Wholesale: Products & Services

Open Product/Process CR 5263637 Detail

Description Of Change

Modification

08/22/01 - Added Action Item 25, Advance Notification of future builds.

08/22/01 - Added Action Item 28, Resale Orders vs. Unbundled Loop Orders-Held Order Process

08/22/01 - Added Action Item 29, State Specific Rules for future build policy

Project Meetings

October 29, 2001 Conference Call

866-289-7092 5263637, Installation of Adequate Facilities Attendees: Ric Martin, Qwest Susie Bliss, Qwest Kathleen Stichter, Eschelon

1.0 Purpose Review Qwest’s October 15, 2001 response and Eschelon’s e-mail dated October 18, 2001 2.0 Review Documents and Clarify Requirements 2.1 Ric Martin reviewed Eschelon’s e-mail and clarified that Eschelon wanted to clearly see the written policies and specific exceptions to the policies. 2.2 Susie Bliss explained that, to the maximum extent practical, policies specific to products would be contained in the product PCATs. Susie advised that Qwest agreed to clarify our policies and state any exceptions to the policy. Qwest is in the process of updating the General Unbundled Loop PCAT and the General Resale PCATs. Qwest is clarifying the exceptions under the Tariff, Regulations and Policy section of the above PCATs. Susie advised that within the next couple of weeks the two specific products would be updated in the PCAT to clearly define the policies and ensure that exceptions are clearly stated. 2.3 Kathy Stichter asked if there were any other exceptions like Minnesota. Susie Bliss explained that there were no other current exceptions. 2.4 Susie Bliss advised that as additional rulings get handed down, Qwest would update the PCATs accordingly and issue the requisite notifications. 2.5 Kathy Stichter asked about Qwest’s retail policy. Susie Bliss advised that the Qwest Resale is the Qwest Retail policy. 2.6 Susie Bliss is to provide the approximate timeframe for publishing the General Resale and General Unbundled Loop PCATs. 2.7 Ric Martin will communicate the dates to the CLEC Community via the requisite notifications. 2.8 Ric Martin advised that with the Update of the PCATs, it would be Qwest’s intent to move the CR into a CLEC Test Phase to allow the CLEC’s review the PCAT language. 2.9 Kathy Stichter stated that the above actions should meet their expectations.

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RE: Response - CR 5263637 - Installation of Adequate Facilities - Fourth Attempt Date: Thu, 18 Oct 2001 13:36:33 -0500 From: Clauson, Karen L. ,klclauson@eschelon.com> To: Matthew Rossi , mrossi@qwest.com CC: Powers, F. Lynne,flpowers@eschelon.com, "Stichter, Kathleen L,. Thank you for the response. We will review it internally. With respect to state-specific issues, we had asked Qwest to identify any state-specific exceptions. Qwest agreed to do so. Eschelon also asked that Qwest modify its written policy to state the exceptions in the policy, instead of using a general footnote that refers to exceptions without stating what those exceptions are. As written, the policy does not reflect those exceptions. The policy has not been modified so that a CLEC reading it would know how the policy applies in each state. The reply refers to the Minnesota merger agreement as "one such exception." This suggests that there are other exceptions, but Eschelon does not know what they are. Please identify the exceptions and modify the written policy to list the exceptions so that CLECs reading the policy can identify how the policy operates in each state. Thank you.

CenturyLink Response

October 15, 2001

Lynn Powers Vice President, Eschelon Telecom, Inc.

CC: Matthew Rossi

This letter is issued to amend Qwest’s response letter dated August 9, 2001 and is in response to your CLEC Product & Process Change Request 5263637. Request –

? Modify Qwest’s processes to ensure installation of adequate facilities and reduction in the number of held orders. Through recurring rates, Qwest is being compensated for expanding its network to account for new growth. Qwest will build facilities for its own retail customers. (In Arizona arbitration's, for example, Qwest reported that it installs 3 lines per customer to anticipate growth.) However, Qwest will not do so for CLECs in similar situations. Qwest has rejected orders from Eschelon for the stated reason that “no jobs planned in the near future for this area.” (Examples of such rejections were provided to Eschelon’s account team on August 30, 2000.) The orders are placed in held status indefinitely, with no date for completion. When asked about these rejections, Qwest indicated it believes it has no obligation to build. At the last CICMP meeting, Qwest again confirmed that it is Qwest’s policy not to build additional UNEs when Qwest is out of capacity, but Qwest will build for a retail customer’s order. As indicated, however, Qwest is being compensated for such growth and would build for its own retail customer in the same situation. Please modify Qwest’s practices to build in these situations and to provide notice to CLECs as to when held orders will be completed. In the meantime, until such processes are in place, please institute a process to provide to CLECs (perhaps through a website) a list of those areas for which Qwest has jobs planned, a list of areas for which no jobs are planned, and a description of the nature of the jobs planned. Because Qwest has access to this information for its planning purposes, parity requires that CLECs also have access to the same information for their planning purposes.

Response –

As discussed earlier, currently Qwest has no plans to modify the existing policy or processes regarding Qwest’s obligation to build new facilities. The issues addressed in your CR have been discussed in workshops. Some of the issues have been resolved. Rulings have been received in 10 of the 12 workshops to date. In each ruling, the Commissions support the Qwest position that the ILEC is not required to build additional facilities to deliver to a CLEC.

In order to help identify the current status of the issues we put together a summary outlined in Attachment A. This status was as of October 1, 2001. Attachment B documents our replies to the questions associated with this CR. We appreciate the time you spent clarifying each of your questions. Qwest will review our current PCATs to ensure they reflect the current status of any past rulings and we will continue to do so as states rule on the issues at impasse.

Finally, between the August 7th reply, the August 9th reply, and the attached, Qwest believes we have addressed the issues associated with this CR and we need to let the regulatory process determine the next steps.

