20030425Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho b son(ip,stoel. com
10n3 APR 24 PH 4: 12
UT\l\~hESj t~J1V~I ~SIO~
RECEIVED
\:-1\
j ,'- "
Lauraine Harding
McLeodUSA Telecommunications Services, Inc.
6400 C Street SW - Box 3177
Cedar Rapids, IA 52406-3177
Telephone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND MCLEODUSA
TELECOMMUNICATIONS SERVICES, INC.
FOR APPROV AL OF THE AMENDMENT TO
AN INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
US.9252(e)
CASE NO.: QWE-OO-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and McLeodUSA Telecommunications Services, Inc.
McLeod") hereby jointly file this Application for Approval of Amendment to the
Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities
Commission on November 9, 2000 (the "Agreement"). A copy of the Amendment is submitted
herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act?f 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-\56035.\0029\64-000\6
McLeod and Qwest respectfully submit this Amendment provides no basis for either of
these findings, and, therefore jointly request that the Commission approve this Amendment
expeditiously. This Amendment is consistent with the public interest as identified in the pro-
competitive policies of the State of Idaho, the Commission, the United States Congress, and the
Federal Communications Commission. Expeditious approval of this Amendment will enable
McLeod to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
McLeod and Qwest further request that the Commission approve this Amendment
without a hearing. Because this Amendment was reached through voluntary negotiations, it does
not raise issues requiring a hearing and does not concern other parties not a party to the
negotiations. Expeditious approval would further the public interest.
Respectfully submitted this /l.l(~day of April, 2003.
Qwest Corporation
fk h----Mary obson
Stoe1 Rives LLP, Attorneys for Qwest
and
Lauraine Harding
McLeodUSA Telecommunications Services, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-\56035.\0029\64-000\6
CERTIFICATE OF SERVICE
I hereby certify that on this J!I!! day of April, 2003, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
ii ewell(ip,puc.state.id. us
Lauraine Harding
McLeodUSA Telecommunications Services, Inc.
6400 C Street SW - Box 3177
Cedar Rapids, IA 52406-3177
Telephone: [phone]
Mary Sullivan
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
Facsimile: [phone]
mmsull1 (ip,qwest.com
-L Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery-L U. S. Mail
Overnight Delivery
Facsimile
Emai1
6wvntb~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-\56035.\0029\64-000\6
Collocation Available Inventory Amendment
to the
Interconnection Agreement
between
Qwest Corporation
and
McLeod USA Telecommunications Services, Inc.
for the State of Idaho
This Amendment ("Amendment") is made and entered into by and between Qwest Corporation
(fIkIa US WEST Communications , Inc.
) ("
Qwest"), a Colorado corporation, and McLeodUSA
Telecommunications Services, Inc. ("CLEC"), an Iowa corporation.
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Idaho Public Utilities Commission on November 9, 2000, as
referenced in Docket No. QWE- T -00-07 ("Agreement"); and
WHEREAS, the Parties wish to amend the Agreement under the terms and conditions
contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms , covenants and conditions contained
in this Amendment and other good and valuable consideration , the receipt and sufficiency of
which is hereby acknowledged , the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding the terms, conditions and rates for Collocation
Available Inventory, as set forth in Attachment 1 and Exhibit A, to this Amendment, attached
hereto and incorporated herein.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need, CLEC must generate if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be completed
by Qwest. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
Amendments; Waivers
The provisions of this Amendment, including the provisions of this sentence, may not be
amended , modified or supplemented , and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties
authorized representative. No waiver by any Party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
April 16 2003/msd/McLeodUSAlID
Amendment to CDS-00080? -0082 Collocation Available Inventory Amendment 3-12-
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Entire Aareement
This Amendment (including the documents referred to herein) constitutes the full and entire
understanding and agreement between the Parties with regard to the subjects of this
Amendment and supersedes any prior understandings, agreements, amendments
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of this Amendment.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
McLeodUSA Telecommunications
Inc.
~((
Signature
-1~U)tJ Name PrintedlTyped
~fU
Title
Date
~m,Signature
----.-/
L. T. Christensen
Name PrintedlTyped
Director - Business Policy
Title
Y/2l /v"3
Date
April 16 2003/msd/McLeodUSAlID
Amendment to CDS-00080?-0082 Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
ATTACHMENT 1
Collocation Available Inventory
Description
Collocation Available Inventory provides the terms and conditions under which (1)
CLEC can purchase returned Collocation sites and elements ("Qwest Postings ) and (2) CLEC
may post CLEC controlled sites that are available for a Transfer Of Responsibility ("CLEC
Postings ). Available sites will be posted on the "Collocation Classified" web site:
http://www.qwest.com/cgi-bin/whoiesale/collocation.cgi.
