20101104order_no_32106.pdf

Office of the Secretary
Service Date
November 4 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
QWEST CORPORATION REQUESTING
AUTHORIZATION TO WITHDRAW ITS
STATEMENT OF GENERALLY
AVAILABLE TERMS AND CONDITIONS
CASE NO. QWE-08-
ORDER NO. 32106
On July 30 2010, Qwest Corporation filed an Amended Petition that "supersedes the
pending portion of Qwest's Petition filed herein on May 2, 2008, in which Qwest sought
pennission to withdraw its Statement of Generally Available Tenns and Conditions (SGAT).
Amended Petition, p. 2. In Order No. 30750, issued March 17, 2009, the Commission granted
Qwest's request to withdraw the SGAT , but left open consideration of Qwest's proposal to also
withdraw its Perfonnance Assurance Plan (QP AP) and associated perfonnance indicator
definitions (Pills) that originally were attached to the SGAT. The QPAP, nonnally part of
interconnection agreements between Qwest and other telecommunication providers, gives
assurance that Qwest will provide fair and reliable access to its network.
In its Amended Petition, Qwest proposes a new Perfonnance Assurance Plan (QP
II) that Qwest states will provide economic incentive for it to provide non-discriminatory service
competitive local exchange carners (CLECs)as required under the federal
Telecommunications Act of 1996.According to Qwest's Amended Petition QPAP II
streamlines the measurements used to detennine service levels, removes measurements that are
currently in the Pills but are not in the current QPAP , and moves some measurements into
categories that continue to track the infonnation for possible future reinstatement of the
measurements. The proposed QP AP II also streamlines product categories by combining the
reporting for similar products or processes into one product category and removing products that
have very low activity levels. Amended Petition, pp. 11-12.
On October 8, 2010, Qwest filed a Motion to Approve QPAP changes. Qwest's
Motion is based on a Stipulation the Company filed on October 4 stating the parties had reached
an agreement regarding three specific changes to Qwest's QPAP. Qwest's Motion identifies the
three changes for approval by the Commission as (1) removal of the service known as
unbundled network element - platfonn (POTS)" or "UNE-P (POTS)"; (2) changing the fonn of
computer-to-computer interface used by CLECs from Electronic Data Interchange (EDI) to
ORDER NO. 32106
Extensible Markup Language; and (3) removal of the Tier 2 payment provIsIOns. The
Stipulation filed by the parties on October 4, 2010, states that Staff and Intervenors do not
oppose Qwest's proposal that the unbundled network element - platfonn be removed from the
Idaho PAP, and that the Staff and Intervenors support Qwest's proposal to modify the fonn of
computer-to-computer interface used by CLECs from Electronic Data Interchange to Extensible
Markup Language. Finally, the Stipulation states that Staff and Intervenors do not oppose
Qwest's proposal to remove Tier 2 payment provisions from the QPAP.
The QP AP currently provides for Qwest to make payments to CLECs if it fails to
meet specific performance standards (Tier 1 payments) and to make payments to a fund
administered by the Commission if additional specific standards or benchmarks are not met (Tier
2 payments). Tier 2 payments are made to a Special Fund account and to a Discretionary Fund
account. The Special Fund is to be used for QP AP administrative expenses and oversight
activities. The Special Fund was used for audits in 2005 and 2007, as well as the more thorough
review completed by Liberty Consulting in 2009 that is part of this case. Since 2003 when the
Special Fund was opened, approximately $16 300 has been used for administration and audit
activities. The current balance in the Special Fund is $34 713.14.
Qwest also established the Discretionary Fund in 2003 , and its stated purpose "shall
be limited to competitive neutral Idaho telecommunications initiatives" as detennined by the
Commission. The fund was established with $14 000, and has grown to a current balance of
$56 698. To date the Commission has not approved a use for any Discretionary Funds.
The Commission finds it reasonable to approve the three specific changes to the
QP AP identified by the parties in the Stipulation filed October 4, 2010. The first two changes
directly affect Qwest's delivery of interconnection services to CLECs, and the fact that the
CLEC parties to this case approve them provides a reasonable basis for the Commission to also
approve those changes. The third change - discontinuation of Tier 2 payments to the state - also
is reasonable in light of the intended use of the funds and the current balances in the Tier 2
accounts. The Commission has used less than $17 000 in Tier 2 funds to review and audit
Qwest's perfonnance under the QP AP during the past seven years. The balances in the Special
Fund and Discretionary Fund should be adequate to fund additional reviews in the future.
ORDER NO. 32106
ORDER
IT IS HEREBY ORDERED that the three specific changes to the QP AP identified by
the parties in the Stipulation filed October 4, 2010 are approved. Qwest may file a revised
QP AP with the following changes: (1) removal of the service known as "unbundled network
element - platfonn (POTS)" or "UNE-P (POTS)"; (2) changing the fonn of computer-to-
computer interface used by CLECs from Electronic Data Interchange (EDI) to Extensible
Markup Language; and (3) removal of the Tier 2 payment provisions.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 7'fh
day of November 2010.
/2i/.. KEMPTON, P SIDENT
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFORiJ
~ -
IS ONER
ATTEST:
1tHi-fJe D. Jewell
Commission Secretary
bls/O:QWE-08-wsll
ORDER NO. 32106