20040324Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho bson(~),stoel. com
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Jenny Smith
Electric Lightwave, Inc.
9260 East Stockton Boulevard
Elk Grove, CA 95624
Telephone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND ELECTRIC
LIGHTWAVE, INe. FOR APPROVAL OF A
WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 US.
9252(E)
CASE NO.: USW-OO-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Electric Lightwave, Inc. ("ELI") hereby jointly file
this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"
which was approved by the Idaho Public Utilities Commission on October 11 , 2000, (the
Agreement"). A copy ofthe 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-169041.1 0029164-00016
ELI 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
ELI to interconnect with Qwest facilities and to provide customers with increased choices among
local telecommunications services.
ELI 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 22nd day of March, 2004.
Qwest Corporation
AI vi 41 t-------
Mary S. H son
Stoel Rives LLP, Attorneys for Qwest
and
Jenny Smith
Electric Lightwave, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-169041.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 22nd day of March, 2004, 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
----X- Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Jenny Smith
Electric Lightwave, Inc.
9260 East Stockton Boulevard
Elk Grove, CA 95624
Telephone: [phone]
Hand Delivery
----X- U. S. Mail
Overnight Delivery
Facsimile
Email
~~~
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-169041.1 0029164-00016
DC Power Reduction Amendment
to the Interconnection Agreement between
Qwest Corporation
and
Electric Lightwave, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement for DC Power
Reduction Procedure between Qwest Corporation ("Qwesf'), a Colorado corporation, and
Electric Lightwave, Inc. ("CLEC"
).
CLEC and Qwest shall be known jointly as the ("Parties
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Idaho Public Utilities Commission ("Commission ) on
October 11 2000, as referenced in Case No. USW-00-21, 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 DC Power
Reduction Procedure 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 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.
February 20, 2004/lhd/ELI/Amend-DC Power Reduction/ID
Amendment to: CDS-000612-0162
Template version: DC PowerReduction 6-20-
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 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.
Qwest c~rP5!t~on /
Signature
(()AD ('f\( (jy~Vl
Name Printed/Typed
...f.e est --L Co 0
Title
LT. Christensen
Name Printed/Typed
Director - Interconnection Aareements
Title
~/Y. / ~)7DateDate
February 20, 2004/lhd/ELI/Amend-DC Power Reduction/lD
Amendment to: CDS-000612-0162
Template version: DC PowerReduction 6-20-
Attachment 1
ATTACHMENT 1
DC POWER REDUCTION PROCEDURE
Description
1 Qwest's Power Reduction Procedure offers CLEC the option to reserve a fuse or
breaker position on the power board or Battery Distribution Fuse Bay (BDFB) when reducing a
multiple feed to zero. CLEC's payment of the Monthly Power Maintenance charge will provide
an option to hold the existing power cabling and fuse position for the CLEC's future power
augment requests as described in section 2.6 below.
0 Terms and Conditions
If a CLEC wishes to reduce its amount of power and will not require it for future use,
Qwest will process the request as a standard augment order and not as a DC Power Reduction
request.
Applications for DC Power Reduction may be submitted only for collocation sites that
have been previously accepted by the CLEC. Power reductions to sites under construction or
for sites not previously accepted by the CLEC, will follow standard change or augment
procedures and rates.
Before submitting a power reduction application, CLEC'financial obligations with
respect to the collocation site must be current, with the exception of formally disputed charges.
CLEC'financial obligations include payment of one hundred percent (100%) of all non-
recurring quoted charges for the collocation site and all applicable monthly recurring charges
that are more than 30 days past due.
2.4 Collocation applications for new, change and augment requests must be submitted to
the Collocation Project Management Center (CPMC) on the form provided by Qwest at
www.qwest.co.lwholsale/pcat/collocation.html.apform . The CPMC will notify the CLEC of any
deficiencies in the application within ten (10) days of receipt. A nonrefundable Quote
Preparation Fee (QPF) in the amount reflected in CLEC's Interconnection Agreement must be
submitted with the application.
A walk through will be performed prior to quote preparation to determine the amount of
work required to perform the power reduction.
When eliminating a secondary feed, CLEC may purchase the option to have the power
cable and fuse position held for its future use. CLEC will be required to pay a monthly Power
Maintenance Charge until such time as CLEC notifies Qwest that it wishes either to reenergize
the feed or to discontinue the option. In instances where a shortage of fuse position is
imminent, Qwest reserves the right to notify CLEC of the need to exercise its option or
relinquish the fuse position to Qwest. Upon receipt of such notification, CLEC will have the
option of energizing the secondary feed to at least 20 amps or returning the fuse position to
Qwest within thirty (30) days of receipt of the notification.
CLEC assumes all responsibility for outages and/or impacts to CLEC-provided service
and equipment due to the reduction in DC Power.
