matter denied DOD/FEA's request to withdraw from the proceeding on Thursday April 26, 2012.
The evidentiary hearing began as scheduled on Monday, April 30, 2012, but, due to unforeseen circumstances, was recessed early on Tuesday, May 1, 2012.
On Thursday, May 3, 2012 ACC Staff filed a request for a procedural order asking that the ALJ vacate the current hearing dates set for May 9 and 10, 2012 and reset the hearing dates for June 5 and 6, 2012, due to scheduling conflicts with ACC Staff witness Elijah Abinah. None of the other parties to the proceeding objected to ACC Staff's request.
On Friday, May 4, 2012, the ALJ assigned to hear the matter issued a Procedural Order granting ACC Staff's request.
The evidentiary hearing is now scheduled to resume at 10:00 a.m. on Monday, June 4, 2012, and at 9:30 a.m. on Tuesday, June 5, 2012.
After the evidentiary hearing, the ALJ will weigh all of the evidence presented during the proceeding and write a recommended opinion and order ("ROO") that will be voted on by the five sitting ACC Commissioners during a scheduled open meeting.
Because the proceeding is not subject to the Commission's time clock rules, RUCO has no estimate as to when the ACC Commissioners will vote on CenturyLink's request.