20041101Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoe1.coln
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Gegi Leeger
XO Communications
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 WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(E)
CASE NO.: QWE-O2-
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 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 APPROY AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Boise-177615.10029164-00016
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 28th day of October, 2004.
Qwest Corporation
~~-
Mary S. oDson
Stoel Rives LLP, Attorneys for Qwest
and
Gegi Leeger
XO Communications
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-177615.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 28th day of October, 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
iiewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Gegi Leeger
XO Communications
11111 Sunset Hills Road
Reston, VA 20190
Telephone: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
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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-177615.1 0029164-00016
Special Request Process Amendment
to the Interconnection Agreement between
Qwest Corporation and
XO Idaho, Inc.
for the State of Idaho
This Amendment ("Amendmenf'is to the Interconnection Agreement between Qwest
Corporation (f/k/a U S WEST Communications, Inc.
) ("
Qwest"), a Colorado corporation, and
XO Idaho, Inc. ("CLEC"
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement") for service in
the State of Idaho, that 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 by adding the terms and conditions
contained herein.
AG REEM ENT
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 and conditions for the Special Request
Process, as set forth in Attachment 1 , attached hereto and incorporated herein.
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.
Amendments: 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
October 13, 2004/lhd/XO/Amd-Special Request Process/ID
Amendment to CDS-020124-0083
Exhibit F from Negotiations Template 9-09-2004
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 Agreemen\
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.
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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Qwest Corporation
Signature Signature
!J-(eatfier r:B.yO (if
Name PrintedfT overnmenrnerations
XO Communications, Inc.
L. T. Christensen
Name PrintedfTyped
Date
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Director - Interconnection Aareements
Title
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Title
Date
October 13, 2004/lhd/XO/Amd-Special Request Process/ID
Amendment to CDS-020124-0083
Exhibit F from Negotiations Template 9-09-2004
ATTACHMENT
Special Request Process
The Special Request Process shall be used for the following requests:
Requesting specific product feature(s) be made available by Qwest that are
currently available in a switch , but which are not activated.
Requesting specific product feature(s) be made available by Qwest that are not
currently available in a switch , but which are available from the switch vendor.
Requesting a combination of Unbundled Network Elements that is a combination
not currently offered by Qwest as a standard product and:
that is made up of UNEs that are defined by the FCC or the
Commission as a network element to which Qwest is obligated to provide
unbundled access , and;
that is made up of UNEs that are ordinarily combined in the Qwest
network.
1.4 Requesting an Unbundled Network Element that does not require a technical
feasibility analysis and has been defined by the FCC or the State Commission as a
network element to which Qwest is obligated to provide unbundled access, but for which
Qwest has not created a standard product, including, but not limited to, OC-192 (and
such higher bandwidths that may exist) UDIT, EEL between OC-3 and OC-192 and new
varieties of subloops.2. Any request that requires an analysis of Technical Feasibility shall be treated as a Bona
Fide Request (BFR), and will follow the BFR Process set forth in this Amendment. If it
determined that a request should have been submitted through the BFR process, Qwest will
consider the BFR time frame to have started upon receipt of the original Special Request
application form.3. A Special Request shall be submitted in writing and on the appropriate Qwest form
which is located on Qwest's website.4. Qwest shall acknowledge receipt of the Special Request within two (2) business days of
receipt.5. Qwest shall respond with an analysis, including costs and timeframes , within fifteen (15)
business days of receipt of the Special Request. In the case of UNE Combinations, the analysis
shall include whether the requested combination is a combination of network elements that are
ordinarily combined in the Qwest network. If the request is for a combination of network
elements that are not ordinarily combined in the Qwest network, the analysis shall indicate to
CLEC that it should use the BFR process if CLEC elects to pursue its request.6. Upon request Qwest shall provide CLEC with Qwest's supporting cost data and/or
studies for Unbundled Network Elements that CLEC wishes to order within seven (7) business
October 13, 2004/lhd/XO/Amd-Special Request Process/ID
Amendment to CDS-020124-0083
Exhibit F from Negotiations Template 9-09-2004
days, except where Qwest cannot obtain a release from its vendors within seven (7) business
days, in which case Qwest will make the data available as soon as Qwest receives the vendor
release. Such cost data shall be treated as Confidential Information, if requested by Qwest
under the non-disclosure sections of the Agreement.
October 13, 2004/lhd/XO/Amd-Special Request Process/ID
Amendment to CDS-020124-0083
Exhibit F from Negotiations Template 9-09-2004