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March 26, 2004
Melissa Newman
Vice President-Federal Regulatory
Qwest Communications International, Inc.
607 14th Street, N.W.
Suite 950
Washington, D.C. 20005
RE: Section 271 Compliance Review Program for Arizona
Dear Ms. Newman:
The Commission has granted Qwest Communications
International, Inc. (``Qwest'') authorization to provide interLATA
services in Arizona, pursuant to section 271 of the Communications
Act of 1934, as amended (the ``Act'').1 The Enforcement Bureau
(``Bureau'') will monitor Qwest's compliance with section 271 in
Arizona through the Section 271 Compliance Review Program. This
program is based on a structured and systematic approach to
compliance review and enforcement. The Bureau has assigned a team
of auditors, attorneys, and other professional staff from the
Investigations and Hearings Division (``Compliance Review Team''
or ``Team'') to work with Qwest through the duration of the review
and to monitor Qwest's performance in the states where it has
received section 271 approval. The primary team members
responsible for this review are Mika Savir, Attorney Advisor, and
Robert Bentley, Auditor.
During the review, the Team will closely review Qwest's
performance in subject matter areas that the Commission has
identified as areas of concern in the Qwest Order. In this
regard, we have attached a list of areas about which the
Commission expressed its concern in the Qwest Order. The Bureau
will focus its review on these areas and relevant performance
measurements, however, it may also monitor other areas not noted
by the Commission in the Qwest Order.
The Bureau's review will occur in three phases:
Phase 1: The Phase 1 review will occur during the first six
months following the section 271 grant. A representative from the
Bureau will contact Qwest to schedule a planning meeting with
Qwest representatives and the Team overseeing the review. The
purpose of this meeting is to provide Qwest with the opportunity
to participate in developing the Review Program and to assist the
Bureau in determining the type and format of information
pertaining to Qwest's performance that the Team will review.
At the meeting, Qwest should be prepared to discuss the areas
of concern that the Commission noted in the Qwest Order (also
listed in the attachment to this letter) and to identify
knowledgeable employees, applicable corporate records, and
computer systems related to these areas. We will also discuss
consolidating this compliance review with the Qwest 9-state and 3-
state review.
Qwest should provide the names and contact information of
Qwest employees authorized to respond to requests for information.
Following the meeting, the Team will send a follow-up letter to
Qwest memorializing the discussions at the meeting and describing
the information Qwest is responsible for submitting to the Bureau
approximately six months after the approval date. The Team will
also continue to monitor Qwest's performance during Phase 1
through the monthly carrier-to-carrier performance reports.
Phase 2: The Phase 2 review will occur during the second
six-month period after the grant. This phase of the review
contemplates the issuance of a request for information directing
Qwest to update information submitted previously, and to provide
additional information concerning its performance since the Phase
1 review. The information responsive to this request will be due
at the end of the Phase 2 review period. The Team will continue
to monitor Qwest's performance through the carrier-to-carrier
reports. The Team will not limit its review in Phase 2 to
performance data or information derived from the second six-month
period; rather, when evaluating the need for any further action,
the Team will consider all of the post-authorization data and
information.
Phase 3: The third phase of the review will begin after
Qwest submits the information the Team required in Phase 2.
During this phase the Bureau may make informal inquiries of Qwest
regarding its section 271 compliance and will investigate
instances of suspected or alleged noncompliance.
At any time during this review, the Team may ask Qwest to
provide additional information. The Team may also request
additional meetings with Qwest employees who have expertise in
specific subject matters. These additional inquiries may
supplement existing requests or may encompass new inquiries.
If you have any general questions concerning the issues
raised in this letter, please feel free to contact Ms. Savir at
(202) 418-0384 or Mr. Bentley at (202) 418-0876. Thank you in
advance for your cooperation.
Sincerely,
Hillary S. DeNigro
Deputy Chief
Investigations and Hearings Division
Enforcement Bureau
Enclosure
Attachment
Commission-Identified Compliance Review Subjects2
I. Checklist Item 2: Unbundled Network Elements - OSS - Change
management (Qwest Order ¶¶ 20-25)
II. Other Checklist Items - Unbundled Local Loops (Qwest Order
¶¶ 26-29)
III. Public Interest Analysis - Unfiled Interconnection
Agreements (Qwest Order ¶¶ 55-57)
_________________________
1 Application by Qwest Communications International, Inc. for
Authorization to Provide In-Region, InterLATA Services in Arizona,
Memorandum Opinion and Order, FCC 03-309 (rel. Dec. 3, 2003)
(``Qwest Order'').
2 The Bureau may monitor other subjects or performance
indicators not expressly noted by the Commission in the Qwest
Order or this letter.