20040927Amendment II.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
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Lee Weiner
11111 Sunset Hills Road
Reston, VA 20190
Telephone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND XO IDAHO, INC.
FOR APPROV AL OF A WIRE LINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(E)
CASE NO.QWE- T -02-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTE R CO NNE CTI 0 NAG RE E ME
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 February 28 2002 (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.
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
APPLICATION FOR APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Boise-176156.10029164-00016
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 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 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 23rd day of September, 2004.
Mary S. bson
Stoel Rives LLP, Attorn
and
Lee Weiner
XO:Idaho, Inc.
APPLICATION FOR APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-176156.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day of September, 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
O. Box 83720
Boise, Idaho 83720-0074
11 ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Lee Weiner
11111 Sunset Hills Road
Reston, VA 20190
Telephone: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
&~$ 62
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
Boise-176156.10029164-00016
CLEC-to-CLEC Cross Connections Amendment
to the Interconnection Agreement
between
Qwest Corporation
and
XO Idaho, Inc.
for the State of Idaho
This is an Amendment to the Interconnection Agreement between Qwest Corporation ("Qwest"
) ,
a Colorado corporation, and XO Idaho, Inc. ("CLEC"), a corporation.
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 February
, 2002 , as referenced in Order No. 28964 ("Agreement"); 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 the terms, conditions and rates for CLEC-to-
CLEC Cross Connections, 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. Additionally, Qwest shall
implement any necessary billing changes within two (2) billing cycles after the latest execution
date of this Amendment , with a true-up back to the latest execution date of this Amendment by
the end of the second billing cycle. The Parties agree that so long as Qwest implements the
billing changes and the true-up as set forth above, the CLEC's bills shall be deemed accurate
and adjusted without error.
September 2, 2004/pjd/XO/CLEC-to-CLEC/10
Amendment to COS-020124-0083 (from 10 SGAT 7-25-02)
Last updated - 5/6/04
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,
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.
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.
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Director - Interconnection Aareements
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September 2, 2004/pjd/XO/CLEC-to-CLEC/ID
Amendment to CDS-020124-0083 (from ID SGAT 7-25-02)
Last updated - 5/6/04
ATTACHMENT
ATTACHMENT 1
CLEC-to-CLEC Cross Connections
Terms and Conditions
23 Qwest shall design and engineer the most efficient route and cable
racking for the connection between CLEC's equipment in its collocated spaces to the
collocated equipment of another CLEC located in the same Qwest Premises; or to
CLEC's own non-contiguous Collocation space. The most efficient route generally will
be over existing cable racking, to the extent Technically Feasible , but to determine the
most efficient route and cable racking, Qwest shall consider all information provided by
CLEC in the Application form , including but not limited to, distance limitations of the
facilities CLEC intends to use for the connection. If the length of the most efficient route
exceeds any such distance limitations Qwest will notify CLEC of available options.
When CLEC notifies Qwest of CLECs preferred option , Qwest will proceed with the route
design and quote preparation. If CLEC elects to have Qwest provide the channel
regeneration , the quote will include the applicable charges. CLEC shall have access to
the designated route and construct such connection, using copper, coax, optical fiber
facilities , or any other Technically Feasible method utilizing a vendor of CLEC's own
choosing. CLEC may place its own fiber, coax, copper cable , or any other Technically
Feasible connecting facilities outside of the actual physical Collocation space, subject
only to reasonable NEBS Level 1 safety limitations using the route specified by Qwest.
CLEC may perform such Interconnections at the ICDF if desired. CLEC may
interconnect its network as described herein to any other collocating Carrier, to any
collocated Affiliate of CLEC, to any End User s Premises, and may interconnect CLEC'
own collocated space and/or equipment (e.g., CLEC's Physical Collocation and CLEC'
Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall be
ordered either as part of an Application for Collocation under the Agreement, or
separately from a Collocation Application in accordance with Section 8.4.7. CLEC-to-
CLEC Cross Connections at an ICDF are available, as follows:
23.CLEC-to-CLEC Cross Connections at the ICDF.
23.1 CLEC-to-CLEC Cross Connection (COCC-X) is defined
as CLEC's capability to order a Cross Connection from it's Collocation in
a Qwest Premises to its non-adjacent Collocation space or to another
CLEC's Collocation within the same Qwest Premises at the ICDF.
23.Qwest will provide the capability to combine these
separate Collocations through an Interconnection Distribution Frame
(ICDF). This is accomplished by the use of CLECs' Connecting Facility
Assignment (CFA) terminations residing at an IDCF. Also, ICDF Cross
Connections must terminate on the same ICDF at the same service rate
level.
23.If CLEC has its own Dedicated ICDF, the CLEC is
September 2, 2004/pjd/XO/CLEC-to-CLEC/ID
Amendment to CDS-020124-0083 (from ID SGAT 7-25-02)
Last updated - 5/6/04
ATTACHMENT
responsible for ordering tie cables to the common ICDF frame/bay where
the other CLEC resides. These tie cables would be ordered through the
existing Collocation Application form.
