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HomeMy WebLinkAbout20050304Amendment.pdfMaryS. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 nishobson~stoel.com it. EO L"" f:"!~ F 1 "'- '"" .,- I V 2Uu5 Kf\R -4 PM 4: 0 I ; .. l\;ICJ J.')i:::!C ...,. ; " T 'r-: c.~ i' ) h~ .I ~ 'JtOri\. f I H- ,-I v I, I '-' BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~252(e) CASE NO.: QWE-OO- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT (Expedites for Design Services) Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on November 13 , 2000 (the "Agreement"). The Amendment with McLeodUSA Telecommunications Services, Inc. ("McLeod") 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 of 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 portion(s) 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. Qwest respectfully submits this Amendment provides no basis for either of these findings, and, therefore requests 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 APPLICATION FOR APPROY AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1 Boise-181794.10029164-00016 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. Qwest further requests 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 4th day of March, 2005. Qwest Corporation 1!s~::t!1t Stoel Rives LLP, Attorneys for Qwest APPLICATION FOR APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2 Boise-181794.1 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 4th day of March, 2005 , 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 O. Box 83720 Boise, Idaho 83720-0074 ij ewell~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email James B. LeBlanc McLeodUSA Telecommunications Services, Inc. First Place Tower 15 East 5th Street - Suite 1500 Tulsa, OK 74103 Telephone: (918) 419-3496 j ames.leb lanc~mcleodusa.com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email &a"e:P ~ ~ Brandi L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3 Boise-181794.1 0029164-00016 Expedites for Design Services Amendment to the Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. for the State of Idaho This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and McLeodUSA Telecommunications Services, Inc. ("CLEC"), an Iowa corporation. CLEC and Qwest shall be known jointly as the "Parties RECITALS WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement") for service in the state of Idaho , which was approved by the Idaho Public Utilities Commission ("Commission ) on November 9 2000, as referenced in Docket No. QWE-00-07; and WHEREAS, the Parties wish to amend the Agreement further 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 terms, conditions and rates for Expedites for Design Services, as set forth in Attachment 1 and Exhibit A, to this Amendment, attached hereto and incorporated herein by this reference. 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. Additionally, Qwest shall implement any necessary billing changes within two (2) billing cycles after the latest execution date of this Amendment, with a true-up back to the latest execution date of this Amendment by the end of the second billing cycle. The Parties agree that so long as Qwest implements the billing changes and the true-up as set forth above, the CLEC's bills shall be deemed accurate and adjusted without error. Further Amendments Except as modified herein, the provisions of the Agreement shall remain in full force and effect. 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 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. February 3, 2005/pjd/McLeod/ID Amendment to CDS-00080? -0082 Expedite Amendment Entire Aareement The Agreement as amended (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of the Agreement as amended and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subjects of the Agreement as amended. The Parties intending to be legally bound have executed tbis 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 /fj& '1 ) Signature lecommunications Services, Inc.Qwest Corporatio -:/L yf Au Signature Larry Rakes Name Printed/Typed L. T. Christensen Name Printed/Typed Director. Procurement Title Director - Interconnection AQreements Title Date ~l B Io~-- Date February 3, 2005/pjd/McLeod/lD Amendment to CDS-00080? -0082 Expedite Amendment Attachment ATTACHMENT Expedites for Design Services Description Expedites are requests for an improved standard interval that is shorter than the interval defined in Qwest's Service Interval Guide (SIG) or CLEC' Interconnection Agreement (lCA), Individual Case Basis (lCB) or committed to 1GB (Ready for Service (RFS) + Interval) date. Terms and Conditions 1 When Qwest receives an ASR or LSR with the EXP populated and the ODD is less than the standard interval , Qwest will determine if the request is eligible for an expedite without a call from you. If the request meets the criteria for the Pre-Approved Expedite process, Qwest will process the request and return a FOC acknowledging the expedited due date. The appropriate expedite charge will be added to your service order. If the request does not meet the criteria for the Pre-Approved Expedite process, the ASR or LSR will be processed under the guidelines for Expedites Requiring Approval as described in the PCA The Pre-Approved expedite process is available in all states except WA for the products listed in the PCA T. It is not necessary to call Qwest to have the expedite approved. Rate Elements The expedite charge Identified in Exhibit A applies per order for every day that the due date interval is shortened , based on the standard interval in the SIG, ICA, or 1GB criteria. Ordering Process 1.4.CLEC will request an expedite on a Local Service Request (LSR) or Access Service Request (ASR). 1.4.All requests must include an expedited Due Date, and Qwest will return an FOC acknowledging the expedited Due Date. February 3, 2005/pjd/McLeod/lD Amendment to CDS-OOOBO? -00B2 Expedite Amendment Expedite for Design Services February 3, 2005/pjd/McLeod/lD Amendment to CDS-00080? -0082 Expedite Amendment Exhibit A Exhibit A Per order, per day event $200.