20090409Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile [phone]
E.\
1~~~ ~?R \ 1 M'\ 9: SO
Maura E. Peterson
Paralegal
Regulatory Law
\0
\Jí\tJfi,Qwest~
Spirit of Service~
Via Overnight delivery
April 16, 2009
Jean Jewell, Secretar
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 fi. g. he corrected Application for Approval of Collocation Engineering and
Installation abo har s Amendment in the above-referenced docket.
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(g qwest.com
Idaho Public Utilties Commission
Offce of the Secretary
RECEIVED
AP t 7 20
8o1d
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORA TION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE- T -00-07
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commssion on November 9,2000 (the "Agreement"). The Amendment with
McLeodUSA Telecommunications Services, Inc. dba P AETEC ("McLeodUSA") is submitted
herewith.
This Amendment was reached through voluntar 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 Commssion may reject an amendment
reached through voluntary negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer 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 Commssion 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 Commssion, the United States Congress, and the Federal
Communications Commssion. Expeditious approval of this Amendment wil enable
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 1
McLeodUSA Telecommunications Services, Inc.
McLeodUSA to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
Qwest further requests that the Commssion approve this Amendment without a hearng.
Because this Amendment was reached through voluntar negotiations, it does not raise issues
requiring a hearng and does not concern other paries not a pary to the negotiations.
Expeditious approval would fuer ~liC interest.
Respectfully submitted this day of April, 2009.
~Adam L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 2
McLeodUSA Telecommunications Services, Inc.
CERTIFICATE OF SERVICE
I hereby certify that on this ~day of April, 2009, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell (gpuc.state.id.us
Hand Delivery
U. S. Mail
-X Overnight Delivery
Facsimile
Email
Julia Redman-Carer
Carer Relations Manager
One Marha's Way
Hiawatha, Iowa 52233
Hand Delivery
-l u. S. Mail
Overnight Delivery
Facsimile
Email
Maura Peterson
Paralegal, Qwest
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 3
McLeodUSA Telecommunications Services, Inc.
", .
Collocation Engineering and Installation Labor Charges Amendment
to the Interconnection Agreement between
Qwest Corporation and
McLeodUSA Telecommunications Services, Inc. dba PAETEC Busine9l~~e~ PM I: 58
for the State of Idaho
IDAHO uLThis Amendment ("Amendment") is to the Interconnection Agreement lJ:et\éñS Owest'
Corporation ("Qwest"), a Colorado corporation, and McLeod USA Telecommunications Services,
Inc. dba PAETEC Business Services. ("CLEC"), an Iowa corporation. Qwest and CLEC shall be
known jointly as the "Parties".
,.-C¡-~i..~l .1- \"..~~. \îj J l_
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") which
was approved by the Commission; 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 Collocation
Engineering and Installation Labor Charges as set forth in Attachment 1 and Exhibit A to this
Amendment, attached hereto and incorporated herein by this reference.
Rates in Exhibit A that are "Under Development" shall be updated upon establishment of a rate.
Rates in Exhibit A shall otherwise be updated to reflect legally binding decisions of the
Commission and shall be applied on a prospective basis from the effective date of the legally
binding Commission decision, unless otherwise ordered by the Commission.
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 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 biling changes within two (2) billng 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.
February 9, 2009/kc/Coiocatoion Labor Charges Amdl
McLeod.llDI CDS-000807-0082
Last updated - 9/17/08 - hartl (v.12.29.08)
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.
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
Signafure
Owest Corporation
~nL;¡t
Signature
..
Sean Pfla.ging
Name PrinteâIyped
L. T. Christensen
Name PrintedIyped
7,/~1-liJ1
Director - Wholesale ContractsTitle /
c¡;~k'iDate ~ 7
Senior VP Network Services
Title
Date
February 9, 2009/kc/Coiocatoion Labor Charges Amdl
McLeod./IDI CD8"000807-0082
Last updated - 9/17/08 - hartl (v.12.29.08)
2
, .ATTACHMENT 1
ATTACHMENT 1
8.3 Rate Elements
Rate elements for Collocation are included in Exhibit A.
8.3.1 Rate Elements - All Collocation
8.3.1.23 Engineering Labor. Provides the planning and engineering of Collocation
at the time of installation, change or removaL.
8.3.1.24 Installation Labor. Provides for the installation, change or removal of
Collocation .
February 9, 2009/kc/Coiocatoion Labor Charges Amdl
McLeod.llDI CDS-000807 -0082
Last updated - 9/17/08 - hartl (v.12.29.08)
3
. .
McLeodUSA Telecommunications Services,
. lnc. dba PAETEC Busines services
Exhibn A
Idaho
8.1 All Collocation
8.1.21 Labor Cha
8.1.21.1
8.1.21.2
8.1.21.3
es
Intentionall Left Blank
En ineerln Labor er Half Hour see rates in 8.2.5
8.1.21.2.1 Re ularHours Rate
8.1.21.2.2 After Hours Rate
Installation Labor er Half Hour see rates in 8.2.6
8.1.21.3.1 Re ular Hours Rate
8.1.21.3.2 After Hours Rate
NOTES:
15 Rate was reviousl ordered for this element in a different section of Exhibit A.
$32.94
$43.31
15
15
$31.77
$41.32
15
15
Eff 12.29.08 (COMA)Page 1 of 1