HomeMy WebLinkAbout20051018Amendment I.pdfMary 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
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN 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") hereby files 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"). The Amendment with XO
Communications Services, Inc. fka XO Idaho Inc. ("XO") 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.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests 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
AFPLICA TION FOR AFPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
XO Communications Services, Inc. fka XO Idaho Inc.
CLEC Consolidation - Interim Period Agreement
Boise-188639.10029164-00016
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.
Qwest further requests 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 ih day of October, 2005.
Qwest Corporation
ooson
Stoel Rives LLP, Attorneys for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
XO Communications Services, Inc. fka XO Idaho Inc.
CLEC Consolidation - Interim Period Agreement
Boise-188639.l 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 17th day of October, 2005, 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
i i ewell(fYpuc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Rex Knowles
XO Communications
111 East Broadway - Suite 1000
Salt Lake City, UT 84111
Telephone: (801) 983-1504
rex.knowles~xo.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Gegi Leeger
XO Communications
11111 Sunset Hills Road
Reston, VA 20190
Telephone: (703) 547-2109
/f? 41rw;Brandi L. McMahon, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
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APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
XO Communications Services, Inc. fka XO Idaho Inc.
CLEC Consolidation - Interim Period Agreement
Boise-188639.l 0029164-00016
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-12
Qwest.
Spirit of Service
April 5. 2005
XO Communications Services, Inc.
11111 Sunset Hills Road
Reston, VA 20190
Re: CLEC Consolidation - Interim Period Agreement
Dear: Gegi Leeger
As you know, Qwest and XO Communications Services, Inc. ("Surviving Entity ) and the former XO
and Allegiance companies identified on Attachment A ("Merging Entities ) (Surviving Entity and
jylerging Entities are refen-ed collectively hereafter as "CLEC") have been working tOgether to address
certain contract, code and systems issues raised by CLEC's reorganization and/or consolidation
activities. Since all system and ordering issues have yet to be resolved, Qwest and CLEC agree the
following interim process and procedw-es to ensure minimal disruption in operations, including existing
contracting, ordering, provisioning and billing operations, until such time as a fmal resolution can be
reached ("Interim Period"
\Vithin fifteen (15) days after the da~e of this letter, CLEC 'iVill provide a matrix listing
each legal entity involved in its reorganization/consolidation project and the following
infonnation: (1) the date when each Merging Entity will be, or has been, merged or
consolidated with the Surviving Entity, (2) documentation from the Secretary of State
and/or State public service conunission (PUC) office for each state in which it is doing
business showing merger or consolidation notice and/or approval, (3) the date the
tvlerging Entity will be, or has ~een, legally dissolved and/or 'iVithdrawn it's CLEC
certification, (4) documentation from the Secretary of State and/or PUC office showing
Merging Entity dissolution and/or CLEC withdrawal, (5) documentation from the
Secretary of State and/or PUC office showing any legal entity name changes, (6) a list of
the each of each Merging Entity and Surviving Entity and the historic codes respectively
applicable to the same, and (7) documentation from Telcordia or other applicable entity
showing official assignment of codes from each NIerging Entity to the Surviving Entity.
Qwest acknowledges that as of the date of this letter, CLEC has provided documentation
sufficient to satisfy the requirements set forth in this paragraph 1.
CLEC agrees that one intercOtmection agreement per state as identified on Exhibit B
Surviving Interconection Agreements will apply to the Surviving Entity and all Merging
Entities as of the date of this Agreement. CLEC also agrees that it will work cooperatively
with Qwest to terminate all other interconnection agreements. previously used by the
NIerging and/or Surviving Entities as identified on Exhibit B as Tenninated
Interconnection Agreements.
CLEC and Qwest agree that any required. amendments shall be made to the single
interconnection agreement per state referenced in paragraph 2 above and shall be effective
and applicable to the Surviving Entity and all Merging Entities upon execution by Qwestand surviving entity.
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NotWithstanding 2 and 3 above, based on existing processes and system designs, Qwestami CLEC agree to process and bill CLEC's orders in the following manner during theInterim Period. .
A. Except for a name change, CLEC shall continue to separately place all orders for
assetS formerly owned by each Merging Entity in the same manner as prior to CLEC'
consolidation or reorganization. For example, Surviving Entity shall place orders rebting
to assetS (e,g, circuits and collocations) formerly owned by XO Arizona, Inc. under the
nam~ XO Communications S~rvic~s, Inc, ti'kJa XO Arizona, Inc. but shall utilize the codes
formerly assigned to XO Arizona, Inc. CLEC agrees that all orders related to former XO
entity assetS shall continue to utilize the TQ\V ACNA and all orders related to former
-\llegiance entity assetS shall utilize the AFY ACNA. CLEC further agrees that it shall be
solely responsible to ensure that the correct codes as stated above are utilized when
placing orders for assets formerly o\vned by the Nlerging Entities and tor any delays or
errors caused by ClEC's failure to comply with this process
B. Qwest shall continue processing CLEC's orders using the separate Nlerging Entiry
codes as cescrib~d in A above and continue to issue separate bills to each Merging Entity
address in the same manner as prior to CLEC' 5 consolidation or reorganization. CLEC
agrees that the Surviving Entity is the only legal entity for purposes of contractUal, billing
and all other matters in connection with the services being ordered, provided and billed
regardless of the Merging Entity codes being utilized.
