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Home My WebLink About20030729Amendment.pdf- CI::i\/r::U 5 TO E L ~~,. :' 101 S. Capitol Boulevard. Suite 1900 Boise. Idaho 83702 main 208.389.9000 fax 208389.9040 www.stoe1.com zmn JUL 28 pn 4: 08 ATTORNEYS AT lAW I ' - - UTiLi i ::.~) COI'ii'\iSSIOtJ July 28 2003 MARY S. HOBSON Direct (208) 387-4277 mshobson(ij)stoel.com VIA HAND DELIVERY Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83720-0074 Re:Case No. QWE-Ol- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation and Preferred Carrier Services, Inc. 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. QJJ1t Mary S. HO :blg Enclosurecc: Service List Oregon Washington California Boise-159936.10029164-00016 U 1 a h Idaho ::C~::\; 0.) 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 mshobson(~),stoel.com ')':, 1" 'it' "i;jJJ;':c.Pf'i ~:()8 UI-iL;" ":: ;, '(""- /I IlvvlUi. Alex Valencia Preferred Carrier Services, Inc. 14681 Midway Road - Suite 105 Addison, TX 75001 Telephone: (972) 503-3388 Facsimile: (972) 503-3385 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION AND PREFERRED CARRIER SERVICES, INC. FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT PURSUANT TO 47 US.c. ~252(E) CASE NO.QWE-01- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") and Preferred Carrier Services, Inc. ("Preferred") 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 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-159933,10029164-00016 Preferred 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 Preferred to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Preferred 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 28th day of July, 2003. Mary S. bson Stoel Rives LLP Attorneys for Qwest and Alex Valencia Preferred Carrier Services, Inc. APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Boise-159933,10029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 28th 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 iiewell~puc.state.id. -L Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Alex Valencia Preferred Carrier Services, Inc. 14681 Midway Road - Suite 105 Addison, TX 75001 Telephone: (972) 503-3388 Facsimile: (972) 503-3385 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Luba Hromyk Qwest Communications International Inc. 1801 California Street - Room 3800 Denver, CO 80111 Telephone: (303) 672-2803 Facsimile: (303) 672-2755 Ihromyk~qwest.com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email bt/ht/b /olh2d~ Brandi L. G arhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Boise-159933,10029164-00016 Performance Assurance Plan Amendment to the Interconnection Agreement between Qwest Corporation and Preferred Carrier Services, Inc. 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 Preferred Carrier Services , Inc. ("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-01-15; and WHEREAS, the Parties wish to amend the Agreement further under the terms and conditionscontained 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 to 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 6, 2003/lhd/Preferred Carrier/PAP Amend/ID.doc Amendment to: CDS-010416-0117 ID 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. June 6, 2003/lhd/Preferred Carrier/PAP AmendllO.doc Amendment to: COS-010416-0117 10 3-12-03 SGAT 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. 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. Qwest ra:: SignatureSign e,~ YlC\d.. Name Pnntedffyped L.T. Christensen Name PrintedfTyped Director - Business Policy Title 11 -03 Date y!~~ Date June 6, 2003/lhd/Preferred Carrier/PAP AmendllD,doc Amendment to: CDS-010416-0117 ID 3-12-03 SGAT QWE-01- AMEND MENT IS..... IDAHO PERFORMANCE ASSURANCE PLAN SEE SGAT 3-12- CASE FILE