23.1.4 CLEC is responsible for the end-to-end service design
that uses ICDF Cross Connection to ensure that the resulting service
meets its Customer s needs. This is accomplished by CLEC using the
Design Layout Record (DLR) for the service connection. Depending onthe distance parameters of the combination, regeneration may be
required.
23.If two CLECs are involved, one CLEC acts as the
ordering" CLEC. The ordering CLEC identifies both connection CF A's on
the ASR. CLEC requests service order activity by using the standard
ASR forms. These forms are agreed upon nationally at the OBF
(Ordering and Billing Forum). Refer to the DMP (Document Management
Platform)/Carrier/Carrier Centers/"ASOG" for copies of all forms
including definitions of the fields. CLEC is responsible for obtaining these
forms. Qwest must not reproduce copies for its Customers, as this is a
copyright violation. The standard industry forms for CLEC-to-CLEC
Cross Connections (COCC-X) are: Access Service Request (ASR),
Special Access (SPE) and Additional Circuit Information (ACI).
Ordering - CLEC to CLEC Connections
8.4.Application -- Upon receipt of the applicable portions of a
complete Collocation Application as described in the Agreement. Qwest will
perform a feasibility study to determine if adequate cable racking can be found
for the placement of CLEC's copper, coax, or fiber optic cable, or any other
Technically Feasible method used to interconnect CLEC's collocated equipment
that is in separate locations in the same Qwest Premises, or to another CLEC'
equipment in the same Premises. The feasibility study will be provided within ten
(10) calendar days from date of receipt of a complete Application
8.4.If Qwest determines that the Application is not complete,
Qwest shall notify CLEC of any deficiencies within ten (10) calendar
days of the Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain
its place in the Collocation queue for the requested Premises, CLEC
must cure any deficiencies in its Application and resubmit the
Application within ten (10) calendar days after being advised of the
deficiencies.
8.4.Quotation -- If existing cable racking is available, Qwest will
provide CLEC with a quote and the specific cable rack route to CLEC with the
feasibility study. If additional cable racking is required to accommodate CLEC'
request, Qwest shall provide a feasibility and quote to CLEC no later than ten
(10) calendar days of receipt of Collocation Application. CLEC-to-CLEC
September 2, 2004/pjd/XO/CLEC-to-CLEC/ID
Amendment to CDS-020124-0083 (from ID SGAT 7-25-02)
Last updated - 5/6/04
ATTACHMENT
Connection quotes will be honored for thirty (30) calendar days from the date the
quote is provided. During this period, the space is reserved pending CLEC'
Acceptance of the quoted charges.
Acceptance -- There are two forms of Acceptance for CLEC-to-
CLEC Connections:
8.4.1 CLEC-to-CLEC connections with existing cable rack. -
CLEC must submit payment of one hundred percent (1000/0) of the
quoted nonrecurring charges with its Acceptance. Upon receipt of a
complete Collocation Acceptance, CLEC may begin placement of its
copper, coax, or fiber cables along the Qwest designated cable rack
route. Recurring charges will begin with CLEC Acceptance.
8.4.2 CLEC-to-CLEC Connections using new cable rack. - Upon
receipt of a complete Acceptance from CLEC, as described in the
Agreement, Qwest will begin construction of the new cable rack.
8.4.Interval - Pursuant to Section 8.4., the construction interval
for CLEC-to-CLEC Connections requiring the construction of new cable rack by
Qwest shall be within sixty (60) calendar days of the receipt of the complete
Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30)
calendar days after receipt of the Qwest quotation, the Application shall be
resubmitted by CLEC.
Rate Elements
Rate elements for Collocation are included in Exhibit A.
September 2, 2004/pjd/XO/CLEC-to-CLECIID
Amendment to CDS-020124-0083 (from ID SGAT 7-25-02)
Last updated - 5/6/04
Exhibit A
Idaho
EAS Local Traffic Reciprocal
Compensation Election
~:mneQfdeie(l~ate$ .'Notes
Collocation
CLEC to CLEC
Desian Enaineerina & Installation
Flat Charae lDesian Enaineerina - No Cables)$634.
Fiber Flat CharQe $1 229.
Cable Rackina. Per Foot
DSO Der Foot Der Cable $0.11848
DS1, Der Foot Der Cable $0.13075
DS3 Der Foot per Cable $0.10234
2.4 Fiber, per Foot, per Fiber $0.93313
Virtual Connections (if aDDlicable - Connections only: No cables)
DSO Per 100 Connections)$194.
DS1 Per 28 Connections)$91.
DS3 Per 1 Connection)$5.
3.4 Fiber Connections. per Fiber Spliced $37.
7.4 Cable Hole (if Applicable)$386.
CLEC to CLEC Cross Connection $201.
NOTES:
Unless otherwise indicated. all rates are pursuant to Idaho Public Utilities Commission Dockets:
B Cost Docket QWE-01-. Order No. 29408 (January 5 2004) rates effective January 5 2004.
September 2, 2004/pjd/XO/CLEC-to-CLECIID
Amendment to CDS-020 124-0083
5th Amended April 26, 2004 Page 1 of 1