20040218Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
RECEIVED 0
CIL.ED
2004 FEB 12 PH tj: 38
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William E. Braun
800-RECONEX, Inc.
2500 Industrial Avenue
Hubbard, OR 97032
Telephone: [phone]
[phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICA nON OF QWEST
CORPORATION AND 1-800-RECONEX, INC.
FOR APPROVAL OF A WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. 9252(E)
CASE NO.: QWE-Ol-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and 1-800-RECONEX, Inc. ("Reconex ) 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-167611.1 0029164-00016
Reconex and Qwest respectfully submit this Amendment provides no basis for either
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
Reconex to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Reconex 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 lih day of February, 2004.
Qwest Corporation
/k/(M~ /It;
Mary S. bson
Stoel Rives LLP, Attorneys for Qwest
and
William E. Braun
800-RECONEX, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-167611.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 1ih day of February, 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
jiewell~puc.state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
William E. Braun
800-RECONEX, Inc.
2500 Industrial Avenue
Hubbard, OR 97032
Telephone: [phone]
[phone]
Hand Delivery~ U.Mail
Overnight Delivery
Facsimile
Email
~d?~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-167611.1 0029164-00016
UNE-P PAL Amendment
to the Interconnection Agreement between
awest Corporation and
800 RECONEX, Inc.
for the State of Idaho
This is an Amendment ("Amendment") for UNE-Public Access Lines (PAL) to the
Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation , and
800 RECONEX, Inc. ("CLEC"
).
CLEC and Qwest shall be known jointly as the ("Parties
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreemenf') for
service in the state of Idaho which was approved by the Idaho Public Utilities Commission
Commission ) on August 21 2001 as referenced in Case No. QWE-01-13; 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
This Amendment is made in order to add, to the Agreement, the following UNE-P Public Access
Lines (PAL) language. UNE-P PAL nonrecurring rates are found in Exhibit A attached hereto
and incorporated herein. UNE-P PAL recurring rates are found in specified sections of the rate
pages in Exhibit A of the Agreement. Both Unbundled Network Elements (UNEs) and
Unbundled Network Element Combinations sections must be included within CLEC's existing
Interconnection Agreement to incorporate this product as an Amendment.
UNE-P PAL: Public Access Lines are available to CLEC as a UNE Combination. UNE-P PAL is
comprised of the following UNEs: Analog 2-wire voice grade loop, Analog Line Side Port and
Shared Transport. All Vertical Switch Features that are technically feasible for PAL are
available with UNE-P PAL. For complete descriptions, refer to the appropriate Unbundled
Network Elements Sections of the Agreement.
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
January 28, 2004/lhd/1-800 RECONEX-UNE- P PAL-ID.doc
Amendment to: CDS-010507-0061
Template version: UNE-P PAL Amendment 10-14-02/Updated 5-30-
Page 1 of 4
by Qwest. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements hav~ been met.
ChanQe of Law
A. The provisions in this Amendment are intended to be in compliance with and based on
the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state rules, regulations, and laws, as of April 1, 2003 (the Existing Rules). Nothing
in this Amendment shall be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of the Existing Rules or an admission by Qwest or CLEC that the
Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing in
this Amendment shall preclude or estop Qwest or CLEC from taking any position in any
forum concerning the proper interpretation or effect of the Existing Rules or concerning
whether the Existing Rules should be changed, vacated, dismissed , stayed or modified. To
the extent that the Existing Rules are vacated, dismissed, stayed or materially changed or
modified , then this Amendment shall be amended to reflect such legally binding modification
or change of the Existing Rules. Where the Parties fail to agree upon such an amendment
within sixty (60) Days after notification from a Party seeking amendment due to
modification or change of the Existing Rules or if any time during such sixty (60) Day period
the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen
(15) Days , it shall be resolved in accordance with the Dispute Resolution provision of the
Agreement. It is expressly understood that this Amendment will be corrected , or
requested by CLEC, amended as set forth herein , to reflect the outcome of generic
proceedings by the Commission for pricing, service standards, or other matters covered by
this Amendment. Any amendment shall be deemed effective on the effective date of the
legally binding change or modification of the Existing Rules for rates, and to the extent
practicable for other terms and conditions, unless otherwise ordered. During the pendancy
of any negotiation for an amendment pursuant to this Section the Parties shall continue to
perform their obligations in accordance with the terms and conditions of this Amendment, for
up to sixty (60) Days. If the Parties fail to agree on an amendment during the sixty (60) Day
negotiation period, the Parties agree that the first matter to be resolved during Dispute
Resolution will be the implementation of an interim operating agreement between the
Parties regarding the disputed issues, to be effective during the pendancy of Dispute
Resolution. The Parties agree that the interim operating agreement shall be determined and
implemented within the first fifteen (15) Days of Dispute Resolution and the Parties will
continue to perform their obligations in accordance with the terms and conditions of this
Amendment, until the interim operating agreement is implemented. For purposes of this
section
, "
legally binding" means that the legal ruling has not been stayed, no request for a
stay is pending, and any deadline for requesting a stay designated by statute or regulation
has passed.
B. In addition, but without limiting Section A above, nothing in this Amendment shall be
deemed an admission by Qwest or CLEC concerning the interpretation or effect of the
FCC's decision and rules adopted in In the Matter of Review of the Section 251 Unbundling
Obligations of Incumbent Local Exchange Carriers; Implementation of the Local Competition
Provisions of the Telecommunications Act of 1996; Deployment of Wireline Services
Offering Advanced Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-
147 Report and Order on Remand, FCC 03-, nor rules, regulations and interpretations
thereof, including but not limited to state rules, regulations, and laws as they may be issued
or promulgated regarding the same ("Decision(s)"
).
Nothing in this Amendment shall
preclude or estop Qwest or CLEC from taking any position in any forum concerning the
January 28, 2004/lhd/1-800 RECONEX-UNE- P PAL-ID.doc
Amendment to: CDS-010507-0061
Template version: UNE-P PAL Amendment 10-14-02/Updated 5-30-
Page 2 of 4
proper interpretation or effect of the Decision or concerning whether the Decision should be
changed, vacated, dismissed, stayed or modified.
Amendment Waivers
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.
~7Inc.
Signature ~I110
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Signature
l.ri\l~t\\'o. ~. -c~~
Name PrintedfTyped
O~l ~(A.k 't" C:e~\
Title
L.T. Christensen
Name PrintedfTyped
J"J-o"\
Date
Director - Interconnection Aareements
Title
"?-/t f/ 10
Date.
January 28, 2004/lhd/1-800 RECONEX-UNE- P PAL-ID.doc
Amendment to: CDS-010507-0061
Template version: UNE-P PAL Amendment 10-14-02/Updated 5-30-
Page 3 of 4
Exhibit A
EXHIBIT A
IDAHO RATES
UNE Combinations
UNE-P Conversion Nonrecurring Charges
UNE-P PAL Manual
First $16.
Each Additional $2.
UNE-P New Connection Nonrecurring Charges
UNE-P PAL Manual
First $85.
Each Additional $19.
January 28, 2004/lhd/1-800 RECONEX-UNE- P PAL-ID.doc
Amendment to: CDS-01 0507-0061
Template version: UNE-P PAL Amendment 1 0-14-02/Updated 5-30-
Page 4 of 4