20040423Final Order No 29483.pdf

Office of the Secretary
Service Date
April 23, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF TARIFF ADVICE NO. 04-02-
N AND TARIFF ADVICE NO. 04-01-
CASE NO. QWE- T -04-
ORDER NO. 29483
On March 31 , 2004, Qwest filed tariff advices for both northern and southern Idaho
introducing promotional programs for both new and existing customers. The offerings would be
included as tariffed items, and would be available until cancelled by the Company. Qwest
requested an effective date of May 3, 2004. The promotions for new customers would allow a
sales representative to offer a potential new basic local exchange customer either: 1) a waiver of
nonrecurring fees; 2) a waiver of as much as two months recurring charges; 3) a waiver of an
amount up to the total of both nonrecurring charges and two months recurring charges; or 4)
merchandise, gift certificates or other benefits with a retail value not to exceed the value of
option three. As proposed, the Company may condition its offer on the residential customer
remaining with the Company for a minimum period of time, which time period is not specified
in the tariff. If the customer terminates early, he would be billed all the charges waived under
the program. Business customers would be required to remain with the Company for a period of
one year.
Sales representatives would be allowed to offer similar fee waivers to existing local
exchange customers seeking to disconnect any service. Waivers would be provided in the form
of credits on the bill. Customers would be limited to receiving the waivers only one time per
product. One other provision of the tariff advice allows the Company to discontinue the offer
with only 14 days notice.
Staff made two recommendations to make the tariff consistent with Idaho statutory
requirements. First, with respect to offering discounts and one-time credits, the Company must
make every effort to ensure that similarly situated customers are offered similar incentive credits.
Idaho Code ~ 61-313 provides, in relevant part, that a public utility may not refund or waive a fee
except such as are specified in such schedules and as are regularly and uniformly extended to
all corporations and persons." Likewise, Idaho Code ~ 61-315 states that no public utility shall
ORDER NO. 29483
as to rates, charges, service, facilities or in any other respect, make or grant any preference or
advantage to any corporation or person or subject any corporation or person to any prejudice or
disadvantage.
To make the proposal consistent with statutory requirements, Staff recommended the
tariff incorporate language that Qwest agreed to for a similar tariff filed in Washington state as
follows:
The Company shall use reasonable business efforts so that similarly situated
customers are offered similar incentive credits in similar circumstances.
It is also clear the provision of the tariff advices that allows the Company to
terminate the offer with only a 14-day notice does not comport with the provisions of Idaho
Code ~ 61-307. That section does not allow changes
, "
to any rate, fare, toll, rental, charge or
classification, or in any rule, regulation or contract relating to or affecting any rate, fare, toll
rental charge, classification or service, or in any privilege or facility except after thirty (30) days
notice to the commission and to the public." The 30-day change restriction is also stated in the
Commission s Rules of Procedure, IDAPA 31.01.01.134.02.
The Commission approves these tariff advices with the following changes to comply
with current statutory requirements:
1. The Company must add the language discussed above or similar language
to ensure that similarly situated customers are offered the same incentive
credits in similar circumstances in accordance with Idaho Code ~~ 61-
313 and 61-315.
2. The Company must change the 14-day termination to 30 days consistent
with Idaho Code ~ 61-307 and the Commission s Rules of Procedure
IDAP A 31.01.01.134.02.
ORDER
IT IS HEREBY ORDERED that Tariff Advice No. 04-02-N and Tariff Advice No.
04-01-S are approved, conditioned on the changes being made as set forth in this Order.
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.
ORDER NO. 29483
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;G nf/..
day of April 2004.
PA LKJELL R, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
ission Secretary
bls/O:QWETO406 - ws
ORDER NO. 29483