20030303_400.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:WELDON STUTZMAN
DATE:FEBRUARY 27, 2003
RE:CASE NO. USW-00-
APPROVAL OF REVISED QPAP LANGUAGE
On January 22 2003, Qwest filed a Motion for Approval of Revised QPAP Language
relating to the payment of Tier 2 penalties. Consistent with changes Qwest made to its QP AP for
other states, Qwest proposed to revise the Idaho QP AP to provide for Tier 2 penalties to be
calculated and paid monthly based on the number of performance measurements exceeding the
relevant critical values in any month. Under the current QP AP language, Qwest is required to
make 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.
On February 4, 2003 , the Commission issued a Notice of Motion to Revise QP
and Notice of Modified Procedure, providing for a 14-day comment period. Written comments
were filed only by the Commission Staff, which recommended approval of the revised QP
language. Staff noted that the proposed change providing for Tier 2 payments in any month in
which Qwest's performance falls short provides a more effective incentive for Qwest to meet the
performance measures. Staff also recommended the Commission close this case and process any
new issues that arise regarding Qwest's Section 271 performance be processed in a new docket.
The Commission s Notice stated the revised QPAP language if approved would be
effective as of February 1 , 2003. Staff therefore recommends the Commission approve the
revised QPAP language effective February 1, 2003, and further recommends the Commission
close this case.
DECISION MEMORANDUM
Commission Decision
Should the revised QP AP language be approved, and this case be closed?
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Weldon Stutzman
VldlN :usw - T -00-03 - ws- dmemo
DECISION MEMORANDUM