Anschutz Company and Subsidiaries - Page 61

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          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 subcontractors            





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