20130913Comments.pdf

WELDON B. STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3283
Street Address for Express Mail:
472 W WASHINGTON
BOrSE rD 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC
4ir i--, er:l
i'
r!i"-
UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
QWEST CORPORATION DBA CENTURYLINK
QC FOR APPROVAL TO REPLACE THE
PERFORMANCE ASSURANCE PLAN BASED
UPON SETTLEMENT AGREEMENT IN
COLORADO.
CASE NOS. QWE-T-13-05
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through
its Attorney of record, Weldon B. Stutzman, Deputy Attorney General, and in response to
the Notice of Petition and Notice of Modified Procedure issued in Order No. 32877 on
August 14,2013, submits the following comments.
BACKGROUNI)
On July 31,2073, Qwest Corporation dba CenturyLink QC (Centurylink QC) filed a
Petition requesting the Commission approve replacement of the Company's Idaho Quality
Performance Assurance Plan (Plan or QPAP) with a revised QPAP. The new Plan results from a
settlement agreement between Centurylink QC and various competitive local exchange carriers
(CLECs) that participated in a Plan review before the Colorado Public Utilities Commission.
STAFF COMMENTS SEPTEMBER 13,2013
Under the federal Telecommunications Act of 1996 (L996 Act) Centurylink is a an
"incumbent local exchange carrier" (ILEC) as defined in section 251(h) of the 1996 Act 47
U.S.C. $ 251(h). Pursuant to Sections 251 and252 of the 1996 Act, CenturyLink is required to
enter into interconnection agreements with other providers of telecommunications services who
request access to its network, facilities or services.
The 1996 Act also provided a means by which Century Link could gain entry into in-
region interLATA service markets from which they had been legally precluded, commonly
referred to as "the 271process." The focus of the27l process was to ensure that the local
exchange marketplace was open for wireline competition and would remain open and that
nondiscriminatory service quality would be maintained once Century Link received2Tl.
In seeking FCC approval under Section 271, Centttrylink worked with interested parties
to develop performance measures known as Performance Indicator Definitions (PIDs), and put
into place a QPAP that applied specific standards to the performance data to assure compliance
with Section2Tl interconnection requirements. The PIDs and the QPAP became exhibits to the
interconnection agreements that CenturyLink offers to CLECs (specifically, Exhibits B and K,
respectively).
On May 2,2008, CenturyLink filed a petition with the Commission seeking to withdraw
its Statement of Generally Available Terms (SGAT) and eliminate its QPAP and PIDs. The
Commission granted Centurylink's request to withdraw its SGAT by Order No. 30750 entered
March 17,2009, but left open Centurylink's request to withdraw its Plan. On July 30,2010,
CenturyLink filed an amended petition proposing adoption of a new performance plan (QPAP ID
in lieu of withdrawing the existing QPAP. As that docket progressed, the Commission approved
some changes agreed to by the parties, but the issue of replacement of the existing QPAP with
QPAPII remained undecided. On July l,20ll, a joint request of Centurylink and a group of
participating CLECs collectively referred to as "Integra" asked that the Commission take no
further action in the docket "until at least eighteen months after the Closing Date of the
Qwest/CenturyLink merger." The merger officially closed April 1, 2011.
CenturyLink filed a similar proceeding before the Colorado Public Utilities Commission
(CPUC). The CPUC began a six-year review of the Colorado PAP (CPAP). In the review
process, the CPUC gave specific directions regarding some CPAP issues and general directions
on other issues, and directed the parties to negotiate a new CPAP that complied with those
directions. The parties in the Colorado CPUC case ultimately agreed upon a Settlement
STAFF COMMENTS SEPTEMBER 13,2013
Agreement and a redesigned CPAP. An integral provision of that Settlement Agreement was
that CenturyLink would petition the other 13 states in which the QPAP operates seeking the
adoption of the redesigned QPAP in place of the QPAPs currently in effect in the respective
states.
CenturyLink's Petition, which offers a redesign of the current Idaho QPAP, is based on
the Colorado CPAP review and the redesign that was adopted in that jurisdiction and supported
by the CLECs engaged in that docket. Centurylink provides the redesigned Idaho QPAP and
PIDs as Attachments 1 and 2 to its Petition. Attachment I consists of the redesigned QPAP
which constitutes a new Exhibit K for interconnection agreements; Attachment 2 consists of the
new PIDs that constitute Exhibit B for interconnection agreements. Attachment 3 provides a
comprehensive description of changes that the proposed, redesigned QPAP and PIDs would
make to the existing Idaho QPAP and PIDs.
STAFF REVIEW
There have been two audits of the multi-state QPAP and PIDs performed by a.,
independent 3'd party since the completion of the 271 case. Following the completion of the
audits, a comprehensive report was submitted to each state with state specific recommendations
about the PIDs and PAP. Each Idaho audit revealed that CenturyLink's PAP penalty payments
were declining. Part of the reduction was attributed to the Company improving its wholesale
services as well as a decline in the number of CLEC providers. As a result of the improved
performances, the Commission approved a reduction in certain PIDs. CenturyLink has
continued to provide monthly reports on its performance and penalty payments to the Staff.
Overall the Company has shown further reductions in penalty payments. There have been a few
months where there has been an anomaly and a spike in certain PAP payments. When contacted
by Staff, the Company has been responsive and for the most part has resolved the issues creating
the problem. There still remain a couple of PIDs that the Company consistently misses, but with
the revised PID/PAP proposal the Company will need to correct this or could end up with
significant penalty payments under the new plan.
One term of the Colorado settlement is perhaps somewhat problematic. Specifically, that
portion of the agreement that reads, ". . . effective on January 1,2014. CenturyLink funher
requests that the Commission deem all existing interconnection agreements that currently contain
the QPAP be modified to incorporate these revisions, also effective January 1,2014, without
STAFF COMMENTS SEPTEMBER 13,2013
need for further filings or approvals." Petition, p. 5. The CLECs involved in the settlement
agreed to this provision, and all CLECs in Idaho were notified of the terms by the Commission's
Notice in this case. Absent any objections, Staff supports approval of applying the revised
QPAP to existing interconnection agreements.
Overall, Staff believes that the changes proposed in the QPAP should not have a
detrimental effect on CenturyLink's wholesale services in Idaho. Moreover, through discussions
between Staff and the CLEC involved in the Colorado negotiations, Staff believes that the
changes being proposed have been vetted and have had a good representation ofthe CLEC
community as a whole. Staff further believes that the revisions that were approved by the
Colorado Commission recognize technological evolution within the industry, while still
maintaining incentives for CenturyLink to provide quality wholesale services.
STAFF RECOMMENDATION
Staff has reviewed the Colorado plan and supports its adoption.
Weldon B. Stutzman
Deputy Attorney General
Respectfully submitted this l3{/Ldry of September 2013.
Technical Staff: Carolee Hall
i:umisc:comments/qwet I 3. 5wsch comments
STAFF COMMENTS SEPTEMBER 13,2013
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 13TH DAY oF SEPTEMBER 2013,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. QWE-T-13-05, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
LISA A ANDERL
ASSOC GENERAL COUNSEL
CENTURYLINK
1600 7rH AVE ROOM 1506
SEATTLE WA 98191
EMAIL: [e-mail]
MARY S HOBSON
QWEST CORP
DBA CENTURYLINK QC
999 MAIN ST STE 1103
BOISE TD 83702
EMAIL: [e-mail]
SECRETAR
CERTIFICATE OF SERVICE