20071108final_order_no_30461.pdf

Office of the Secretary
Service Date
November 8, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S REVISIONS TO THE
IDAHO QWEST PERFORMANCE
ASSURANCE PLAN (QP AP)
CASE NO. QWE-03-
ORDER NO. 30461
On June 26, 2007, Qwest Corporation filed a Notice of Stipulation Regarding Certain
Performance Indicator Definitions and Qwest Performance Assurance Plan Provisions and a
Joint Motion on Behalf of Stipulating Parties to Accept Same. Exhibit 1 to Qwest's pleading is a
stipulation signed by Qwest and four competitive local exchange companies (CLECs): Eschelon
Telecom, Inc.; DIECA Communications, Inc.; McLeodUSA Telecommunications Services, Inc.
and US Link, Inc. dba TDS Metrocom. The stipulating parties agreed to changes to Qwest's
Performance Assurance Plan (QPAP) and to Qwest's service Performance Indicator Definitions
(PIDs). Exhibits 2 and 3 to Qwest's pleading show the changes to the QPAP in redlined and
clean versions, and Exhibits 4 and 5 show the changes to the PIDs in similar format. Qwest filed
an Amended Notice and Motion on June 29, 2007, replacing the original, but did not file new
exhibits. Qwest requested that the Commission "accept" the stipulation describing the proposed
changes to the QPAP and PID, apply the changes to any interconnection agreement containing
the QP AP, and allow the PID to go into effect no later than 60 days after Qwest's filing pursuant
to 47 U.C ~ 252(f)(3).
Qwest notified CLECs of the opportunity to participate in sessions to discuss QP
and PID changes. Nineteen CLECs elected to only be notified of updates while six CLECs met
with Qwest in sessions between May 2006 and May 2007. Qwest also notified state commission
staffs that the Company and CLECs were meeting to discuss QP APIPID modifications. Four
CLECs entered into a stipulation with Qwest agreeing to the changes identified in the current
filing.
The Commission issued a Notice of Qwest's Application and Notice of Modified
Procedure on July 27, 2007, establishing August 17, 2007 as the deadline date for written
comments. Staff filed a Motion on August 15 , 2007, asking that the Commission extend the
comment period. The Regional Oversight Committee (ROC) that reviews Qwest activities in its
ORDER NO. 30461
14 state region requested additional time to obtain information from Qwest and review the effect
of the proposed changes on Tier 1 (to CLECs) and Tier 2 (to states) payments. Qwest agreed to
an extension in this case to September 28 , 2007, and the Commission issued an Order extending
the comment period to that date. Order No. 30416. Qwest subsequently agreed to allow Staff
until October 19 2007 to file supplemental comments. At no time did a CLEC seek to intervene
or file comments in the Idaho proceeding.
Qwest first filed its QP AP with the Commission in 2000 as part of the Company
successful effort to obtain authorization from the Federal Communications Commission (FCC)
to begin providing long-distance (interLA T A) telecommunications services. Prior to the
enactment of the federal Telecommunications Act of 1996, Qwest and the other Bell Operating
Companies (BOCs) were prohibited from providing long-distance telephone service. The 1996
Telecom Act states a process for the local companies to receive such authorization from the FCC
in Section 271 of the Act. To be successful under Section 271 , Qwest needed to show it was
complying with all its obligations under Sections 251 and 252 of the Telecom Act. It is Sections
251 and 252 that give rise to Qwest's Performance Assurance Plan and the associated PIDs.
Section 251 of the Telecom Act, entitled Interconnection, states the obligations of all
local exchange carriers, and additional requirements for incumbent local exchange carriers
(ILECs), to allow interconnection of their facilities with competitive local exchange carriers
(CLECs). Specific ILEC interconnection requirements include duties to (1) negotiate
interconnection terms in good faith; (2) provide dialing parity, number portability and
nondiscriminatory access to network elements on an unbundled basis; (3) offer for resale at
wholesale rates any telecommunication service that the carrier provides to retail customers; and
(4) provide physical collocation of equipment necessary for interconnection or access to
unbundled network elements at the premises of the ILEC. 47 U.C ~ 251(a), (b) and (c).
Section 252 of the Telecom Act provides terms for negotiation or arbitration of
interconnection agreements, and approval of agreements by state commissions. In addition to
entering into interconnection agreements for state approval, Section 252(f) allows a Bell
Operating Company to file "a statement of the terms and conditions that such company generally
offers within that State to comply with the requirements of section 251 and the regulations
thereunder " referred to as a statement of generally available terms (SGA T). Qwest filed its
ORDER NO. 30461
original SGA T with the Commission in June 2000. The QP AP and related PIDs became part of
the SGA T as a result of Qwest' s Section 271 application filed with the FCC.
As Section 2.1 of the QP AP states, the QP AP is a two-tiered, self-executing remedy
plan. Tier 1 payments are made to CLECs if Qwest "does not provide parity between the service
it provides to CLEC and that which it provides to its own retail customers, or Qwest fails to meet
applicable benchmarks." QP AP Section 2.1. If Qwest fails to meet parity and benchmark
standards on an aggregate CLEC basis, Qwest is required to make Tier 2 payments to a fund
established by the state commission or, if required by law, to the state general fund. QP
Section 2.
The last changes to the QP AP and PIDs prior to the current filing were in 2004.
Changes are typically arrived at through agreement between Qwest and CLECs, or from
participants in a Long Term PID Administration, including members from state commissions. It
is not unusual for the Commission to issue notice of proposed changes and, if no CLEC
responds, to allow the changes to become effective after 60 days pursuant to 47 US.c. ~
252(f)(3)(B). By that process, the Commission is not precluded "from continuing to review a
statement that has been permitted to take effect under subparagraph (B) of such paragraph or
from approving or disapproving such statement under paragraph (2)." 47 U.C. ~ 252(f)(4).
Staff filed supplemental comments on October 19 , 2007 recommending the
Commission take no action on Qwest's Application and allow the changes to the SGA T to
become effective after 60 days pursuant to 47 U.C. ~ 252(f)(3)(B). Staff will continue to
participate in ROC reviews of the QP AP and PIDs, including a PID audit currently underway by
Liberty Consulting.
Because Qwest agreed to extensions for processing the case, it is not clear on what
date the 60 days expires, allowing the changes to become effective. 47 U.C ~ 252(f)(3)
requires the Commission, within 60 days, to either complete its review, or permit the changes to
the SGAT to take effect. Qwest agreed to extend the time for review to October 19, 2007 , and
the Commission finds it reasonable to make that the effective date for the changes. The
Commission reminds the parties that allowing the changes to become effective does not prevent
the Commission from continuing to review the SGAT, as stated in 47 US.C. ~ 252(f)(4).
ORDER NO. 30461
ORDER
IT IS HEREBY ORDERED that the changes to the .Qwest Performance Assurance
Plan (Exhibit K to Qwest's SGA T) and to the Performance Indicator Definitions (Exhibit B to
Qwest's SGA T), as set forth in the Stipulation filed in this case, are deemed effective as of
October 19 2007, pursuant to 47 U.C. ~ 252(f)(3).
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. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this $If".
day of November 2007.
MACK A. REDFORD, P.
MARSHA H. SMITH, COMMISSIONER
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ATTEST:
~ill Je D. Jewel
ISSlOn Secretary
O:QWE- T -03-23 - ws3
ORDER NO. 30461