- 60 - c. Allocation of Costs Necessary to Complete the Third-Party Customer Contracts to Those Contracts Because certain costs were necessary to complete the third- party customer contracts, regardless of how many additional conduits or fiber were installed or pulled, Qwest allocated those costs to third-party customer contracts. Petitioners argue that this is consistent with the economic reality of the transactions because Qwest would not have incurred the costs absent the customer contract. Respondent recognizes that Qwest had to incur certain fixed costs regardless of whether one conduit is installed (or a 24-fiber cable is pulled), or multiple conduits are installed (or a cable with more than 24 fibers is pulled) simultaneously. However, respondent argues that a portion of the fixed costs, such as the costs of digging a trench and the costs associated with perfecting Qwest’s rights-of-way, should also be allocated to the retained assets because those costs also benefit the retained assets. Further, respondent argues that a portion of cost adjustments based on terrain and budget overruns should also be allocated to Qwest’s retained assets. As found above, Qwest would not have installed additional conduit or pulled additional fiber without first securing the customer contract. Accordingly, we find that Qwest’s allocation of those costs to only the customer contract was consistent withPage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011