Qwest Postings: Collocation sites available on the Qwest Available
Inventory list may be totally or partially completed before being returned to Qwest
inventory. Both caged and cageless sites will be offered on the inventory list.
Sites will be offered "AS IS, WHERE IS.
2 CLEC Postings: Available sites listed in the "CLEC Postings" section of
the Collocation Classifieds are eligible for Transfer to an assuming CLEC with or
without working circuits as described in the Collocation Transfer of Responsibility
Product offering.
The "Collocation Classified" web site refers to a tool used by CLEC and
Qwest to post listings of available collocation sites. The site contains Qwest
Postings and CLEC Postings.
Terms and Conditions
The offering of a Collocation site from the Qwest Available Inventory list shall be
limited to the offering of a specified site in Qwest's control to CLEC that either: (i) has a
commission-approved Interconnection Agreement covering the specific type of Collocation to be
obtained or (ii) is currently in negotiations with Qwest for such an Agreement. CLEC obtaining a
Collocation site from the Qwest Available Inventory must not have any overdue financial
obligations owed to Qwest pertaining to Collocation. Formally disputed charges will be treated
as an exception.
The assuming CLEC for all Qwest posted sites will be required to pay a minimum of
six (6) months of Space Construction and Floor Space Lease recurring charges should the
CLEC terminate its rights of occupancy prior to six (6) months of occupancy.
Standard Sites
Qwest Postings: Collocation sites available in the Qwest Postings may be
partially or fully completed before being returned to Qwest inventory. Both caged
and cageless sites will be offered in the Qwest Collocation Postings section.
Sites will be offered under the terms and conditions set forth in CLEC'
Interconnection Agreement. In its Collocation application for such a site, CLEC
may request to add to or complete the Collocation site to the CLEC'
April 16 2003/msd/McLeodUSAlID
Amendment to CDS-000807-0082 Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
specifications. In CLEC Collocation application for such a site, CLEC may also
request that Qwest reduce cable terminations. CLEC will be charged for the
removal of such cable terminations.
All services that were previously connected to the Collocation (e.
Unbundled Network Elements, CLEC to CLEC connections, administrative lines
Finished Services, Line Splitting and Line Sharing, etc.) will be disconnected
before the site is listed on the "Qwest Postings" section of the Collocation
Classifieds. Power, Grounding for caged sites and Entrance Facilities are also
disconnected prior to a site being posted. Qwest shall inventory all Reusable
and Reimbursable Elements and list them in the Qwest Postings. Shared
resources including HVAC and racking will not be listed in the Qwest postings.
When other Collocation space is not available , Qwest reserves the right to
remove Qwest postings from the Available Inventory web site to satisfy CLEC
Applications for Collocation, for Qwest space requirement needs, or for CLEC
Collocation augments to existing sites. Qwest shall not use the Qwest Postings
as a basis to claim exhaust (space, power, terminations , etc.) in any Qwest
Premises.
Qwest will provide CLEC with a feasibility study within ten (10) Calendar
Days after receipt of the application. Qwest will provide CLEC with a quote within
twenty-five (25) Calendar Days after providing the feasibility study. Price quotes
will be honored for thirty (30) Calendar Days from the date the quote is provided
and the associated space is reserved during such period, pending CLEC'
acceptance of the quoted charges.
3.4 CLEC must pay the initial fifty percent (50%) of the quoted nonrecurring
charges to Qwest within thirty (30) Calendar Days of receiving the quote. If the
payment is not received by Qwest within such thirty (30) Calendar Day period
the quote will expire and the requested site will be returned to Qwest inventory.
The CLEC will be charged a QPF for work performed up to the point of expiration
or non-acceptance of the quote.
2.4 Special Sites:
2.4.Qwest may elect to offer Collocation sites returned through Chapter 7
bankruptcy or abandonment. These sites "Special Sites will not
decommissioned and may be offered with Electronic Equipment (Equipment),
Equipment Racks , Cages DC power, Grounding and Terminations. These
Special Sites will be posted in the Qwest Available Inventory posting under
Unverified sites with equipment".
2.4.2 CPMC will verify whether the requested site is still available for
acquisition by conducting a feasibility study within ten (10) Calendar Days after
receipt of the application. If the site is not available the CPMC will notify the
CLEC in writing. If the site is available a site survey will be arranged with the
CLEC and Qwest State Interconnect Manager (SICM). Upon completion of the
survey Qwest will prepare a quote based on the site inventory and any requested
modifications to the site. CLEC must pay in full one hundred percent (100%) of
April 16, 2003/msd/McLeodUSAlID
Amendment to CDS-000807-0082 Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
the quoted nonrecurring charges to Qwest within thirty (30) Calendar Days of
receipt of the quote. If Qwest does not receive the payment within such thirty
(30) Calendar Day period , the quote will expire and the requested site will be
returned to Qwest inventory. The CLEC will be charged a QPF for work
performed up to the point of expiration or non-acceptance of the quote.
