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Home My WebLink About20110524Amendment.pdf. . . Qwest 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 398.2504Facsimile (206) 343-4040 RECËfvt:ri " 11'''';"' lOll N¡~ r 24 Maura E. Peterson Paralegal Regulatory Law May 23, 2011 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 AI19:~we S t: "; ì.':;:5 ¡ iNSpirit of Service8 Via Overnight delivery Re: Case No. QWE-T-OO-13 Application for Approval of Amendment to the Interconnection Agreement Dear Ms. Jewell: Enclosed for filing 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 this matter. mep Enclosure cc: Service list .Lisa A. Anderl (WSBA#13236) Qwest 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2500 Facsimile: (206) 343-4040 Adam. sherr(g q west.com RECEIVED 1011 MAY 24 AM 9: 57 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-13 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 June 10,2002 (the "Agreement"). The Amendment with Eschelon Telecom, Inc. ("Eschelon") 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 portiones) thereof) discriminates against a telecommunications carer 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 Communications Commission. Expeditious approval of this Amendment wil enable Eschelon to. APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Eschelon Telecom, Inc. Amendment to QLSP Agreement . . . 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~\Oday of May, 2011. Lisa A. And Attorney for Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Eschelon Telecom, Inc. Amendment to QLSP Agreement . . . CERTIFICATE OF SERVICE I hereby certify that on this _ day of May, 2011, 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 P.O. Box 83720 Boise, Idaho 83720-0074 jjewell (gpuc.state.id.us Hand Deli very U. S. Mail -K Overnight Delivery Facsimile Email J. Jeffrey Oxley EVP, General Counsel Integra Telecom, Inc. 6160 Golden Hills Drive Golden Valley, MN 55416-1020 Hand Deli very X U. S. Mail Overnight Delivery Facsimile Leslie Johnson, Qwest Corporation APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Eschelon Telecom, Inc. Amendment to QLSP Agreement AMENDMENT TO QWEST LOCAL SERVICES PLATFORM ™ AGREEMENT .ThiS amendment ("Amendment'), by and between Owest Corporation ("Owest"), a Colorado corporation, and Eschelon Telecom, Inc. on behalf of its affilates ("CLEC") (each identified for purposes of this Agreement in the signature blocks below, and referred to separately as a "Party" or collectively as the "Parties") amends the Owest Local Services Platform™ ("OLSpTM") Agreement between the Parties. WHEREAS, the Parties entered into a Owest Local Services Platform™ ("OLSpTM") Agreement ("Agreement") with an Effective Date of January 4, 2011; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipt and suffciency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms The Agreement is hereby amended by modifying the following terms and conditions of Attachment 2 and Exhibit A. 1. The last sentence of Sections 1.5.2, 3.8.3 and 3.8.5 of Attachment 2 to the Agreement shall be deleted and replaced with the following: "The Parties understand and agree that the Services include tandem switching, where required, as well as end offce switching and that CLEe has the right to charge switched access to IXCs for each element, as appropnate." 2. Notwithstanding anything to the contrary in the Agreement, the rate sheet(s) attached hereto as Exhibit A shall apply to port rates for Services provided in the applicable state(s) identified therein. Except as expressly modified by this Amendment, all other rates reflected in the Agreement shall remain in full force and effect. .3. The last sentence of Section 3.4.1 of Attachment 2 to the Agreement is hereby deleted in its entirety. For the avoidance of doubt, notwithstanding anything to the contrary in the Agreement by which port rat9$could ~increased, other than as amended hereby, port rates shall remain unchanged throughout the term of the Agreement (a$"l!