960830.docx

DECISION MEMORANDUM
TO:COMMISSIONER NELSON
COMMISSIONER SMITH
COMMISSIONER HANSEN
MYRNA WALTERS
TONYA CLARK
STEPHANIE MILLER
DAVE SCHUNKE
EILEEN BENNER
JOE CUSICK
SUSAN HAMLIN
BEV BARKER
GARY RICHARDSON
WORKING FILE
FROM:DON HOWELL
DATE:AUGUST 30, 1996
RE:SIX-MONTH REVIEW OF U S WEST’S COMPLIANCE WITH RESTORATION OF LOCAL SERVICE RULE 503, CASE NOS.  USW-N-95-2/USW-S-95-8
On January 19, 1996, the Commission issued Order No. 26303 adopting a Consent Agreement entered into between the Commission Staff and U S WEST Communications.  The Consent Agreement provided that U S WEST would voluntarily pay a civil penalty of $5,000 for southern Idaho and $2,500 for northern Idaho for each month that the Company failed to meet the requirements of our Telephone Customer Relations Rule 503.  This rule generally requires that a telephone company restore local service within 24 hours from the time a service outage is reported.  IDAPA 31.41.01.503.01.  The rule further provides that telephone companies “clear” 90% of the out-of-service trouble reports within 24 hours each month.  Order No. 26303 provided that the Commission would review U S WEST’s performance in approximately six months.
The Order provided that when U S WEST met the 90% standard for three consecutive months in both northern and southern Idaho, its obligation to pay the civil penalties would terminate.  As indicated in the chart below, U S WEST met the 90% standard in southern Idaho for the months of February, March, and April 1996.  Consequently, the Company is no longer remitting the civil penalty for southern Idaho.
1995
1996
Dec
Jan
Feb
Mar
Apr
May
June
July
Aug
Sept
Oct
northern
83
72*
82
88
82
91
86
84
southern
76
86
92
92
92
92
89
91
Source: Monthly BSM report.
    *Flood Conditions
In northern Idaho, U S WEST has failed to meet the 90% standard for 3 consecutive months. For June and July the Company has also failed to achieve an increase of at least 5% in its monthly performance level.  
In Order No. 26303, the Commission observed that it was pleased that U S WEST had “acknowledged the seriousness of this matter and is implementing actions to improve service restoration.  U S WEST should continue to monitor its compliance results and alter its practices as needed to achieve the requirements of Rule 503.”  Order No. 26303 at 5.
Commission Decision:
Given the Company’s failure to meet the three-month 90% standard in northern Idaho, what actions does the Commission desire to take?   
_________________________________________
Don Howell
vld/M:usw-n-95-2.dh