HomeMy WebLinkAbout20030716Amendment.pdfSTOEL
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101 S, Cap'tol Boulevard, Suite 1900
Boise, Idaho 83702
main 208389,9000
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ATTORNEYS AT lAW i:,
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UTIUTit:S COt"U'IJSSI0N
July 15 , 2003
MARY S, HOBSON
Direct (208) 387-4277
mshobsonl'!YstoeLcom
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re:Case No. QWE-OO-
APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and New Access
Communications, LLC is an original of the Application for Approval of Amendment to the
Interconnection Agreement. The parties respectfully request 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.
Very truly yours
!/~I(/ UjA
Mary SO1obson
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Enclosurecc: Service List
Oregon
Washington
California
Boise-159483,10029164-00016
Utah
Idaho
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: (208) 389-9000
Facsimile: (208) 389-9040
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2003 JUL , PM 4: 08
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UTILI liES co~~H'SION
Greg Wilmes
CEO
New Access Communications LLC
801 Nicollet Mall- Suite 350
Minneapolis, MN 55402
Telephone: (612) 256-0062
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORA nON AND NEW ACCESS
, COMMUNICATIONS, LLC PURSUANT TO
47 US.C. 9252(e)
CASE NO.: QWE-OO-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and New Access Communications, LLC ("New Access
hereby jointly file this Application for Approval of Amendment to the Interconnection
Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on
August 22, 2001 (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 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 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-159481.1 0029164-00016
New Access 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
New Access to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
New Access 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 15th day of July, 2003.
Qwest Corporation
ffi
Mary S. bson
Stoel Rives LLP , Attorneys for Qwest
and
Greg Wilmes
New Access Communications, LLC
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-I 59481.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of July, 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
11 ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Greg Wilmes
CEO
New Access Communications LLC
801 Nicollet Mall- Suite 350
Minneapolis, MN 55402
Telephone: (612) 256-0062
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Luba Hromyk
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: (303) 793-6607
Facsimile: (303) 793-6633
lhromyk~qwest.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~a/ .
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-15948Ll 0029164-00016
Performance Assurance Plan Amendment
to the Interconnection Agreement between
Qwest Corporation and
New Access Communications, LLC
for the State of Idaho
This is an Amendment ("Amendment") for Performance Assurance Plan (PAP) to the
Interconnection Agreement between Qwest Corporation ("Qwest") , a Colorado corporation , and
New Access Communications , LLC ("CLEC"
).
CLEC and Qwest shall be known jointly as the
Parties
RECITALS
WHEREAS , CLEC and Qwest entered into an Interconnection Agreement ("Agreement") that
was approved by the Idaho Public Utilities Commission on August 21 , 2001 , as referenced in
Case No. QWE-00-19; 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
Service Performance
The Performance Assurance Plan ("PAP") as approved by the Commission and the
Performance Indicator Definitions,("PIDs ) included as Exhibit B to the Commission approved
Statement of Generally Acceptable Terms and Conditions ("SGAT") are hereby incorporated
into this Amendment as Attachments 1 and 2, respectively. Modifications to PIDs that apply to
the PAP shall be made in accordance with section 16.0 of the PAP. Changes made pursuant
section 16.0 shall apply to and modify this Agreement, subject to and in accordance with terms
therein and any applicable subsequent judicial review.
Consistent with section 13.0 of the PAP, CLEC elects the PAP as a part of its Interconnection
Agreement with Qwest. Therefore, all references in the Agreement to performance standards
and measurements and accompanying payment mechanisms (including, but not limited to
Direct Measures of Quality (DMOQ) and Supplier Performance Quality Management System)
are superceded by this Amendment.
Force Majeure and Dispute Resolution
Pursuant to sections 13.3 and 18.0 of the PAP , sections 5.7 (Force Majeure) and 5.18 (Dispute
Resolution), of the SGAT respectively, attached hereto as Attachments 3 and 4 to this
Amendment, are hereby incorporated into the Amendment for the sole purpose of implementing
the PAP.
June 30, 2003/lhd/New Access/PAP Amend/IO.doc
Amendment to: COS-010420-0026
10 3-12-03 SGAT
Implementation Date
If the FCC has granted Section 271 authorization for the State, the PAP will be implemented on
the date the Amendment is executed by both parties. If the FCC has not granted Section 271
authorization for the State as of the date the Amendment is executed by both parties , the PAP
will be implemented on the date the FCC grants Section 271 approval for the State. In the initial
month of implementation , payments to CLEC under the PAP will be pro-rated to reflect the
applicable percentage of the monthly payment.
CLEC Information
CLEC agrees that for amounts owed under the PAP that are not credited to CLEC's bill as
allowed by the PAP, payments shall be made by the use of electronic fund transfers, or check, if
the option of electronic fund transfer is not available. CLEC agrees that monthly performance
reports shall be delivered via a password-protected website. In order to implement these
provisions, CLEC shall provide specific information in response to the Performance Assurance
Plan Amendment Questionnaire. To accommodate this need , CLEC shall generate an updated
Performance Assurance Plan Amendment Questionnaire within 30 days.
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
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, or representations by or
between the Parties , written or oral , to the extent they relate in any way to the subjects of this
Amendment.
June 30, 2003!lhd/New Access/PAP Amend/IO.doc
Amendment to: COS-010420-0026
10 3-12-03 SGAT
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.
Access Communications, LLC
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SignatureSignatur
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Name Pri tedn ped
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Title
L.T. Christensen
Name PrintedfTyped
7- 2 -o'
Date
Director - Business Policy
Title
1/"8!o~
Date
NOTE:ATTACHMENTS ARE IN THE CASE FILE
June 30, 2003/lhd!New Access/PAP Amend/lO.doc
Amendment to: COS-010420-0026
10 3-12-03 SGAT