20071019Comments.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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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 2007 , submits the following
comments.
BACKGROUND
On June 26 2007, Qwest filed a Notice of Stipulation regarding changes to certain
performance indicator definitions (PIDs) and Qwest's Performance Assurance Plan (QPAP)
provisions. The QPAP was originally developed in a multi-state workshop process during 2001-
02 in which Qwest, numerous competitive local exchange carriers (CLECs), and nine state
commissions, including Idaho, participated. The rIDs comprise Exhibit B of Qwest'Statement
STAFF COMMENTS OCTOBER 19 2007
of Generally Available Terms and Conditions (SGAT)l . The QPAP is Exhibit K of the SGAT.
The QP AP was developed in a regional workshop process and is to provide meaningful
and significant 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 continues to remain open to
competing carriers. The QP AP requires Qwest to comply with agreed-upon performance
standards (PIDs) related to the wholesale service Qwest provides to CLECs. Under the terms
the QPAP, Qwest's failure to comply with the PIDs 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). Currently a scheduled audit of the PID measurements is being performed by
Liberty Consulting Group. Liberty Consulting is reviewing each of the PIDs that were
established in the multi-state process to determine if Qwest is providing its wholesale services to
competitors at parity with its own services. It is anticipated that the final audit report will be
issued to the states by October 31 , 2007.
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
(ROCi staff. Qwest agreed to an extension of time, until September 28, 2007, for Staff to
review the particular PID/QP AP changes and file comments.
On September 25 2007, the ROC staff had not completed its review and anticipated
further discussions at the ROC meetings in Boise on September 26 - 27 2007. Therefore, Qwest
through its counsel informed Staff that the Company did not object to allowing Staff until
October 19, 2007 to complete its review and file supplemental comments regarding Qwest's
Stipulation and Motion. Accordingly, Staff in its comments filed September 28, 2007
recommended that the Commission take no action on the Stipulation and Motion until Staff was
able to review the filing with the ROC staff to ensure the proposed changes to the PIDs and
QPAP were compatible with the objectives of the SGAT. Staff planned to 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.
1 The SGA T is the Statement of Generally Available Terms and Conditions for Interconnection, unbundled network elements
ancillary services, and resale of telecommunications provided to CLECs by Qwest.
2 The Regional Oversight Committee is comprised of Commissioners and Staff members from Qwest's 14 state
region.
STAFF COMMENTS OCTOBER 19 2007
Currently the ROC is engaged and working toward a unified outcome that created the
PIP/QP AP process. Staff has not received any Idaho specific CLEC revenue impact data and
believes that information will be available in the multi-state pr~cess. Staff believes the ROC
process will be productive and that the end result will be positive. Staff encourages Qwest to
consider the limited resources of State staff personnel and the benefit both the Company and the
States will achieve through a multi-state regional process.
STAFF ANALYSIS AND RECOMMENDATION
Given the time constraints, Staff recommends that the Commission take no action on the
Stipulation and Motion and allow the Stipulated Exhibit B , the PIDS, and Exhibit K, the QP AP
to go into effect as provided for in the Federal Telecommunications Act of 1996. See 47 U.Sc.
252(f)(3)(B).
At the ROC meetings a resolution was passed supporting a multi-state process for future
PID and QPAP reviews. (See Attachment 1). Staffwill continue to work within the ROC
process of QP AP and PID review when the PID audit is completed by Liberty Consulting, as
well as the six-month QP AP review. Staff believes that a multi-state regional discovery process
if needed, allows economies of scale for state staff and Qwest. It will be much easier for Qwest
to provide analysis, data and reports on a regional, unified basis as opposed to each individual
state asking similar requests.
Respectfully submitted this \~\.A- day of October, 2007.
Weldon B. Stutzman
Deputy Attorney General
Technical Staff:Carolee Hall
i:uumisc/comments/qwetO3.23wsch carolee
STAFF COMMENTS OCTOBER 19 2007
RESOLUTION
of the Regional Oversight Committee
Supporting Multi-state Collaborative Discussions Regarding Qwest's Performance
Assurance Plans and Performance Indicators
Whereas: The Regional Oversight Committee includes interested Commissioners and
staff from the participating States; and
Whereas: The collaborative approach used in the past resulted in the development of
consensus in many controversial and difficult subjects, and was a fair and effective means
for resolving conflicts in which a consensus was not reached; and
Whereas: This approach, which preserves the right of each State Commission to reach
independent conclusions on any issue has been very effective
developing recommendations, as well as a clear and comprehensive record to support
subsequent Commission decisions; and
Whereas: Performance Assurance Plans and performance indicators ensure continuing
improvement in the provision of wholesale telecommunications service; and
Whereas: Qwest Corporation, Eschelon Telecom, Covad Communications, McLeodUSA
and TDS Metrocom have collectively presented revisions to Performance Assurance
Plans and performance indicators in each of the state commissions of the Regional
Oversight Committee; and
Whereas: Each state Commission of the Regional Oversight Committee has recently or
is now reviewing these revisions with limited resources;
Now therefore be it
Resolved: The Regional Oversight Committee supports the use of a collaborative
approach under the auspices of the Regional Oversight Committee to evaluate proposed
revisions to the Perfomiance Assurance Plan and performance indicators, with the
understanding that each participating state Commission may act independently on issues
where it might differ from the multi-state group decision or recommendation.
Adopted by the Regional Oversight Committee on September -' 2007.
Attachment I
Case No. QWE-03-
Staff Comments
10/19/07
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 19th DAY OF OCTOBER 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 WA 98191
ESCHELON TELECOM INC
730 SECOND AVE S STE 1200
MINNEAPOLIS MN 55402
DIECA COMMUNICATIONS INC
DBA COV AD COMMUNICATIONS
COMPANY
110 RIO ROBLOS
SAN JOSE CA 95134-1813
McLEODUSA TELECOMMUNICATIONS
SERVICES INC
PO BOX 3177
CEDAR RAPIDS IA 52406-3177
SECRETAR
CERTIFICATE OF SERVICE