20031114Decision Memo.pdf

DECISION 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