20041108Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.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 APPROVAL OF A WIRE LINE
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 APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-1 77923 _1 0029164-00016
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 5th day of November, 2004.
Qwest Corporation
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Mary S. H&,s
Stoel Rives LLP, Attorneys for Qwest
and
Gegi Leeger
XO Communications
APPLICATION FOR APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-177923.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 5th day of November, 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
ij ewell~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
Brandi L. Gearhart, P
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
Boise-177923.l 0029164-00016
DC Power Measuring Amendment
to the Interconnection Agreement between
Qwest Corporation and
XO Idaho, Inc.
for the State of Idaho
This is an Amendment ("Amendmenf') for DC Power Measuring to the Interconnection
Agreement between Qwest Corporation ("Qwesf'), a Colorado corporation, and XO Idaho, Inc.
CLEC"
).
CLEC and Qwest shall be known jointly as the ("Parties
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 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 DC Power
Measuring as set forth in Attachment 1 to this Amendment, attached hereto and incorporated
herein by this reference.
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.
October 26, 2004/lhd/XO/Amd-DC Power/ID
Amendment to CDS-O20124-0083
Template version: DC Power Amendment 5-27-
Page 1
Further Amendments
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 A reement.
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.
Owest Corporation
Signature
!Jleatfier '13.ljofi(
dfTSVP aovernment-Relatieame nn e Communications, Inc.
L. T. Christensen
Name PrintedfTyped
Director - Interconnection Aareements
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Date Date
October 26, 2004/lhd/XO/Amd-DC Power/ID
Amendment to CDS-O20124-0083
Template version: DC Power Amendment 5-27-
Page 2
ATTACHMENT
Monitoring
CLEC orders DC power in increments of twenty (20) amps whenever possible. If CLEC
orders an increment larger than sixty (60) amps, engineering practice normally terminates such
feed on a power board. IF CLEC orders an increment smaller than or equal to sixty (60) amps,
the terminations will normally appear on a Battery Distribution Fuse Board (BDFB).
If CLEC orders sixty (60) amps or less, it will normally be placed on a BDFB where no
monitoring will occur since the power usage rate reflects a discount from the rates for those
feeds greater than sixty (60) amps. If CLEC orders more than sixty (60) amps of power, it
normally will be placed on the power board. Qwest will monitor usage at the power board on a
semi-annual basis. However, Qwest also agrees to take a reading within thirty (30) Days of a
written CLEC request, after CLEC'installation of new equipment. Qwest will perform a
maximum of four (4) readings per year on a particular collocation site. Based on these readings,
if CLEC is utilizing less than the ordered amount of power, Qwest will reduce the monthly usage
rate to CLEC's actual use. If CLEC is utilizing more than the ordered amount, Qwest will
increase the monthly usage rate to the CLEC's actual use. Until such time that CLEC places
equipment and a request is received from CLEC to monitor, Qwest will bill CLEC based on the
amount of power ordered. Once Qwest receives a CLEC monitoring request, it will bill the actual
power usage rate from the date of the CLEC's monitoring request until the next reading. The
next reading date may be generated as a result of the CLEC request or a Qwest routine reading
and Billing will be adjusted on whichever date comes first.
Rate Elements - All Collocation
1 -48 Volt DC Power Usage and AC Usage Charges. Provide -48 volt DC power to CLEC
collocated equipment and is fused at one hundred twenty-five percent (1250/0) of request. The
DC Power Usage Charge is for the capacity of the power plant available for CLEC's use. The
AC Usage Charge is for the power used by CLEC. Both the DC Power Usage Charge and the
AC Usage Charge are applied on a per ampere basis.
The -48 Volt DC Power Usage Charge is specified in Exhibit A of the Agreement and
applies to the quantity of -48 Volt Capacity specified by the CLEC in its order.
1 -48 Volt DC Power Usage Charge - Applies on a per amp basis to all orders of
greater than sixty (60) amps. Qwest will initially apply the -48 Volt DC Power Usage
Charge from Exhibit A to the quantity of power ordered by CLEC. Qwest will determine
the actual usage at the power board as described in Section 1.2 There is a one (1) amp
minimum charge for -48 Volt DC Power Usage.
CLEC rates for Collocation must be included in the CLEC existing Interconnection
Agreement with Qwest prior to executing this Amendment.
October 26, 2004/lhd/XO/Amd-DC Power/ID
Amendment to CDS-O20124-0083
Template version: DC Power Amendment 5-27-
Page 3