20060505Amendment.pdf

Owest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
Qwest~
Spirit of Service
Maura E. Peterson
Paralegal
Regulatory Law
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Via Overnight delivery
May 4, 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 i you have any questions concerning the enclosed. Thank you for your
assistance in thi m tter.
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.sherr~qwest.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 XQ
Communications Services, Inc. ("XQ") 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
portion( s) 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 XQ to
APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
XO COMMUNICATIONS SERVICES, INC.
OUT OF HOURS PROJECT COORDINATED INSTALLATIONS 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 4th day of May, 2006.
Qwest Corporation
Adam L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
XO COMMUNICATIONS SERVICES, INC.
OUT OF HOURS PROJECT COORDINATED INST ALLA TIONS 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~
Hand Delivery
---.2L u. S. Mail
Overnight Delivery
Facsimile
~maill
Maura Peterson
Paralegal, Qwest Corporation
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
XO COMMUNICATIONS SERVICES, INc.
OUT OF HOURS PROJECT COORDINATED INSTALLATIONS AMENDMENT
Out of Hours Project Coordinated Installations Amendment
to the Interconnection Agreement between
Qwest Corporation and
XO Communications Services, Inc. (f.a. XO Idaho, Inc.
for the State of Idaho
This is an Amendment ("Amendmenf') to the Interconnection Agreement between Owest
Corporation ("Owest"
) ,
Colorado corporation, and XO Communications Services, Inc.
(f.a. XO Idaho, Inc.
) ("
CLEC"
).
CLEC and Qwest shall be known jointly as the ("Parties
RECITALS
WHEREAS, CLEC and Qwest 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 Out of Hours
Project Coordinated Installations 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
Questionnaire. In addition to the Questionnaire, 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, 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 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.
April 6, 2006/1hd/XO/Amend/Out of Hours Project liD
Amendment to CDS-020124-0083
Language from: Negotiations Template dated 1-31-06 (Sections 9.23.6 & 9.23.
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 Agreement
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.
dTZ
SignatureSignature
!Jleat1ier!B. go'"
SVP-Government RelationsName Pri
~Bw.municatlonst Inc.
L. T. Christensen
Name PrintedfTyped
oCo
Director - Interconnection Aqreements
Title
11100
Date
Title
Date
April 6, 2006/1hd/XO/Amend/Out of Hours Project 110
Amendment to CDS-020124-0083
Language from: Negotiations Template dated 1-31-06 (Sections 9.23.6 & 9.23.
ATTACHMENT 1
OUT OF HOURS PROJECT COORDINATED INSTALLATIAONS
Section 1.Ordering
Out of Hours Project Coordinated Installations: CLEC may
request project coordinated installations outside of Owest's standard
installation hours. This permits CLEC to obtain a coordinated installation
for Enhanced Extended Loop (EEL) or Loop Mux Combination (LMC)
Loops where CLEC requests work to be performed outside of Owest'
standard installation hours. For purposes of this Section , Owest'
standard installation hours are 8:00 a.m. to 5:00 p.m. (local time), Monday
through Friday, excluding holidays. Installations commencing outside of
these hours are considered to be out of hours project coordinated
installations.
The date and time for the out of hours project
coordinated installation requires up-front planning and shall be
negotiated between Owest and CLEC. All requests will be
processed on a first come, first served basis and are subject to
Qwest's ability to meet a reasonable demand. Considerations
such as volumes , system down time, Switch upgrades, Switch
maintenance, and the possibility of other CLECs requesting the
same appointment times in the same Switch (Switch contention)
must be reviewed.
To request out of hours project coordinated
installations, CLEC will submit an LSR designating the desired
appointment time. CLEC must specify an out of hours project
coordinated Installation in the "remarks" section of the LSR.
Section 2.Rate Elements
Out of Hours Project Coordinated Installations. For
coordinated project installations scheduled to commence out of hours, or
rescheduled by CLEC to commence out of hours , in addition to standard
nonrecurring charges set forth in Exhibit A of the Agreement, CLEC will
incur additional nonrecurring charges for the out of hours coordinated
installation set forth under Miscellaneous Charges in Exhibit A to this
Amendment.
April 6, 2006/1hd/XO/Amend/Out of Hours Project 110
Amendment to CDS-020124-0083
Language from: Negotiations Template dated 1-31-06 (Sections 9.23.6 & 9.23.
Exhibit A
Idaho
Amendment Notes
Miscellaneous Chames
20,Additional Engineering, per Half Hour or fraction thereof
20.Additional Engineering - Basic $31.
20.Additional Engineering - Overtime $39,
20.Additional Labor Installation, per Half Hour or fraction thereof
20,Additional Labor Installation - Overtime $9,
20,Additional Labor Installation - Premium $18.
20,Additional Labor Other, per Half Hour or fraction thereof
20,Additional Labor Other - (Octional Testing) Basic $27.
20,Additional Labor Other - (Optional Testing) Overtime $36,
20.Additional Labor Other - (Octional Testing) Premium $46,
20.4 Testing and Maintenance, per Half Hour or fraction thereof
20.4,Testing and Maintenance - Basic $29.40
20.4,Testing and Maintenance - Overtime $38.
20.4,Testing and Maintenance - Premium $49,
20,Maintenance of Service, per Half Hour or fraction thereof
20,Maintenance of Service - Basic $28,
20,Maintenance of Service - Overtime $36,
20.Maintenance of Service - Premium $46,
20,Additional Cooperative Accectance Testing, per Half Hour or fraction thereof
20,Additional Cooperative Acceptance Testing - Basic $29.40
20.Additional Cooperative Accectance Testing - Overtime $39,
20,Additional Cooperative Accectance Testing - Premium $49,
20,Nonscheduled Cooperative Testing, per Half Hour or fraction thereof
20,Nonscheduled Cooperative Testing - Basic $29.40
20,Nonscheduled Cooperative Testing - Overtime $39,
20,Nonscheduled Cooperative Testing - Premium $49,
20,Nonscheduled Manual Testing, per Half Hour or fraction thereof
20,Nonscheduled Manual Testing - Basic $29,
20,Nonscheduled Manual Testing - Overtime $39,
20.8.3 Nonscheduled Manual Testing - Premium $49,
20,Intentionallv Left Blank
20,Intentionallv Left Blank
920,Additional Discatch $87.
20,Date Change $10,
20,Design Change $73.
20.Expedite Charge
20.14.Designed Services, per Dav $200,
20,Cancellation Charge ICB
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.
(2) Market-based rates.
(3) ICB, Individual Case Basis pricing,
Owest Idaho TRRO Template Exhibit A Seventh Revision
February 28, 2006 Page 1 of 1