20170127Decision Memo.pdf

TO:
FROM:
DATE:
RE:
e
DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRET ARY
LEGAL
WORKING FILE
CAROLEE HALL
JANUARY 27, 2017
QWEST CORPORATION DBA CENTURYLINK ("CENTURYLINK")
LETTER REQUESTING TO DISCOUNTINUE MONTHLY REPORTING
OF IDAHO PERFORMANCE ASSURANCE PLAN ("PAP") REPORTS
AND TO CLOSE THE DOCKET IN CASE NO. PAP-T-14-01.
BACKGROUND AND DISCUSSION
Docket No. PAP-T-14-01 was opened on March 24, 2014 for the purpose of filing Idaho
Performance Assurance Plan reports on a monthly basis pursuant to Order No. 32899 in Docket
No. QWE-T-08-04. The docket required that Qwest report all Performance Measures in offering
unbundled network elements to Competitive Local Exchange Carriers (CLECs). There were two
levels of penalty payments created. The first, Tier 1 penalty payments were to be paid to the
CLEC should Qwest miss a performance measure established in the QPAP. The second, Tier 2
payments were paid to the Commission for any future expenses in investigating the Company's
performance.
Because there had not been any penalties that warranted Tier 2 payments for a very long
time that account was closed June 3, 2016 in accordance with Commission Order No. 33532.
Upon closing the account a distribution of funds were made to Idaho Department of Health and
Welfare's Suicide Prevention Action Network and E-911 emergency dispatchers at POST.
Staff has been receiving monthly performance reports as required by the PAP Docket.
Staff and the Company have been discussing the need to continue the monthly reporting
requirement given that the Tier 2 account has been closed. Staff requested a statement from the
Company showing any Tier 1 penalty payments that had been paid to any CLECs in 2016. The
DECISION MEMORANDUM -1 -JANUARY 27, 2017
Company reported that in August there was one performance measure that was not met and a
significant penalty payment was paid to a single CLEC.
In its letter the Company is requesting that the monthly reporting requirement be
discontinued and that the case be closed. Staff believes that the monthly reporting can be
discontinued, however, given that there was a significant penalty payment made in 2016 Staff
believes that the case should remain open for future reporting purposes. After discussions with
the Company it was agreed that they could stop the monthly reporting and that if a performance
measure was missed resulting in a penalty payment the Company will then provide a report to
Staff indicting how much the penalty payment was, when the payment was made and what
performance measure was missed.
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed the letter and believes that the Tier 1 penalty payments to the CLECs
will continue to maintain the service performance parity required of the company and ensure that
network elements are available to competitors and promote competition for consumers in Idaho.
Staff recommends that the monthly reporting requirement be discontinued and that a
requirement of incident violations be reported as discussed above. Specifically, if a performance
measure is missed resulting in a Tier 1 payment to a CLEC the Company will report the amount,
date of payment and what performance measure(s) was missed.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/PAP-T-14-01 Qwest's request to discontinue monthly filings of the PAP
DECISION MEMORANDUM - 2 -JANUARY 27, 2017