- 58 - to install additional conduit or pull additional fiber only after the customer contract was entered into. Petitioners’ witnesses credibly testified that Qwest would not have installed conduit or pulled fiber for its own potential future use or sale without the third-party customer contracts. The Cal Fiber project and the Dallas-Houston Project do not cast doubt on this decision-making approach. In the Cal Fiber project, Qwest linked unconnected segments of empty conduit that were previously installed and retained by Qwest as part of the Coast Route Project. As part of the Cal Fiber project, Qwest laid 153 new miles of conduit to complete a fiberoptic system from Roseville, California, to Los Angeles, California. The Coast Route project was the first project in which Qwest simultaneously installed conduits for third-party customers and multiple conduits for its own potential future use or sale. As a result of the Coast Route project, Qwest obtained several unconnected segments of empty conduit along the Coast Route. Petitioners argue that installing conduit to connect these segments was not a departure from Qwest’s normal business strategy because Qwest was installing only small portions of conduit to connect a much bigger system of conduits. The cost was relatively modest, and Qwest took the risk because a connected fiberoptic system could potentially have a much higher value.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
Last modified: May 25, 2011