The procedures set forth in A and B above are applicable to orders relating to. existing
assets only, CLEC agrees that for new orders, i.e. orders not related to assets fonnerly
owned by Merging Entity assets, CLEC shall use the ACNAs AFY or TQ\V and related
BAi."fS, representing the location and equipment where the service is being provisioned.
When placing orders to establish a new collocation site, CLEC shall use one of the above
ACNAs for that site and for all subsequent service and circuit orders related to such site.
D, To the extent that CLEC requires a bi1ling address change, CLEC shall submit an
updated questioIUlaire consistent with Qwest s existing policies and procedures.
F or purposes of any perfonnance measures, reporting or penalties, including but not
limited to PIDIP AP, Qwest and CLEC agree that Qwest may, at its option, treat all entities
that CLEC identifies in 1 above as a single company during the Interim Period.
This Interim Agreement shall become effective upon execution by both parties and remain
in effect until tenninated by either party upon 30 day s prior written notice or until such
time as a regulatory or other authoritative body with competent jurisdiction orders
otheI'\vise.
This Interim Agreement is intended to operate in place of any existing provisions of
ClEC's interconnection agreement with Qwest only to the extent necessary to facilitateutilization of codes fonnerly assigned to the ~lerging Entities during the Interim Period.
All other terms of the interconnection agreement shall remain in full force and effect
dwing and after the tenn of this Interim Agreement.
This Interim Agreement may be subject to approval by the applicable state public servicecommissions ("Commission ), and either party or both parties may submit this Interim
Agreement to the applicable Commission for approval. Notwithstanding, the Parties shall
operate under this Interim Agreement immediately upon execution, without waiting for
Corrunission approval.
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CLEC and Qwest shall continue to work cooperatively in good faith to reach expeditious
resolution on the pending CLEC consolidation request to the extent consistent with applica5ie
laws , rules, regulations , contractual obligations and industry guidelines and practices. Eitherparty may petition the appropriate Commission or any other authoritative body with competent
jurisdiction to resolve the request and each party is free to advocate any netWork, systems
financial or other argument to support its position, but neither party shall use the contents of this
Interim Agreement as evidence to detennine the appropriate final arrangements between thep:lrties. By entering into this Im:erim Agreement, Ql,vest does not \vaive and specifically reserves
its rights to require CLEC to undergo a Transfer of Responsibility process and seek appropriatecompensation therefore to the extent CLEC requests a consolidation of all of its assets under a
single code.
The parties intending to be legally bound have executed this Interim Agreement as of the dates set
forth below, in multiple counterparts, each of which is deemed an original , but- all of \vhich shall
constitute one and the same instrument.
Qwest Corporation
tt-By: fl-
Date; --.J ,i
()
XO Communications Services, Inc.
BY:
Date:H(ri I ~2(;(;~
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Qwest
Spirit of Service
April 5 2005
Exhibit A
NIerging Entities (fonner XO Conununications and Allegiance Telecom Entities)
XO Arizona, Inc,
XO Idaho, Inc.
XO Network Services, Inc (Iowa)
XO Minnesota LLC
XO Network Services, Inc (Montana)
XO Network Services, Inc (Nebraska)
XO New Mexico, Inc.
XO Network Services, Inc (North Dakota)
XO Oregon, Inc.
XO Network Services, Inc (South Dakota)
XO Utah , Inc.
XO Washington, Inc,
XO Network Services, Inc (Wyoming)
Allegiance Telecom of Arizona, Inc.
Allegiance Telecom of Minnesota~ Inc,
Allegiance Telecom of Oregon, Inc.
Allegiance Telecom of Washington, Inc,
SurvivinQ Entity
XO Communications Services, Inc.
/"'
I The parties agree to me an amendment changing the name to XO Communications Services, Inc.
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Qwest: r:z.
Spirit of Service
April 5,2005
Exhibit B
State Surviving Intercormection Agreement
Arizona
Idaho
Iowa
Minnesota
Montana
Nebraska
New Mexico
North Dakota
Oregon
South Dakota
Utah
Washington
Wyoming
XO Arizona. Inc,
XO Idaho, Inc,
XO Network SeNices, Inc
XO Minnesota LLC
XO Network SeNices. Inc
XO Network Services . Inc
XO New Mexico, Inc.
XO Network Services. Inc
XO Oregon, Inc.
XO Network SeNices, Inc
XO Utah, Inc.
XO Washington, Inc.
XO Network Services, Inc
State Terminated Interconnection AQreement
" '' ....
Arizona
Minnesota
Oregon
. Washington
Allegiance Telecom of Arizona, Inc.
Allegiance Telecom of Minnesota, Inc.
Allegiance Telecom of Oregon, Inc.
Allegiance Telecom of Washington . Inc.
1 The parties agree to file an amendment changing the name to XO Communications Services
mc,
......