20030203_378.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:WELDON STUTZMAN
DATE:JANUARY 29, 2003
RE:QWEST'S MOTION FOR APPROVAL OF REVISED QP AP LANGUAGE
CASE NO. USW-00-
As part of Qwest's Section 271 case and subsequent application with the Federal
Communications Commission, Qwest developed a perfonnance 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
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 QP AP Language relating to the payment of Tier 2
penalties. Staff recommends Qwest's motion be processed by Modified Procedure with a 14-day
comment period.
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 perfonnance 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
, perfonnance measures were missed, but Qwest asserted it had not made that change to its Tier 2
DECISION MEMORANDUM - 1 -
payments in any other state. Qwest also committed
, "
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 QP AP process " to make the same change to the Idaho QP AP. Commission Final Decision
p. 4. Tier 2 payments inure to the Commission for administrative costs related to the QP AP.
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 Tier 2 trigger requirements in the Plans of
other ROC participating states. Accordingly, Qwest proposes to revise the Idaho QP
regarding the payment of Tier 2 penalties, now to be calculated and paid monthly based on the
number of perfonnance measurements exceeding the relevant critical values in any single month.
Qwest asks 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.
Staff believes the change proposed by Qwest, if approved by the Commission, should
be effective February 1 , 2003. Staff recommends that Qwest's Motion for Approval of Revised
Language to its QP AP be processed by Modified Procedure with a 14-day comment period.
Commission Decision
Should the Motion for Approval of Revised QP AP Language filed by Qwest be
processed by Modified Procedure with a 14-day comment period?
Weldon B. Stutzman
VldIM:USWTOO03 ws3
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