20030204Notice of Motion to Revise QPAP.pdf

Office of the Secretary
Service Date
February 4, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF U S WEST
COMMUNICATIONS, INc.'S MOTION FOR
AN AL TERNA TIVE PROCEDURE TO
MANAGE ITS SECTION 271 APPLICATION.
NOTICE OF MOTION TO
REVISE QP AP
CASE NO. USW-OO-
NOTICE OF MODIFIED
PROCEDURE
YOU ARE HEREBY NOTIFIED that as part of Qwest's Section 271 case and
subsequent application with the Federal Communications Commission, Qwest developed a
performance assurance plan (QPAP or Plan), the purpose of which is to ensure the Company will
continue to meet the access and interconnection requirements of Section 271 following
interLA T A approval by the FCC. The QP AP provides specific standards for Qwest's delivery of
services to competitor telecommunications companies and automatic penalties, identified as
either Tier 1 or Tier 2 penalties, if the standards are not met. The FCC recently approved
Qwest's entry into the interLATA market and reviewed the QPAP as part of Qwest's application.
On January 22 2003, Qwest filed a Motion for Approval of Revised QPAP Language relating to
the payment of Tier 2 penalties. Tier 2 payments compensate the Commission for administrative
costs related to the QPAP.
YOU ARE FURTHER NOTIFIED that in the Commission s final decision on
Qwest's compliance with the Section 271 requirements issued June 10, 2002, the Commission
discussed several issues regarding the QP AP. The facilitator for the Section 271 collaborative
case had recommended payment of Tier 2 payments only "if Qwest misses the performance
measures in two out of three consecutive months and subsequently misses the measures again in
the calendar year." Commission Final Decision p. 4. The Commission adopted the facilitator
recommendation. Qwest also committed
, "
in the event that Qwest agrees to remove the phase-
of Tier 2 payments for the QP AP in any state that participated in the ROC multi- state QP
process " to make the same change to the Idaho QPAP. Commission Final Decision p. 4.
YOU ARE FURTHER NOTIFIED that, consistent with this background, Qwest
states in its Motion that the QP AP currently incorporates the recommendations of the facilitator
regarding payment of Tier 2 penalties. Qwest states it has subsequently agreed to modify the
NOTICE OF MOTION TO REVISE QP
NOTICE OF MODIFIED PROCEDURE
Tier 2 trigger requirements in the Plans of other ROC participating states. Accordingly, Qwest
proposes to revise the Idaho QP AP regarding the payment of Tier 2 penalties, now to be
calculated and paid monthly based on the number of performance measurements exceeding the
relevant critical values in any single month. If approved by the Commission, the change will be
effective February 2003.
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission s Rules
of Procedure, IDAP A 31.01.01.201 through -204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
fourteen (14) days from the date of this Notice. The comment must contain a statement of
reasons supporting the comment. Persons desiring a hearing must specifically request a hearing
in their written comments. Written comments concerning this application shall be mailed to the
Commission and the Applicant at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
MARY S. HOBSON
STOEL RIVES LLP
101 S. CAPITOL, SUITE 1900
BOISE, ID 82702-5958
MAIL: mshobson0)stoe1.com
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, ID 83702-5983
These comments should contain the case caption and case number shown on the first
page of this document. Persons desiring to submit comments via e-mail may do so by accessing
the Commission s home page located at www.puc.state.id.Click the "Comments and
Questions" icon and complete the comment form using the case number as it appears on the front
of this document. These comments must also b~ sent to the Applicant at the e-mail address listed
above.
YOU ARE FURTHER NOTIFIED that the Motion in Case No. USW-OO-3 can be
reviewed at the Commission s office and at the principal office of Qwest during regular business
hours.
NOTICE OF MOTION TO REVISE QP
NOTICE OF MODIFIED PROCEDURE
DATED at Boise, Idaho this J./ po day of February 2003.
Commission Secretary
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NOTICE OF MOTION TO REVISE QP
NOTICE OF MODIFIED PROCEDURE