Sincerely,

Susie Bliss Qwest Wholesale Process Director

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August 9, 2001

Lynne Powers Vice President, Customer Operations Eschelon Telecom Inc.

CC:Matthew Rossi Cindy Buckmaster Denny Graham

This letter is in response to your CLEC Change Request Form #5263637 dated December 1, 2000

Change Request: “Installation of Adequate Facilities and Reduction in Number of Held Orders” “Modify Qwest’s processes to ensure installation of adequate facilities and reduction in the number of held orders. Through recurring rates, Qwest is being compensated for expanding its network to account for new growth. Qwest will build facilities for its own retail customers. (In Arizona arbitration, for example, Qwest reported that it installs 3 lines per customer to anticipate growth.) However, Qwest will not do so for CLECs in similar situations. Qwest has rejected orders from Eschelon for the stated reason that “no jobs planned in the near future for this area.” (Examples of such rejections were provided to Eschelon’s account team on August 30, 2000.) The orders are placed in held status indefinitely, with no date for completion. When asked about these rejections, Qwest indicated it believes it has no obligation to build. At the last CICMP meeting, Qwest again confirmed that it is Qwest’s policy not to build additional UNEs when Qwest is out of capacity, but Qwest will build for a retail customer’s order. As indicated, however, Qwest is being compensated for such growth and would build for its own retail customer in the same situation. Please modify Qwest’s practices to build in these situations and to provide notice to CLECs as to when held orders will be completed. In the meantime, until such processes are in place, please institute a process to provide to CLECs (perhaps through a website) a list of those areas for which Qwest has jobs planned, a list of areas for which no jobs are planned, and a description of the nature of the jobs planned. Because Qwest has access to this information for its planning purposes, parity requires that CLECs also have access to the same information for their planning purposes.”

Qwest Response: Qwest interprets both the FCC Telecom Act and subsequent UNE Remand to state that ILECs are obligated to make the existing network available to CLECs via unbundling. Qwest believes that this means that Qwest is not obligated to construct new facilities at its expense at the request of a CLEC.

The first part of this Change Request requires that Qwest ensure installation of adequate facilities. Qwest recognized that holding CLEC requests led to the mis-interpretation that Qwest was willing to construct these UNEs at some point in the future. As this isn’t the case, Qwest issued the Qwest Network Build Position for the Unbundled Loop (UBL) Product and ensured all operational work groups adhered to this practice. In short, the Position statement states,

Qwest will construct facilities for UBL that are in alignment with its Eligible Telecommunications Carrier (ETC) obligation to provide basic local exchange service in the retail markets. This means that Qwest will construct facilities to satisfy the primary DS0 - Analog (voice grade) lines for UBL as Qwest constructs these facilities for it’s own end-users.

The Primary services identified above are specific to the set number of lines per address. Address is defined as the specific Unit (Loc).

When the CLEC submits a request for a Secondary DS0-Analog (voice grade) line, DSL, ISDN, DS1 or DS3 service, the normal assignment process will be followed in its entirety. If no facilities can be found, and there is No Planned Engineering Job, the LSR will be rejected (the CLEC will receive a Reject Notice) and the Order will be cancelled. The CLEC now has the opportunity to request construction by filing the proper request through their Account Team.’

In this Statement, Qwest agrees to ensure adequate facilities to support Primary DS0-Analog (voice grade) requests only.

The second issue in this Change Request deals with Held Orders. In various sections of the Request, Eschelon requires Qwest to reduce the number of held orders, not leave held orders in held status indefinitely, with no date for completion and to provide notice to CLECs as to when held orders will be completed.

As Qwest believes the ILECs are not obligated to provide more than the existing network for the CLECs, it follows that the ILECs are not obligated to hold and review old CLEC requests on a regular basis. Therefore, Qwest’s implementation of the Network Build Position for the Unbundled Loop (UBL) Product ensured that all operational work groups were in alignment not to hold requests where facilities are not currently available.

A third issue in this Change Request indicates that Qwest confirmed its policy not to build additional UNEs when Qwest is out of capacity. This issue is not entirely accurately represented. UNEs and retail services utilize the same physical facilities. Where facilities are exhausted, Qwest retail customers will suffer in the same fashion as CLEC customers. Where facilities are exhausted, Qwest will not have the ability to provide additional lines to any customer, retail or CLEC. In most of these circumstances, Qwest is working to reinforce the availability of facilities in these areas.

The issue here is the availability of compatible facilities. For analog (voice grade) services, many types of facilities can be used. However, for some services, copper facilities are required. If Qwest has facilities that are not compatible for the services the CLEC is intending to deliver, Qwest will not construct compatible facilities for the CLEC.

Finally, this Change Request addresses the availability of information related to plans for Network Builds. In response to this request, Qwest is announcing a Network Build Disclosure Web site.

The Network Build Disclosure will notify the CLEC community of Outside Plant (OSP) growth jobs that exceed $100,000 in expense. The disclosure will consist of number of copper pairs or fiber strands placed per distribution area in wire centers, an estimated ready for service date and the final completion dates when job is complete. NOTE: Qwest will reserve the right to cancel jobs due to business decisions and will not be held liable for cancellations. This disclosure will be made September 30,2001 and will be continued on a monthly basis thereafter. Jobs will be dropped from the list 30 days after actual completion date is announced. Customers will be able to view the latest information regarding Qwest’s growth and major expansions in Qwest local serving area. This will help them to identify areas where additional facilities will be available for growth. This disclosure will be located on the Qwest’s external website located at www.qwest.com/wholesale/iconn/

Denny Graham Qwest Staff Compliance Representative

Cindy Buckmaster Nancy Hoag Qwest Wholesale Products