20070702Amended Notice of Stipulation.pdf

Mary S. Hobson
Attorney & Counselor
999 Main, Suite 1103
Boise, ID 83702
208-385-8666
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June 29, 2007
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, ill 83702-5983
RE:Docket No. QWE-O3-
Dear Ms. Jewell:
Enclosed for filing with this Commission are an original and seven (7) copies of Qwest
Corporation s AMENDED NOTICE OF STIPULATION REGARDING CERTAIN
PERFORMANCE INDICATOR DEFINITIONS AND QWEST PERFORMANCE
ASSURANCE PLAN PROVISIONS AND AMENDED JOINT MOTION ON BEHALF OF
THE STIPULATING PARTIES TO ACCEPT SAME in the above referenced matter. Qwest
intends that this amended pleading substitute for the Notice of Stipulation and Joint Motion filed
in this docket on June 26, 2007. Qwest further intends that the exhibits filed with the June 26
Notice and Joint Motion be treated as exhibits to this amended pleading.
If you have any questions, please contact me. Thank you for your cooperation in this matter.
Very truly yours
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Enclosures
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Mary S. Hobson (ISE. No. 2142)
999 Main, Suite 1103
Boise, ID 83702
Tel: [phone]
marv.hobson~qwest.com
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Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, W A 98191
Tel: [phone]
adam.sherr~qwest.com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S REVISIONS TO
THE IDAHO QWEST PERFORMANCE
ASSURANCE PLAN (QP AP)Docket No. QWE-O3-
AMENDED NOTICE OF STIPULATION REGARDING CERTAIN
PERFORMANCE INDICATOR DEFINITIONS AND QWEST
PERFORMANCE ASSURANCE PLAN PROVISIONS AND
AMENDED JOINT MOTION ON BEHALF OF THE
STIPULATING PARTIES TO ACCEPT SAME
Qwest Corporation ("Qwest") on behalf of itself, Eschelon Telecom, Inc.
Eschelon ), DIECA Communications, Inc. d/b/a Covad Communications Company
Covad") and McLeodUSA Telecommunications Services, Inc. ("McLeodUSA"
AMENDED NOTICE OF 2007 STIPULATION / AMENDED JOINT MOTION
Page 1 of 6
(collectively, the "Stipulating Parties" and each individually, a "Party ) submits the
Stipulation Regarding Certain Performance Indicator Definitions and Qwest Performance
Assurance Plan Provisions ("2007 Stipulation ). The Stipulating Parties 1 respectfully
recommend that the Commission accept the 2007 Stipulation, apply the agreed upon
changes to the Qwest Performance Assurance Plan ("PAP") and to the interconnection
agreements containing the PAP, and also allow the Performance Indicator Definitions
the PID" or "PIDs ) to take effect.
This submission results from collaborative work sessions among certain
Competitive Local Exchange Carriers (CLECs) and Qwest. The participants
identified above agreed upon a number of modifications to the PIDs and PAPs
that would provide a fair resolution and be in the public interest. The Stipulating
Parties' agreement has been documented in the 2007 Stipulation attached as
Exhibit 1.
These agreements were reached between Qwest and the CLECs in meetings
between May 23 2006, and May 17 2007.
All of these changes were discussed by the participants in one or more of the
sessions. Qwest provided notice of the opportunity to participate in the process as
well as the issues presented for discussion to each CLEC certified in each of its
fourteen states; nineteen CLECs in the region then elected to be notified of
updates and meetings while six regularly participated.
State commission staffs in each of the fourteen Qwest local service region states
were notified that Qwest and CLECs were engaged in PID/P AP modification
discussions. 2007 Stipulation p. 1.
US Link, Inc. d/b/a TDS Metrocom ("TDS Metrocom ) is a Stipulating Party,
however, it is certified as a CLEC only in North Dakota and Minnesota.
AMENDED NOTICE OF 2007 STIPULATION /AMENDED JOINT MOTION
Page 2 of 6
The Stipulating Parties recommend that the Stipulation be accepted by the
commissions and the changes implemented in each of the fourteen states in
Qwest's local region. Id.
The impacted PIDs are currently reflected in Exhibit B to the Statement of
Generally Available Terms and Conditions ("SGAT") while the PAP is currently
found in Exhibit K of the SGA T. A comprehensive redline of the changes to the
PAP is attached as Exhibit 2. A comprehensive redline of the PIDs is attached as
Exhibit 4. The Stipulating Parties have reviewed the proposed changes to both
documents and agree that they appropriately delineate the agreement and
appropriate administrative changes, and that the 2007 Stipulation should be
accepted. The "clean" versions of both documents are also attached as Exhibits 3
and 5 respectively. 2
The Stipulating Parties believe that the 2007 Stipulation provides a fair resolution
and is in the public interest. 2007 Stipulation p. I.
