20030815Amendment.pdf

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ATTORNEYS AT LAW
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2001 ~UG \ 5 PM 4~ 3 \
;ES ¿ri~H11~S\ON
101 S. Capitol Boulevard. Suite 1900
Boise. Idaho 83702
main 208.389.9000
fax [phone]
STOEL~~,s
ww.stoel.com
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August 15,2003
MARY S. HOBSON
Direct [phone]
mshobsontoI.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re: Case No. QWE-T-02-2
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION
AGREEMENT
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and XO Idaho, 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. Than you for your
assistance in this matter.
Very trly your,
/li~(*Lc ..
Mar S. ílobson
:blg
Enclosure
cc: Service List
Oregon
Washington
California
Boise-I60642.l 0029164-00016
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RECEIVED
Mar S. Hobson (ISB# 2142)o
Stoe1 Rives LLP zn03 AUG I 5 PH 4: 3 I
101 South Capitol Boulevard - Suite 1900
Boise, il 83702
Telephone: [phone]
Facsimile:.[phone]
mshobson(fstoel.com
¡.~J j'::¡Už3L tC
UTILITiES COt1MlSSION
Rex Knowles
XO Communications
III East Broadway - Suite 1000
Salt Lake City, UT 84111
Telephone: [phone]
rex.knowles(fxo.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND XO IDAHO, INC. FOR
APPROVAL OF A WIRLINE
INERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(E)
CASE NO.: QWE-T-02-2
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and XO Idaho, Inc. ("XO") hereby jointly file this
Application for Approval of Amendment to the Interconnection Agreement ("Amendment"),
which was approved by the Idaho Public Utilities Commission on Februar 28, 2002 (the
"Agreement"). A copy of the Amendment is submitted herewith.
This Amendment was reached through voluntar negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252( e) of the Communcations
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 though voluntary negotiations only if the Commission finds that: the amendment (or
portion(s) thereof) discriminates against a telecommunications carer not a pary 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 INERCONNECTION AGREEMENT - Page 1
Boise-160641. 0029164-00016
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XO 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 ofthis Amendment wil enable XO
to interconnect with Qwest facilities and to provide customers with increased choices among
local telecommunications services.
XO and Qwest further request that the Commission approve this Amendment without a
hearing. Because this Amendment was reached through voluntar negotiations, it does not raise
issues requiring a hearng and does not concern other paries not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this isth day of August, 2003.
Qwest Corporation
/tt4MlÇlbt.~__
Mary S. H~son
Stoel Rives LLP, Attorneys for Qwest
and
Rex Knowles
XO Communications
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INERCONNECTION AGREEMENT - Page 2
Boise- 160641. 0029164-00016
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CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of August, 2003, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
jj ewell(fuc.state.id. us
-X Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Rex Knowles
XO Communications
111 East Broadway - Suite 1000
Salt Lake City, UT 84111
Telephone: [phone]
rex.know1es(fxo.com
-X Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
LubaHromyk
Qwest Communcations International Inc.
1801 California Street - Room 3800
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
lhromyk(fqwest.com
-X Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~randi L. Gearhart, PLS
Legal Secretar to Mary S. Hobson
Stoe1 Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INERCONNECTION AGREEMENT - Page 3
Boise-160641. 0029164-0016
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Collocation Transfer of Responsibilty Amendment
to the Interconnection Agreement between
Qwest Corporation and
XO Idaho, Inc.
for the State of Idaho
This is an Amendment ("Amendment") for Collocation Transfer of Responsibility to the
Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and
XO Idaho, Inc. ("CLEC"). CLEC and Qwest shall be known jointly as the "Parties".
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") which
was approved by the Idaho Public Utilities Commission ("Commission") on February 28, 2002,
as referenced in Order No. 28964; 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 Collocation
Transfer of Responsibility as set forth in Attachment 1 and Exhibit A to this Amendment,
attached hereto and incorporated herein by this reference.
Rates in Exhibit A wil 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 wil be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
Amendment Waivers
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 part 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.
