- 61 - Qwest’s decision-making process and the economic reality of the transactions. d. Allocation of Incremental Costs to Qwest’s Retained Assets Qwest allocated only the direct costs of material and an incremental portion of labor and indirect costs to its retained conduits. With respect to the retained fiber, Qwest allocated only the incremental costs of installing any additional conduits and endlinks and the costs of the retained fiber and of splicing and testing that fiber. Petitioners argue that the allocation of these costs is consistent with the economic reality of the transactions because these costs were the only additional costs incurred by Qwest as a result of its decision to install additional conduit or pull additional fiber. Further, petitioners argue that the allocation also reflected Qwest’s willingness to incur only an incremental risk by installing the retained assets. Respondent does not contest that at least these costs should be allocated to Qwest’s retained assets. However, respondent questions how Qwest arrived at its incremental base rate. Before the years in issue, Qwest acted primarily as a general contractor and subcontracted most of the construction work out to third parties. Bids submitted by subcontractors to install only one conduit, when compared to the bids to install multiple conduits, indicated that the third-party subcontractorsPage: 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