20060421Amendment.pdf

Maura E. Peterson
Paralegal
Regulatory Law
, '' '' . " . .
Qwest~
Spirit of Service
Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
' '
Via Overnight delivery
April 20, 2006
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-02-
Application for Approval of Amendment to the Interconnection Agreement
XO Communications Services, Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this a er.
Sincerely,
\J~
'Mra E. Peters
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherrC0qwest.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.e. ~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. ("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
Communications Commission. Expeditious approval of this Amendment will enable XO to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
XO COMMUNICATIONS SERVICES, INe.
LNP MANAGED CUT AMENDMENT
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 20th day of April, 2006.
Qwest Corporation
Adam L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
XO COMMUNICATIONS SERVICES, INe.
LNP MANAGED CUT AMENDMENT
CERTIFICATE OF SERVICE
I hereby certify that on this 20th day of April, 2006, 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~puc. state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Rex Knowles
XO Communications
111 East Broadway-Suite 1000
Salt Lake City, UT84111
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
~mai~
Gegi Leeger
XO Communications
11111 Sunset Hlls Road
Reston, VA 20190
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
~mai
Maura Peters
Paralegal, Qwe C
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
XO COMMUNICATIONS SERVICES, INC.
LNP MANAGED CUT AMENDMENT
LNP Managed Cut Amendment
to the Interconnection Agreement between
Owest Corporation and
XO Communications Services, Inc. (f.k.a. XO Idaho, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Owest
Corporation ("Owest"
) ,
Colorado corporation , and XO Communications Services , Inc.
(f.a. XO Idaho, Inc.
) ("
CLEC"
).
CLEC and Owest shall be known jointly as the ("Parties
RECIT ALS
WHEREAS , CLEC and Owest entered into an Interconnection Agreement ("Agreement") for
service in the state of Idaho which 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 LNP Managed Cut
as set forth in Attachment 1 and Exhibit A, to this Amendment, attached hereto and incorporated
herein by this reference.
Rates in Exhibit A shall 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
Ouestionnaire. In addition to the Ouestionnaire, all system updates will need to be completed
by Owest. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met. Additionally, Owest 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 Owest implements the
billing changes and the true-up as set forth above , the CLEC's bills shall be deemed accurate
and adjusted without error.
December 19, 2005/1hd/XO/Amend/LNP Managed Cut/ID
Amendment to CDS-020124-0083
Negotiations Template dated 12-13-, Version 1 ,
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 AQreement
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.
:Heatfier '.Be (jolil
Name print 13cPverm Ilelll Relatio
L;ommunications, Inc.
Signature
-------
L. T. Christensen
Name PrintedfTyped
Date
~/&/do
Director - Interconnection Aqreements
Title
/~
Date
Title
December 19, 2005/lhd/XO/Amend/LNP Managed Cut/ID
Amendment to CDS-020124-0083
Negotiations Template dated 12-13-, Version 1.
ATTACHMENT 1
LNP MANAGED CUT
10.5.4 LNP Managed Cut With CLEC-Provided Loop: A managed cut permits
CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7
basis.
10.5.4.The date and time for the managed cut requires up-front planning
and may need to be coordinated between Owest and CLEC. All requests will be
processed on a first come , first served basis and are subject to Owest's ability to
meet a reasonable demand. Considerations such as system downtime , Switch
upgrades , Switch maintenance, and the possibility of other CLECs requesting the
same FDT in the same End Office Switch (Switch contention) must be reviewed.
In the event that any of these situations would occur, Owest will coordinate with
CLEC for an agreed upon FDT , prior to issuing the Firm Order Confirmation
(FOC). In special cases where a FDT must be agreed upon , the interval to reach
agreement will not exceed two (2) days. In addition, standard intervals will apply.
10.5.4.CLEC shall request a managed cut by submitting a Local Service
Request (LSR) and designating this order as a managed cut in the remarks
section of the LSR form.
10.5.4.3 CLEC will incur additional charges for the managed cut dependent
upon the FDT. The rates are based upon whether the request is within Owest'
normal business hours or out of hours. Owest's normal business hours are 7:00
m. to 7:00 p., End User Customer local time, Monday through Friday. The
rate for managed cuts during normal business hours is the standard rate. The
rate for managed cuts out of hours, except for Sundays and Holidays , is the
overtime rate. Sundays and Holidays are at premium rate.
10.5.4.4 Charges for managed cuts shall be based upon actual hours
worked in one-half (V2) hour increments. Exhibit A of this Amendment contains
the rates for managed cuts. CLEC understands and agrees that in the event
CLEC does not make payment for managed cuts, unless disputed as permitted
under the Payment Section of the Agreement, Owest shall not accept any new
LSR requests for managed cuts.
10.5.4.Owest will schedule the appropriate number of employees prior to
the cut, normally not to exceed three (3) employees , based upon information
provided by CLEC. CLEC will also have appropriate personnel scheduled for the
negotiated FDT. If CLEC's information is modified during the cut, and , as a
result, non-scheduled employees are required , CLEC shall be charged a three
(3) hour minimum callout charge per each additional non-scheduled employee. If
the cut is either cancelled , or supplemented to change the Due Date, within
twenty-four (24) hours of the negotiated FDT , CLEC will be charged a one
person three (3) hour minimum charge. If the cut is cancelled due to a Owest
error or a new Due Date is requested by Owest within twenty-four (24) hours of
the negotiated FDT, Owest may be charged by CLEC one person three (3) hour
minimum charge as set forth in Exhibit A.
December 19, 2005/lhd/XO/Amend/LNP Managed Cut/ID
Amendment to CDS-020124-0083
Negotiations Template dated 12-13-, Version 1,
10.5.4.In the event that the LNP managed cut conversion is not
successful, CLEC and Owest agree to isolate and fix the problem in a timeframe
acceptable to CLEC or the End User Customer, If the problem cannot be
corrected within an acceptable timeframe to CLEC or the End User Customer
CLEC may request the restoral of Owest seNice for the ported End User
Customer. Such restoration shall begin immediately upon request. If CLEC is in
error then a supplemental order shall be provided to Owest. If Owest is in error
no supplemental order or additional order will be required of CLEC.
10.5.4.Owest shall ensure that any LNP order activity requested in
conjunction with a managed cut shall be implemented in a manner that avoids
interrupting seNice to the End User Customer, including, without limitation
ensuring that the End User Customer s Owest Loop will not be disconnected prior
to confirmation that CLEC's Loop has been successfully installed.
December 19, 2005/lhd/XO/Amend/LNP Managed Cut/ID
Amendment to CDS-020124-0083
Negotiations Template dated 12-13-, Version 1,
Exhibit A
Idaho
Select the appropriate type of contract below,
For cost docket changes, leave blank:
10.LNP Mana
10.
10.
10,
er Half Hour
er Half Hour
er Half Hour
$26,
$34,
$42.21
NOTES:
Unless otherwise indicated, all rates are pursuant to Idaho Public Utilities Commission Dockets:
B Cost Docket OWE-01-11 , Order No. 29408 (January 5, 2004) rates effective January 5, 2004.
Owest Idaho TRRO Template Exhibit A Fifth Revision
November 8 2005 Page 1 of 1