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HomeMy WebLinkAbout20031114Decision Memo.pdfDECISION MEMORANDUM TO:CO MMISSI 0 NER KJELLAND ER COMMISSIONER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY JOE CUSICK WELDON STUTZMAN WORKING FILE FROM:CAROLEE HALL DATE:NOVEMBER 7,2003 RE:QWEST'S REQUEST TO OPEN TWO NEW DOCKETS IN RESPONSE TO REVISED EXHIBIT KIN THE STATEMENT OF GENERALLY AVAILABLE TERMS AND CONDITIONS (SGAT) CASE NO. QWE-03-24; AND QWEST'S PERFOMANCE ASSURANCE PLAN (QP AP); CASE NO. QWE- T -03-23. On October 31 2003 , Qwest filed two applications asking the Commission to open two dockets for anticipated revisions to its Statement of Generally Available Terms and Conditions (SGAT) and Qwest's Performance Assurance Plan (QPAP). The filings were prompted by changes to the OP-5 performance indicator in the QPAP. Because the QPAP is also Exhibit K to Qwest's SGAT, a change to the QPAP necessitates in a change in Qwest's SGAT. OWE- T -03-24 OP AP As part of Qwest's Section 271 case the Company developed a QPAP to provide assurance that it will continue to meet its access and interconnection requirements following the grant of inter LATA long distance relief by the FCC. On March 15, 2003, following the Section 271 approval by the FCC, this Commission issued a decision approving revised QP AP language and also closing the case. Because the QP AP will continue to change, a docket should remain open for future revisions and modifications. DECISION MEMORANDUM - 1 -NOVEMBER 7, 2003 OWE-O3-24 SGAT On June 10, 2000, Qwest (formerly US WEST) filed its Statement of Generally Available Terms and Conditions (SGAT). Pursuant to the 1996 Federal Telecommunications Act, 47 U.9 252 (f)(3), the Commission allowed the SGAT to go into effect without approval after 60 days. The matter was given docket number USW-00-15. Over the years, the SGAT has seen several revisions, all of which were allowed to go into effect without Commission approval. Case No. USW - T -00-15 remains open, but Qwest asks that a new docket be opened to accommodate future SGAT revisions. Qwest has requested that the Commission close Case No. USW-00-15 and open Case No. QWE-03-24 for the OP-5 indicator revision and future SGA T revisions. These filings reflect the need for two separate, yet current, dockets to be opened. Qwest is making revisions to its Exhibit K, which modifies the QP AP and reflects changes stemming from the Long Term PID Administration in August of this year. The Company proposes that this QPAP modification to Exhibit K, Attachment 1 , reflect the change from OP-5 to OP-5A. The Company further proposes that the new OP-5A measurement become effective beginning January 2004 using November 2003 data. This modification also affects the SGAT, which has already been presented to the Commission through Advice No. SGA T -03-2 dated October 2 2003. This change reflects changes agreed to between the Company and its wholesale customers. STAFF RECOMMENDATION Staff recommends that the Commission open the dockets requested by Qwest, issue a joint Notice of Application, and process the modification to the OP-5 performance indicator by Modified Procedure. COMMISSION DECISION Does the Commission agree? u/chal1/decision memo/QWE- O3-23 and 24 new cases DECISION MEMORANDUM - 2 -NOVEMBER 7, 2003