July 15, 2003/lhdIO/ColloTransfer of Respons Amend - ID
Amendment to: CDS-020124-0083
Template version: Collocation Transfer of Responsibilty 6-20-03
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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.:;,8:' i:; ~
~u;-Signature
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Name PrintedlTyped0? ?~d\¿~'\Title i
L. T. Christensen
Name Printedlyped
Director - Business Policy
Title
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July 15, 2003/lhdIO/ColloTransfer of Respons Amend - ID
Amendment to: CDS-020124-0083
Template version: Collocation Transfer of Responsibilty 6-20-03
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Attachment 1
ATTACHMENT 1
COLLOCATION TRANSFER OF RESPONSIBILITY
If terms and conditions for Collocation Transfer of Responsibility are included in CLEC's
Interconnection Agreement, and those terms differ from those set forth in this amendment, then
the terms of the Interconnection Agreement prevaiL.
1.0 Description
1.1 Transfer of Responsibility refers to the transfer of a Collocation site to an assuming
CLEC or from a vacating CLEC subject to the conditions set forth herein. A Transfer of
Responsibility Collocation site is identified via the vacating CLEC's 11 character CLLlTM code.
1.2 Transfer of Responsibility is offered for Caged Physical, Cageless Physical, and Virtual
Collocation.
1.3 All other types of Collocation to be transferred wil be handled on an Individual Case
Basis (ICB) by contacting the appropriate Qwest Wholesale Project Manager (WPM).
1 .4 There are two types of Transfer of Responsibility:
1 .4.1 Transfer of Responsibilty without working circuits - there are no active
terminations (e.g., Digital Signal Level 0 (DSO), Digital Signal Level 1 (DS1)) for the
Collocation site to be transferred.
1.4.2 Transfer of Responsibility with working circuits - active terminations (e.g., DSO,
DS1) are associated with the Collocation site to be transferred.
1.5 Transfer of Responsibility with working circuits is offered if only administrative changes
are required and the transfer does not involve translations activity that need to be processed in
conjunction with the transfer. If the CLEC's transfer plans allow for the completion of the
Transfer of Responsibility prior to the translation activity, then the transfer request would be
permissible within the product offering.
1.6 A request for Transfer of Responsibility is irrevocable upon one hundred percent (100%)
payment by the assuming CLEC of the nonrecurring Collocation transfer charges reflected on
the quote.
2.0 Terms and Conditions
2.1 A Collocation site is considered eligible for Transfer of Responsibility only after Qwest
completes the site build-out and the vacating CLEC has accepted the site.
2.2 Assuming CLEC is required to have an Interconnection Agreement with Qwest prior to
submitting a Transfer of Responsibilty request. Assuming CLEC will need to amend any
previously-existing Interconnection Agreement prior to submitting a Transfer of Responsibility
request if it does not contain the Terms and Conditions and rate elements for the services that
will be transferred.
2.2.1 If vacating CLEC has filed for bankruptcy, assuming CLEC must comply with 11
U.S.C. Section 365.
July 15, 2003/lhdIXO/ColloTransfer of Respons Amend - ID
Amendment to: CDS.020124-0083
Template version: Collocation Transfer of Responsibility 6-20-03
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Attachment 1
2.3 Both vacating and assuming CLEC's Interconnection Agreements with Qwest must
contain finalized terms and conditions associated with the Transfer of Responsibility of a
Collocation site and all associated services.
2.4 The Collocation site referenced in the Transfer of Responsibility request wil be
transferred "as is" and in its entirety. This includes, but is not limited to, entrance facilties (from
the Point of Interface (POI) utility hole), Splitters, cables, and working circuits (if applicable).
Terms and conditions pertaining to the transfer of equipment between the vacating and
assuming CLECs will be the responsibility of the vacating and assuming CLECs.
2.5 The assuming CLEC wil provide the information Qwest will need to update the following
items: Customer Name, Access Carrier Name Abbreviation (ACNA), Master Customer Number
(MCN), Customer address, phone number, billng and contact information, and contract number.
The 11 character CLEC CLLlTM code will remain the same. The Transfer of Responsibility
request may not include translations work for associated working circuits.
2.6 The Transfer of Responsibility request is available if there are no space requests
pending by a CLEC or Qwest, or if the vacating and assuming CLEC were affilate corporate
entities prior to the proposed transfer, or the transfer is due to a bankruptcy court order.
Collocation Transfer of Responsibility is not available if another CLEC and/or Qwest are in
waiting queue for available space within the requested Central Office.