çh tettis identified in Section 3 of the Agreement), except that the Parties understand and agree that the terms and condit~of t: Agr~ment regarding the annual variable discount structure associated with CLEC growth and retention thresholds $nàtt co~ue tMPP'Ythroughout the term ofthe Agreement. è"F- N Q .¡ rnEffective Date . This Amendment shall be deemed effective upon signature by both Parties. :i:.\...c.co Except as expressly modified by t~is Amendment, the provisions of the Agreement shall remain unmodified shall be 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 of the Parties hereto. 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. Further Amendments C1 Entire Agreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter 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 subject matter of the Agreement, as amended, . April?, 2011/kjcJCLEC/Amendmentto OLSpTM (v3-23-11) AZ-CDS-10110S-0215; CO-CDS-101 00S-0216: ID-CDS-10110S-0217; MN-CDS-10110S-0218: NM-CDS-10110S-0219; OR-CDS-10110S-0220; UT-CDS-10110S-0221; WA-CDS-101108-0222 Page 1 of2 AMENDMENT TO QWEST LOCAL SERVICES PLATFORMTM AGREEMENT The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each .i,i.. of which is deemed an original, bllt all of which shall constitute one and the same instrument. Qwest Corporation:ESCHELON TELECOM, INC. on behalf of its affliates: Eschelon Telecom of Arizona, Inc. Eschelon Telecom of Colorado, Inc. Eschelon Telecom of Minnesota, Inc. Eschelon Telecom of Oregon, Inc. Eschelon Telecom of Utah, Inc. Eschelon Telecom of Washington, Inc. Eschlon Telecom, Inc. (for ID & NM) By:~c By: Name: Title: Date: J~ß EVP. General Counsel '1fc2zl11 Name: L. T. Christensen Title: Director - Wholesale Contracts Date: ~ 12 ¿ Iii¡" I April 7, 2011lkjclCLEC/Amendment to QLSpTM (v3-23-11) AZ-CDS-101108-215; CO-COS-101008-0216; IO-GOS-101108-0217; MN-COS-101108-218; NM-GOS-101108-0219; OR-GOS-101108-0220; UT-CDS-101108-0221; WA-COS-1011 08-0222 Page 2 of2 ¡-- f ¡ ~~ L .1 t...~L .f~ . . . Qwest Local Services Platform™ (QLSpTM) Rate Page - Minnesota Modified Local Switching Port Rate 109.11 Local Switching Purchased As Part of QLSpTM 109.11.1 Port, Basic Plan 109.11.1.1 Analog Port $10.75 109.11.1.2 Residential end user crdit LAWUR ($4.03)1 109.11.1.3 Effective QLSpTM Residential Analog Port $6.72 1 109.11.1.4 Digital Port (Supporting BRI ISDN)$16.99 109.11.1.5 PBX DID Port $10.58 109.11.2 Port, If 80% YOY Volume Retention Plan Requirements Are Met 109.11.2.1 Analog Port $10.21 109.11.2.2 Analog Port. Residential end user credit LAWUR ($3.56) 109.11.2.3 Effective QLSpTM Residential Analog Port $6.65 109.11.2.4 Digital Port (Supporting BRI ISDN)$16.99 109.11.2.5 PBX DID Port $10.58 109.11.3 Port, If 90% YOY Volume Retntion Plan Requirement Are Met 109.11.3.1 Analog Port $9.68 109.11.3,2 Analog Port, Residential end user credit LAWUR ($3.09)1 109.11.3.3 Effective QLSpTM Residential Analog Port $6.59 1 109.11.3.4 Digital Port (Supporting SRI ISDN)$16.99 109.11.3.5 PBX DID Port $10.58 109.11.4 Intentionally Blank , 109.11.5 Port, If 115% YOY Volume Growth Plan Requirements Are Met 109.11.5.1 Analog Port $7.53 109.11.5.2 Analog Port, Residential end user credit LAWUR ($1.21)1 109.11.5.3 Effective QLSpTM Residential Analog Port $6.32 1 109.11.5.4 Digital Port (Supportng SRI ISDN)$16.99 109.11.5.5 PBX DID Port $10.58 109.11.6 Intentionally Blank Notes: 1 QLSP'" Business and Residential services utilze the same Class of Service and line Universal Service Order codes (USOCS). QLSP" Residential services wil be biled at the Analog Port rate and only those lines that specifically qualify for and are identifed as serving a residential end-user customer by the presence ofthe LAWUR USOC will receive the Residential end user credit.