2.4.Upon receipt of the full payment for the quoted nonrecurring charges
Qwest will begin the establishment of the site records and the complete the job
build-out. The interval shall be forty-five (45) Days for completion of the site from
receipt of payment. In the event that the CLEC requires Qwest to install
Augments (additional services) to the existing site, the interval will revert to the
intervals defined in the assuming CLEC's Interconnect Agreement.
2.4.4 For Special Sites; IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT QWEST IS SELLING EQUIPMENT THAT IS CLASSIFIED AS "USED" OR
SURPLUS" EQUIPMENT ON AN "AS IS WHERE IS" BASIS. CLEC
UNDERSTANDS AND AGREES THAT ALL EQUIPMENT IS, CONVEYED (I) IN
AN "AS IS" 'WHERE IS" CONDITION WITH ALL FAULTS LATENT AND
PATENT AND (II) ALL EQUIPMENT IS CONVEYED WITHOUT ANY QWEST
WARRANTIES OR REPRESENTATIONS OF ANY KIND , EXPRESS
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT OR IMPLIED BY A PARTICULAR COURSE OF DEALING.
2.4.4.All software and software license agreements for any
Equipment conveyed as part of a Special Site shall be the sole
responsibility of the assuming CLEC.
2.4.4.CLEC hereby warrants and certifies that its handling,
scrap, destruction or other disposition of any Equipment conveyed as
part of a Special Site shall conform and comply with the following.a) All applicable federal, state, county and municipal laws
statutes, regulations , and codes regulating hazardous wastes
materials or substances, including, but not limited to the Toxic
Substances Control Act (TSCA) (15 U.C. 2601 et seq.); the
Resource Conservation and Recovery Act (RCRA) (42 U.
6901 et seq.); Hazardous Materials Transportation Act (HMTA)
(49 U.C. 1801 et seq.); Occupational Safety and Health Act
(OSHA) (29 U.C. 651 et seq.); Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA)(42 U.
9601 et seq.); and any successor acts thereto or the regulations
promulgated thereunder and any applicable Intemationallaws and
regulations;
b) Environmental rules and regulations governing
environmental impacts associated with the production and or
recovery of precious metals, scrap metals and material processing
and or residual material disposition whether hazardous or non-
April 16 2003/msd/McLeodUSAlID
Amendment to CDS-000807-0082 Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
hazardous as defined by governing laws and or applicable laws
and are the sole responsibility of the CLEC; andc) All hazardous waste , hazardous material, hazardous
substances or solid waste manifests relating to the shipping,
receiving, disposal or final disposition of the Equipment shall not
reJerence, list or otherwise indicate on the manifest that Qwest is
the generator, arranger, transporter, owner or otherwise the party
that owns, controls, manages, handles, stores, generates or
otherwise uses the Equipment. On any required hazardous
waste, hazardous material, hazardous substances or solid waste
manifest relating to the shipping, receiving, disposal or final
disposition of the Equipment, the CLEC shall be listed as the
generator, arranger and owner of the materials.
d) The CLEC shall comply with the applicable Qwest
Technical Publications as defined in the CLEC's Interconnection
Agreement when removing any equipment from a Special Site.
CLEC Posting: Sites listed in the "CLEC Postings" section are eligible for Transfer Of
Responsibility to an assuming CLEC. Sites may be offered with or without working circuits. The
terms and conditions for the Transfer of Responsibility shall be in accordance with the Transfer
of Responsibility Product offering.
Rate Elements
Pricing for sites listed within the Qwest Available Inventory list will be provided on a site-
specific basis. Pricing shall be in accordance with the Interconnection Agreement of the
assuming CLEC. Vacating CLEC's may receive a potential refund from sale
available/discounted sites based on outstanding Nonrecurring charges, amounts for
reimbursable elements and transfer fees.
The following items are charged to a CLEC purchasing a "Standard site" from the Qwest
Available Inventory List. Charges will be provided to a CLEC via a quote that requires the
CLEC's acceptance before work begins.
Quote Preparation Fee (QPF) Found in CLEC'existing Interconnection
Agreement for a each specific type of Collocation site.
Reusable Elements are those Qwest inventoried components used to provision
the Collocation site. The quote will be for all components used to install the Collocation
space. These elements include Qwest inventoried components (Le. cage, bays , HVAC
cable racking) to provision the original Collocation site.
1 Nonrecurring Collocation Rate Elements that are reused, will be available
at a 50% discount to an assuming CLEC.
