20070928Comments.pdf

WELDON B. STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3283
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2001 SEP 28 Prl 2: 55
ILI/\HO PUBLIC
UTILlT!ES COMMISSIO(\
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST CORPORA-
TION'S REVISIONS TO THE IDAHO QWEST
PERFORMANCE ASSURANCE PLAN (QP AP)
CASE NO. QWE-O3-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Weldon B. Stutzman, Deputy Attorney General, in response to the Notice of
Application and Notice of Modified Procedure in Case No. QWE-03-23 issued in Order No.
30394 on July 27 , 2007 and Order No. 30416 issued on August 29,2008 , submits the following
comments.
BACKGROUND
On June 26, 2007, Qwest filed a Notice of Stipulation regarding certain performance
indicator definitions (PIDs) and Qwest's Performance Assurance Plan (QPAP) provisions. The
QPAP was developed in a regional workshop process during 2001-02 in which Qwest, numerous
competitive local exchange carriers (CLECs), and nine state commissions, including Idaho
participated. The PIDs comprise Exhibit B of Qwest'Statement a/Generally Available Terms
and Conditions (SGAT). The QPAP is Exhibit K of the SGAT.
STAFF COMMENTS SEPTEMBER 28 , 2007
The QP AP includes incentives to ensure Qwest provides service to its competitors at
parity with the service it provides to itself and to ensure Qwest's local service market continues
to remain open to competitive carriers. The QP AP requires Qwest to comply with agreed-upon
performance standards (PIDs) related to the wholesale service Qwest provides to CLECs. Like
the QPAP, the rIDs were developed in a multi-state collaborative process. Under the terms of
the QPAP, Qwest's failure to comply with the rIDs results in automatic payments from Qwest to
affected CLECs (Tier 1 payments) and, in certain instances, to the state special QP AP account
(Tier 2 payments).
Qwest filed its Stipulation and motion in all 14 states where Qwest is the incumbent local
exchange company and it is currently being discussed by the Regional Oversight Committee
(ROC) staff. Qwest agreed to an extension of time, until September 28 2007, for Staff to review
the particular PID/QPAP changes and file comments. The ROC staff has not completed its
review, however, and in addition Qwest on June 29 2007 filed an Amended Stipulation and
Motion to replace the initial pleading. Accordingly, Staff will not be able to complete its review
and file comments by September 28, 2007.
Qwest through its counsel informed Staff that the Company has no objection to allowing
Staff until October 19 2007 to complete its review and file supplemental comments regarding
Qwest's Stipulation and Motion. Accordingly, Staffrecommends the Commission take no action
on the Stipulation and Motion until Staff is able to review the filing with the ROC staff to ensure
the proposed changes to the rIDs and QPAP are compatible with the objectives of the SGAT.
Staff will file supplemental comments on or before October 19,2007 apprising the Commission
of the results of the ROC staff review, as well as the effects of the proposed changes on CLECs
in Idaho.
Respectfully submitted this ~0~day of September 2007.
Weldon B. Stutzman
Deputy Attorney General
Technical Staff:Carolee Hall
i:uumisc/comments/qwetO3.23wsch weldon
STAFF COMMENTS SEPTEMBER 28, 2007
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 28th DAY OF SEPTEMBER 2007
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. QWE-03-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
MARY S HOBSON
999 MAIN STE 1103
BOISE ID 83702
ADAM L SHERR
CORPORATE COUNSEL
1600 7TH AVE RM 3206
SEATTLE W A 98191
ESCHELON TELECOM INC
730 SECOND AVE S STE 1200
MINNEAPOLIS MN 55402
DIECA COMMUNICATIONS INC
DBA COV AD COMMUNICATIONS
COMP ANY
110 RIO ROBLOS
SAN JOSE CA 95134-1813
McLEODUSA TELECOMMUNICA nONS
SERVICES INC
PO BOX 3177
CEDAR RAPIDS IA 52406-3177
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SECRETARY
CERTIFICATE OF SERVICE