The Stipulating Parties seek to have the Commission accept the Stipulation and
implement the described changes for both the PIDs and the PAP without a
hearing. Id at p. 2.
Each of the other Stipulating Parties Eschelon, Covad, TDS Metrocom and
McLeodUSA, has authorized Qwest to file the 2007 Stipulation and jointly
requests with Qwest the applicable changes be implemented in each state.
10.Summary of Agreed Upon Changes
The revisions include several provisions that do not apply in some states; for
convenience, a summary of the portions applicable to Idaho is provided:
As in past filings, Qwest submits "clean" and "red-lined" versions of both
the PID and the PAPin which redlines appear on the document that is currently in effect.
AMENDED NOTICE OF 2007 STIPULATION / AMENDED JOINT MOTION
Page 3 of 6
a. Eliminate resale DSL from PIDs and Modify PID and PAP references to
Qwest DSL.
b. Change the MR-ll PID title to "LNP Trouble Reports Cleared within
Specified Timeframes.
c. Update the PID references to unbundled 2-wire non-loaded loop and
unbundled ISDN capable loop disaggregations to reflect the retail
analogue ofISDN BRI "(designed).
d. Update PO-20 to reflect it is fully implemented by making PID and PAP
revisions specified in the 2007 Stipulation.
e. Remove the PIDs specified in the 2007 Stipulation from PAP payment
mechanisms to the extent they currently are included in a specific state
PAP, subj ect to a Reinstatement/Removal process. Also, add a root cause
analysis provision.
f. Add exclusion to MR-6 PID that allows No Trouble Found (NTF) and
Test Okay (TOK) trouble reports to be removed when the ticket's duration
is one hour or less.
g. Change the standard for BI-3A PID to a 98% benchmark and add a
provision to the PAP for the BI-3A PAP payment calculation, creating a
tiered structure of per occurrence amounts and modifying the per
measurement cap for the sub-measure.
h. Add one allowable miss provision to the PAP for individual CLEC results
when the CLEC aggregate results have met the standard.
1. Revise the PAP to change the flat minimum payment amount of $2000
($300/$600 in Minnesota) with a tiered minimum payment approach that
establishes a relationship between the monthly PAP payment and the
required minimum payment amount.
j. Remove the following list of product disaggregations from all applicable
OP and MR PIDs in the 13 state PAPs:
Resale Centrex; Resale Centrex 21; Resale DSO; E911/911 Trunks;
Resale Frame Relay; Resale Basic ISDN; Resale Primary ISDN;
Resale PBX; Sub-loop Unbundling; UNE-P POTS; UNE-
Centrex; and UNE-P Centrex 21.
k. Eliminate six-month cap on Tier 1 escalation payment amounts in Idaho
PAP, so that payments will continue to increase in the event the payment
level indicator increases beyond payment level 6.
AMENDED NOTICE OF 2007 STIPULATION /AMENDED JOINT MOTION
Page 4 of 6
Additional Administrative Change
11.In addition to the agreed upon changes described in the 2007 Stipulation, Qwest
also removed MR-12 from the PAP as illustrated in the attached Exhibits 2 and 3
provided the other Stipulating Parties with the opportunity to review this deletion
and no comments, concerns or objections were noted. Qwest initiated the change
because the MR-12 PID was eliminated prior to the initial approval of the PAP
but references remained in the text through administrative error.
PID/P AP Change Information Provided to CLECs
12.Additionally, Qwest will provide notice of the filings, including a description of
the changes expected t result from the 2007 Stipulation, to all Idaho CLECs in its
region through the wholesale notification process within five days, and
additionally if required by a specific interconnection agreement.
The Stipulating Parties, respectfully request that the Commission accept the 2007
Stipulation describing proposed changes to the PAP and PID, apply the changes to any
interconnection agreements containing the PAP, and allow the PID to go into effect no
later than 60 days after this submission in accordance with 47 u.S.c. 9 252(f)(3).
DATED this 29th day of June, 2007.
Respectfully submitted
Mary S obson (ISE. No. 2142)
999 Mam. Suite 1103
Boise, ID 83702
Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA 98191
Attorneys for Qwest Corporation
AMENDED NOTICE OF 2007 STIPULATION / AMENDED JOINT MOTION
Page 5 of 6
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing AMENDED NOTICE OF
STIPULATION REGARDING CERTAIN PERFORMANCE INDICATOR
DEFINITIONS AND QWEST PERFORMANCE ASSURANCE PLAN
PROVISIONS AND AMENDED JOINT MOTION ON BEHALF OF THE
STIPULATING PARTIES TO ACCEPT SAME was served on the 29th day of June
2007 as follows:
Jean D. Jewell
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83702
Telephone [phone]
Facsimile: [phone]
i iewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
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Attorney for Qwest Corporation
AMENDED NOTICE OF 2007 STIPULATION / AMENDED JOINT MOTION
Page 6 of 6