20030305Commission Decision Approving Revised QPAP.pdf

Office of the Secretary
Service Date
March 5 , 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
INTHEMATTEROFU S WEST
COMMUNICATIONS, INC.S MOTION FOR AN )
ALTERNATIVE PROCEDURE TO MANAGEITS SECTION 271 APPLICATION
CASE NO. USW - T -00-
COMMISSION DECISION
APPROVING REVISED QP
LANGUAGE AND CLOSING
CASE
As part of Qwest's Section 271 case and subsequent application with the Federal
Communications Commission, Qwest developed a performance assurance plan (QP AP or Plan),
the purpose of which is to ensure the Company will continue to meet the access and
interconnection requirements of Section 271 following interLATA approval by the FCC. The
Q P 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 approved Qwest's entry into the interLA T A
market and reviewed the QPAP as part of Qwest's application. On January 22, 2003, Qwest
filed a Motion for Approval of Revised QP AP Language relating to the payment of Tier 2
penalties. On February 9, 2003, the Commission issued a Notice of Modified Procedure
providing for a 14-day comment period, to process Qwest's Motion.
In the Commission s fmal decision on Qwest's compliance with the Section 271
requirements issued June 10, 2002, the Commission discussed several issues regarding the
QPAP. 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 s recommendation. Staff noted that some
states apparently were considering requiring Tier 2 payments for each month that the
performance measures were missed, but Qwest asserted it had not made that change to its Tier 2
payments in any other state. Qwest also committed, however
, "
in the event that Qwest agrees to
remove the phase-in of Tier 2 payments for the QP AP in any state that participated in the ROC
multi-state QPAP process " to maky the same change to the Idaho QPAP. Commission Final
COMMISSION DECISION APPROVING REVISED
QPAP LANGUAGE AND CLOSING CASE
Decision p. 4. Tier 2 penalties are paid to the Commission for administrative costs related to the
QPAP.
Consistent with this background, Qwest states in its Motion that the QP AP currently
incorporates the recommendations of the facilitator regarding payment of Tier penalties.
Qwest states it has subsequently agreed to modify the Tier 2 trigger requirements in the Plans of
other ROC participating states. Accordingly, Qwest proposed to revise the Idaho QP AP for 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. Qwest
asked that the change be effective the first day of the month approved by the Commission, rather
than a different day of the month, for ease of administration. During the comment period
provided by the Commission, written comments were filed only by the Commission Staff, which
recommended approval of Qwest' s Motion.
The revisions to the QP AP proposed by Qwest are appropriate and should be
approved. The Tier 2 penalties as revised only increase the potential liability for Qwest by
obligating payment for each month the Tier 2 standards are not met. That change will provide
greater incentive for Qwest to fully meet the performance measures contained in the QP AP.
The Commission approves the change to the QP AP proposed in Qwest's Motion.
The Commission in its Notice stated that the change, if approved, would be effective as of
February 2003. Accordingly, the revised QPAP language regarding Tier 2 penalty payments
is approved, effective February 2003.
The Commission has also determined to close this docket, Case No. USW-00-
which was opened to evaluate Qwest's compliance with Section 271 prior to Qwest filing its
application with the FCC. Now that the FCC has granted Qwest's application for interLATA
service authority, the Commission will be involved with compliance reviews and other issues in
the future. New dockets will be opened in the future as new issues and cases arise.
COMMISSION DECISION APPROVING REVISED
QPAP LANGUAGE AND CLOSING CASE
DATED at Boise, Idaho this t/""day of March 2003.
~f~KJELLAND , PRESIDENT
~J;L J~.
ARSHA H. SMITH, COMMISSIONER
ATTEST:
~ ~
lJr-11
Commission Secretary
Vld/0:USWTOOO3 Revised QPAP Decision
COMMISSION DECISION APPROVING REVISED
QP AP LANGUAGE AND CLOSING CASE