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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 ~ t. ~ECEtVED ~\ oc"t i 1 Pi1 5: 00 ,f \! ,\ \/5) c~6~ ~\3 \ i~ S ! 0 N . .'-' 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 . . 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 . . -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. '---"-'.-"-"-" ....- . Page 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. '-0....._.------ . ~ . Page 3 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(;(;~ --.---- . , 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. 'n_.~-.._._._- ... ' .~ . 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, ......