2.7 The negotiation of the transfer terms and conditions between the vacating CLEC and the
assuming CLEC is the responsibility of those two Parties. Qwest does not participate in these
discussions. Qwest will only manage the database and records transfer.
2.8 Qwest is not responsible for the physical condition of the CLEC's equipment, with the
exception of equipment associated with a Virtual Collocation site, as set forth in CLECs'
Interconnection Agreement.
2.9 If a CLEC submits a Transfer of Responsibility request for a site that has a related
Splitter Collocation associated with it, the Splitter Collocation wil be transferred as part of the
Transfer of Responsibility.
2.10 Submission of new connect, change, and disconnect orders wil be restricted from quote
acceptance until the transfer of the working circuits is complete. If new connect, change, and
disconnect orders need to be submitted between quote acceptance and the completion of the
transfer, it wil be handled on an ICB and could affect the Ready for Service (RFS) date.
2.11 Submission of Collocation augment orders wil be restricted from the time that the
Application for Transfer of Responsibilty has been validated until the assuming CLEC has
accepted the quote for the Transfer of Responsibility.
2.12 All work in progress related to the Collocation site and/or associated working circuits (if
applicable) must either be completed or cancelled by vacating CLEC prior to quote acceptance.
2.13 If vacating CLEC does not lease another physical Collocation site at the specified
Central Office at the time of the Transfer of Responsibilty request, then vacating CLEC must
relinquish security access to the building.
July 15, 2003/lhd/XO/ColloTransfer of Respons Amend - ID
Amendment to: CDS-020124-0083
Template version: Collocation Transfer of Responsibility 6-20-03
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Attachment 1
2.14 CLEC's obligations:
2.14.1 Prior to submitting a Transfer of Responsibility request, vacating CLEC's financial
obligations to awest with respect to the Collocation site to be transferred must be met,
with the exception of formally disputed charges. The vacating CLEC's financial
obligations will include payment of one hundred percent (100%) of all nonrecurring
charges and all applicable recurring charges for the specific Collocation account that are
more than 30 days past due.
2.14.2 Prior to submitting a Transfer of Responsibility request, the assuming CLEC's
financial obligations to awest must be in good standing.
2.14.3 Prior to submitting a Transfer of Responsibility (without working circuits) request,
vacating CLEC must ensure that no live circuits exist at the Collocation site to be
transferred.
2.14.4 Prior to transferring a Collocation site with working circuits, vacating CLEC must
notify, in writing, all of its current end-users and service customers that utilize its
Transfer of Responsibility Collocation site equipment or facilties of the transfer of
service to the assuming CLEC, unless vacating CLEC has a waiver from the FCC.
2.14.5 Vacating and/or assuming CLEC wil be responsible for submitting Local Service
Request (LSR) orders for Unbundled Loops, Enhanced Extended Loops (EELs), Line
Sharing, and Line Splitting. Orders to transfer Local Interconnection Service (LIS) trunks
and ancilary services (e.g., SS7, 911, Operator Services) with no translation activity, as
well as Dark Fiber, Private Line, and Access circuits, wil be processed based on the
information provided in the Transfer of Responsibilty Spreadsheet found in the Product
Prerequisite section of the Collocation General PCAT.
2.14.6 Assuming CLEC is responsible for Directory Assistance (DA), Operator Services
(OS), Directory Listings (DL), Busy Line Verify/Busy Line Interrupt (BLV/BLI), and 911
changes, if applicable. Any additional SS7 changes wil need to be made after the
transfer is complete.
2.15 Required documentation:
2.15.1 Transfer of Responsibility Application Form.
2.15.2 Vacating CLEC must send awest an e-mail notification (if the transfer includes
working circuits), along with the Transfer of Responsibility Application, representing to
awest that all of its end-users and service customers have been properly notified (refer
to section 2.14.4). An exception is if the CLEC has a waiver from the FCC, which would
then need to be included with the Transfer of Responsibility request.
2.15.3 Vacating and assuming CLEC must provide awest, along with the Transfer of
Responsibility Application, a signed awest Transfer Authorization Agreement. Required
information on the awest Transfer Authorization Agreement: awest Central Office
Name, applicable CLLlTM codes, Collocation BAN numbers, and charges (as provided by
awest) for the transfer of the Collocation site.