February 20, 2004/lhd/ELI/Amend-DC Power Reduction/lD
Amendment to: CDS-000612-0162
Template version:DC PowerReduction 6-20-
Attachment 1
Restoration of the desired power is contingent upon desired power and fuse position
availability.
Rate Structure
Collocation charges will be based upon the information provided to Qwest by CLEC on
the Collocation Application Form. Below is an example of additional charges that are unique to
a Power Reduction Request and will be provided to CLEC via a quote:
Based on this evaluation of work provided in the quote, the rates provided in
Exhibit A to this Amendment will apply. One QPF per application/per collocation site will
be charged. When multiple feeds at the same collocation space are reduced or
eliminated, CLEC will pay one QPF. Other nonrecurring and recurring charges may
apply as reflected in CLEC's Interconnection Agreement.
Qwest will provide CLEC a quote for additional nonrecurring charges associated
with the Power Reduction Procedure based upon the rates provided in Exhibit A. All
quoted nonrecurring charges must be paid within thirty (30) Days from the quote. Such
payment constitutes CLEC's quote acceptance and authorizes Qwest to perform the
work to effect the requested power reduction.
1.4 Billing to CLEC for initial power value at the collocation site will be modified to
reflect the reduced amount upon receipt of payment of the quoted charges and will be
made effective back to the date of acceptance of the Power Reduction Application by the
CPMC.
Recurring billing for the Power Maintenance Charge will terminate on the day
CLEC energizes the feed or returns the fuse position to Qwest.
Nonrecurring Charges
QPF: Includes the cost of performing a feasibility study and producing the quote
for fulfilling the Power Reduction request. It covers the project, order and support
management associated with the administrative functions of processing the request.
Power Reduction Charge: Includes costs associated with reducing the
fuse/breaker size. Rates are categorized in this manner based upon the work involved
and power distribution point (e.g., BDFB or power board) and are set forth in Exhibit A of
CLEC's Interconnection Agreement. Where additional work is needed, such as rewiring
the power lead at the power source (or some cases may require relocation of the feed),
rates will be calculated on an Individual Case Basis (ICB) basis. These rates will be
provided to CLEC on the quote prior to work beginning.
Power Restoration Charge (assessed if power is restored): ICB Charge
associated with restoring the power cable to the power source and is contingent upon
whether the desired power and fuse position is available. Qwest will evaluate work
required to perform the Power Restoration request and provide CLEC a quote utilizing
standard power element charges (for example, DC power usage, labor, and cabling
charges) included in Exhibit A of CLEC's Interconnection Agreement.
February 20, 2004/lhd/ELI/Amend-DC Power Reduction/ID
Amendment to: CDS-000612-0162
Template version:DC PowerReduction 6-20-
Attachment 1
Recurring Charge
Power Maintenance Charge: Monthly recurring charge associated with option to
hold the power infrastructure from a secondary feed in place for potential CLEC
requests.
Ordering
CLEC should submit the "Collocation Application for New, Augment or Change" and
indicate specific power feeds to be reduced (e.g., eliminate or reduce multiple feeds from 60 to
zero amps or reduce main feed from 60 to 20 amps). Under the "type of request" category
CLEC should indicate that this is an Augment.
February 20, 2004/lhd/ELI/Amend-DC Power Reduction/ID
Amendment to: CDS-000612-0162
Template version:DC PowerReduction 6-20-
Exhibit A
EXHIBIT A
Power Feed Initial Voltage Work Performed Applicable Charges
Tvpe Value
Reduce Primary Initial amount less Changing fuse QPF-$441.
or secondary than 60 amps value at BDFB-Power reduction charge
feed value Note: Must maintain No cabling work $346.
20 amp minimum required.Total Charge: $787.
primary feed.
Initial feed at power Changing breaker QPF-$441.
board and with at Power plant Power reduction charge
reduction cable $587.
stays at power Total Charge: $1028.
board.
Reduction of power Requires power Walk through will detail work
requires a change in cabling changes and elements needed to
location from power and detailed perform reduction. Quote will
board to BDFB.engineering work be provided on an ICB utilizing
performed.standard power element
charges (DC power usage
cabling etc.) as defined in
CLEC's Interconnection
AQreement.
Secondary May be reduced to Power restored to $68.92 is added to above
Feed zero and held in Qwest inventory.nonrecurring power reduction
place for future based on initial value of
augment requests.secondary feed.
QPF-$441.
Fuse position and Monthly recurring charges of
cabling held for $37.00 to hold fuse position.
future use.
Cate 0
Power
Restoration
Descri tion
Qwest will evaluate work required to
perform Power Restoration of the power
cable to the power source contingent on
whether the desired power and fuse
position is available.
Rates/Char es
ICB Charge with standard
power element charges (e.
DC power usage, labor, and
cabling charges) as defined in
Exhibit A of CLEC'
Interconnection A reement.
February 20, 2004/lhd/ELI/Amend-DC Power Reduction/ID
Amendment to: CDS-000612-0162
Template version:DC PowerReduction 6-20-