20090212Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile [phone]
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Maura E. Peterson
Paralegal
Regulatory Law Qweste
Spirit of Servicee
Via Overnight delivery
February 11,2009
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-00-07
Application for Approval of Amendment to the Interconnection Agreement
McLeodUSA Telecommunications Services, Inc. dba PAETEC Business Services
Dear Ms. Jewell:
Enclosed for fiing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in t' atter.
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr~qwest.com
RECEIVED
100q FEB \ 2 AM to: 21
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-OO-07
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
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 9,2000 (the "Agreement"). The Amendment with
McLeodUSA Telecommunications Services, Inc., dba PAETEC Business Services ("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 Telecommuncations Act of 1996 (the "Act").
Section 252( e )(2) of the Act directs that a state Commission may reject an amendment
reached through volunta negotiations only if the Commission finds that: the amendment (or
portion( s) thereof) discriminates against a telecommunications carier not a pary 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
Communications Commssion. Expeditious approval of this Amendment wil enable McLeod to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
McLeodUSA
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommuncations services.
Qwest fuher requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through volunta negotiations, it does not raise issues
requiring a hearing and does not concern other paries not a pary to the negotiations.
Expeditious approval would fuher tlJ~ gublic interest.
Respetfy submittd tbis !fí'y of Februar, 2009.
~Adam L. Sherr
Attorney for Qwest
~
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
McLeodUSA
. .
CERTIFICATE OF SERVICE
I hereby certify that on this ~ day of February, 2009, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j j ewell(fpuc. state.id. us
Sherry Krewett
Vendor/Contract Manager
McLeodUSA Telecommunications Services,
Inc.
First Place Tower
15 E. 5th St. Ste 1500
Tulsa, Oklahoma 74103
Hand Delivery
U. S. Mail
~ Overnght Delivery
Facsimile
Email
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X U. S. Mail
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APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
McLeodUSA
Wholesale Service Order Charge Amendment
To the Interconnection Agreement between
Qwest Corporation and McLeodUSA Telecommunications ser£6iit8d.2
dba PAETEC Business Services
for the state of Idaho
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AM 10: 25
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest", a Colorado corporation, and McLeodUSA Telecommunications
Services, Inc. dba PAETEC Business Services ("CLEC"), an Iowa corporation. CLEC
and Qwest shall be known jointly as the "Parties". .
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement"
for service in the state of Idaho which was approved by the Idaho Public Utilities
Commission ("Commission"); and
WHEREAS, CLEC maintains a tariff or price list on file in the State of Idaho which
requires Qwest, when submitting orders to process a customer conversion from CLEC to
Qwest to compensate CLEC for the activities that CLEC claims is required to process
the order (the "Wholesale Service Order Charge"); and .
WHEREAS, Qwest has disputed the lawfulness of the CLEC tariff or price list and its
application to Qwest, resulting in litigation filed by CLEC against Qwest and
subsequently a settement between Qwest and CLEC regarding, among other issues,
CLEC's claim for compensation for Wholesale Service Order Charges; and
WHEREAS, the Parties wish to amend the Agreement further under the terms and
conditions contained herein to implement the terms of the settlement related to this
particular dispute.
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 pursuant to which
CLEC will invoice Owest for and Owest will pay Wholesale Service Order Charges. The terms of
the Parties' agreement are set forth and specified in Attachment 1 and the Pricing Exhibit to this
Amendment, which is 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,
with such implementation relating to payment of charges contemplated in this
Amendment being subject to true-up with an effective bill date of August 1, 2008. To
accommodate this need, CLEC must generate, if necessary, an updated Customer
December 12, 2008/kcd/McLeodUSA/ID/ CDS-000807-0082
Wholesale Service Order Charge Amd
Questionnaire. In addition to the Questionnaire, all system updates wil need to be
completed by Qwest. CLEC wil 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 billng changes within two (2) biling
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 representatives. No waiver by any Party of any default,
misrepresentation, or breach of warranty or covenant hereunder, whether intentional or
not, wil 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.
Entire Agreement
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 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.
Services, Inc.
dba PAETEC Business Services
Qwest Corporation
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L. T. Christensen
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December 12, 2008/kcd/McLeodUSA/D/ CDS-000807-0082
Wholesale Service Order Charge Amd
ATTACHMENT 1
TO WHOLESALE SERVICE ORDER CHARGE AMENDMENT
1. CLEC Wholesale Service Order Charges Qwest agrees that pursuant to the
terms of the Amendment, Qwest will not dispute CLEC's properly stated and
documented invoices for Wholesale Service Order charges associated with orders
submitted by Qwest to transfer a CLEC customer to Qwest, and will pay such invoices
according to the payment terms of the Agreement. The invoices will be deemed properly
stated and documented if they are provided by McLeod in electronic spreadsheet format
(e.g., Excel, Access or equivalent format) and, for each charge, McLeod provides Qwest
with Qwests PON, the phone number to which the service applies, and the date McLeod
provides the service for that phone number. The rates applicable to CLEC's Wholesale
Service Order charges to Qwest are as listed in Exhibit 1 hereto. The Parties agree that
Qwest has not waived its rights to dispute invoices for Wholesale Service Order charges
for accuracy or other such reasons not related to the applicability of the Amendment.
2. Without Prejudice a. The Parties agree that Qwest reserves its rights to
challenge CLEC's Wholesale Service Order tariff provisions before the Commission or
before the utility commissions of other states. The Parties further agree that Qwests
agreement to the Amendment is and shall be without prejudice to any position that
Qwest may take in the event that Qwest institutes any challenge to CLEC's Wholesale
Service Order tariff provisions in the future. In the litigation of any such challenge, CLEC
shall not make any argument in support of its tariffs based on the Amendment or on
Qwests agreement to enter the Amendment, including but not limited to any argument
that the Amendment evidences Qwests acceptance of CLEC's right to collect charges
for the activities identified in the Amendment. b. It is the intent of the Parties to negotiate
in good faith whether terms and rates similar to those in the Amendment should be
included in the successors to the Agreement. Neither Qwest nor CLEC waive any
position it may take with respect to negotiations in any successor agreements.
3. Termination. The Amendment shall continue in force until the earliest of these
events: a. The parties mutually agree to terminate it, including but not limited to the
execution and approval of a successor to the Agreement; or b. The Commission issues
a Final Order that the Wholesale Service Order charge provisions in McLeodUSA's tariff
in this state are unjust, unreasonable, unlawful or otherwise unenforceable, in which
case this Amendment shall be deemed terminated in this state with respect to charges
for any Wholesale Service Orders after the effective date ofthe Commission's order.
December 12, 2008/kcd/McLeodUSA/ID/ CDS-000807-0082
Wholesale Service Order Charge Amd
.
State
PRICING EXHIBIT
McLeod USA Rate
Arizona
Idaho
Iowa
Montana
Nebraska
New Mexico
North Dakota
Oregon
South Dakota
Utah
Washington
Wyoming
$ 24.24
$ 16.22
$ 20.70
$ 23.94
$ 24.87
$ 29.23
$ 24.87
$ 17.09
$ 24.87
$ 13.10
$ 21.24
$ 17.36
December 12, 2008/kcd/McLeodUSA/lD/ CDS-000807-0082
Wholesale Service Order Charge Amd