April 16 2003/msd/McLeodUSAlID
Amendment to CDS-00080? -0082 Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
Reimbursable Elements are those which are not subject to a discount to the
assuming CLEC. This includes any reusable termination cabling that is part of the
available site. Reimbursable Elements considered for a potential refund are, Digital
Signal Level 0 (DSO) termination cabling, Level 1 (DS1) termination cabling, Level 3
(DS3) termination cabling, and fiber terminations (excluding entrance that run from vault
directly to Collocation site, i.e. Express Fiber Entrances).
Special Site Rates: The following items are charged to an assuming CLEC for
a Special Site from the Qwest Postings. Charges will be provided to a CLEC via a quote
that requires the CLEC's acceptance before Qwest begins work.
Site Survey Fee: A non-refundable site survey fee for a formal site survey
visit with the CLEC per Exhibit A. Payment is to be submitted in conjunction with
the Collocation Application for a Special Site.
Quote Preparation Fee (QPF). The QPF for Special Sites will be a flat
rate fee per Exhibit A. If the assuming CLEC requires Augments (additional
services) to the existing site the QPF will revert to the rate defined in the CLEC'
Interconnection Agreement.
Non recurring Collocation Rate Elements: Include all Reusable elements
defined above , DC Power, grounding and terminations. Special sites will be
offered at a flat 50% discount to an assuming CLEC based on the rates in its
current Interconnection Agreement. Augments (additional services) or changes to
the sites will not be discounted and will be charged at the rates as defined in the
CLEC's Exhibit A of their Interconnect Agreement or Exhibit A of this document
payable in full prior to commencement of work.
3.4 Network Assessment Fee for transfer of existing circuits to the assuming
CLEC per Exhibit A.
Any Equipment contained in the site will be conveyed at a $0.00 charge.
3.4 Recurring charges for all Products and Services will be charged at rates listed in the
assuming CLEC's Exhibit A of their Interconnection Agreement without a discount.
MN state specific language: Rates will be trued up to the Commission ordered
Interconnection Agreement rates from cost proceedings.
Ordering
CLEC must submit a "Qwest Collocation Application Form (new, change or augment)"
on the Qwest web at: http://www.qwest.com/whoiesale/pcatlcollocation.htmi
The "submit" date for the Collocation Available Inventory request will commence on the
date that the Wholesale Project Manager (WPM) notifies the Collocation Project Management
Center (CPMC) that all prerequisites for this request to have been met.
Qwest will process the Available Inventory Request pursuant to the Collocation
April 16 2003/msd/McLeodUSAlID
Amendment to CDS-00080? -0082 Collocation Available Inventory Amendment 3-12-
ATTACHMENT 1
Intervals in the CLEC's Interconnection Agreement.
Special Site interval will be 45 Calendar Days form the receipt of
payment.
4.4 For purposes of fi rst-come , first-served determination of availability, priority will be
defined by the date and time the complete application is received by rfsmet~qwest.com.
CLECs should submit an alternative option when requesting an available site by
populating the "Second Choice" and/or "Third Choice" tabs included on the Qwest Collocation
Application Form. This will prevent the possible cancellation of the submitted application in the
event that the first choice is no longer available.
April 16 2003/msd/McLeodUSAlID
Amendment to CDS-000807-0082 Collocation Available Inventory Amendment 3-12-
EXHIBIT A
IDAHO - EXHIBIT A
STANDARD SITES
Charge for removal of
Terminations
DSO (per 100)
DS1 (per termination)
DS3 (per termination)
OCN er 12 fibers
Quote Preparation Fee - Cageless
Quote Preparation Fee - Caged
SPECIAL SITES
QPF
Network Assessment Fee
Site Surve
Reusable Elements
ICB
ICB
ICB
ICB
575.
912.
$1058.
$1663.
$150.
50%
Discount
(1) Rates proposed in Cost Docket testimony filed on 6/29/01 & 11/16/2001. (TELRIC)
(2) The preliminary engineering and planning costs are included in the caged and cageless space
construction charges. These engineering and planning charges are also included in the caged and
cage less quote preparation fees. Upon completion of the collocation construction , the quote
preparation fee (QPF) will be credited to the final space construction charge for the collocation job.
The credit will apply to whichever QPF is applied. This exhibit currently lists multiple QPFs based
what has been proposed on the cost docket and what was approved in the AT&T interconnection
agreement. CLEC may choose either QPF at this time.
(3) From Idaho SGAT, Exhibit A (Section 8.0 - Collocation), dated 10/16/02.
April 16 2003/msd/McLeodUSAlID
Amendment to CDS-00080? -0082 Collocation Available Inventory Amendment 3-12-