2.15.4 If there are working circuits associated with the Collocation site to be transferred,
the vacating or assuming CLEC must complete the Transfer of Responsibility
July 15, 2003/lhdIO/ColloTransfer of Respons Amend - ID
Amendment to: CDS-020124-0083
Template version: Collocation Transfer of Responsibility 6-20-03
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.
.Attachment 1
Spreadsheet and submit it along with the Transfer of Responsibility Application.
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2.15.5 If Collocation site being transferred has a CLEC-to-CLEC (Direct) arrangement,
then the CLEC submitting the Transfer of Responsibilty must submit a Letter of
Authorization (LOA), along with the Transfer of Responsibility Application, signed by
both the vacating CLEC and the CLEC partner authorizing the transfer of the CLEC-to-
CLEC service to the assuming CLEC. A separate LOA is required, as a condition
precedent, for each separate CLEC-to-CLEC relationship with respect to the facilty that
is the subject matter of the Transfer of Responsibilty Application.
2.15.6 Once Collocation site transfer is complete the vacating CLEC, assuming CLEC,
and Owest are all required to sign the Owest Services Transfer Agreement.
3.0 Rate Elements
3.1 Vacating CLEC wil not incur charges for the transfer of the Collocation site.
3.2 Assuming CLEC's quote wil reflect the following nonrecurring charges associated with
the transfer of the Collocation site: Assessment Fee, payable regardless of whether the quote is
accepted, and Network Systems Administrative Fee.
3.3 Nonrecurring charge for processing Interconnection circuits.
4.0 Ordering
4.1 The Transfer of Responsibility process requires submission of the Transfer of
Responsibilty Application Form containing information for both the vacating and the assuming
CLEC.
4.2 The Transfer of Responsibility Application Form can be found on Owests web site at:
http://ww.gwest.com/wholesale/pcatlcollocation.html.
4.3 The Transfer of Responsibilty request should be submitted to colo~gwest.com and
rfsmet~gwest.com simultaneously.
5.0 Biling
5.1 Vacating CLEC is obligated to pay all recurring charges associated with the Collocation
until Owest completes the Transfer of Responsibility request. When the RFS date is met,
Owest wil begin to bill the assuming CLEC for all recurring billng, charges based on the
CLEC's Interconnection Agreement, and cease the recurring biling for the vacating CLEC.
5.2 Assuming CLEC will be responsible for the monthly charges for the working circuits and
charges for the transfer of the working circuits (if applicable).
CLLlTM is a registered trademark of T elcordia
July 15, 2003/lhdIXO/ColloTransfer of Respons Amend. ID
Amendment to: CDS-020124.0083
Template version: Collocation Transfer of Responsibility 6-20-03
6
t.-e Exhibit A
EXHIBIT A
7.0 Interconnection Facilty Options
7.x.x Collocation Transfer of Responsibility of Wireline &
Wireless Interconnection Service Trunks
Per Trunk Group
Per Facility Circuit
8.0 Collocation
8.1 All Collocation
8.1.17 Transfer of Responsibilty
Assessment Fee
Network Systems Administration Fee
9.0 Unbundled Network Elements
9.x.x Collocation Transfer of Responsibility of Unbundled Loop,
er circuit
9.x.x Collocation Transfer of Responsibility of Sub Loop and
Shared Distribution Loo , er circuit
9.x.x Collocation Transfer of Responsibilty of Line Sharing and
Line S Iittin , er circuit
9.x.x Collocation Transfer of Responsibilty of Unbundled
Dedicated Interoffce Trans ort, er circuit
9.x.x Collocation Transfer of Responsibility of Unbundled Dark
Fiber, er air
9.x.x Collocation Transfer of Responsibilty of Enhanced
Extended Loo /Loo MUX Combination, er circuit
9.x.x Collocation Transfer of Responsibilty of Loop Splitting,
er circuit
* These rates are loaded for the Owest region.
$32.80
$32.80
$1,058.00 *
$1,663.00 *
$32.80
$32.80
$32.80
$32.80
$32.80
$32.80
$32.80
July 15, 2003/lhd/XO/ColloTransfer of Respons Amend - 10
Amendment to: COS-020124-0083
Template version: Collocation Transfer of Responsibility 6-20-03
7