20080108Clarifying amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile [phone]
r~ 2¡ 04
1~\1~ j~~-8
Maura E. Peterson
Paralegal
Regulatory Law
ìCt-
ü1\\.\1 Qwest~
Spirit of Service'M
':t'
Via Overnight delivery
January 4, 2008
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-02-2
Application for Approval of Amendment to the Interconnection Agreement
XO Communications Services Inc.
Dear Ms. Jewell:
Enclosed for fiing 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 tter.
~inclJP'
VVVCí
MauraE. P
,(L
mep
Enclosure
cc: Service list
.f ..
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr(iqwest.com
ZUüS JAN -8 Plî 2: 04
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.c. §252(e)
CASE NO.: QWE-T-02-2
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 22, 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 voluntar negotiations only if the Commission finds that: the amendment (or
portion(s) thereof) discriminates against a telecommunications carier 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 ofthe State ofIdaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable XO to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
XO Communications Services, Inc.
Clarifying Relative Use Factor
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommuncations services.
Qwest fuher requests that the Comnission approve this Amendment without a hearing.
Because this Amendment was reached through voluntar negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this4tl.day of January, 2008.
( *or :
Adam L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
XO Communications Services, Inc.
Clarifying Relative Use Factor
CERTIFICATE OF SERVICE
I hereby certify that on this t.Ji day of January 2008, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j j ewellrfpuc. state.id. us
Hand Delivery
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Gegi Leeger
Director Regulatory Contracts
13865 Sunise Valley Drive
Herndon, VA 20171
Hand Delivery
X U. S. Mail
Overnight Delivery
Facsimile
Rex Knowles
111 E. Broadway
Suite 1000
Salt Lake City, UT 84111
.~
Maura Peterson
Paralegal, Qwest Corporation
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
XO Communications Services, Inc.
Clarifying Relative Use Factor
Amendment Clarifying the Relative Use Factor and
Other Terms Applicable to Facilty Billng under
The Interconnection Agreement between
Owest Corporation and
XO Communications Services, Inc.
for the State of Idaho
This is an Amendment to the Interconnection Agreement between Qwest Corporation ("Qwest"),
a Colorado corporation, and XO Communications Services, Inc. ("CLEC"), a Delaware
corporation. CLEC and Qwest shall individually be known as a "Party," and 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") February 28, 2002, as referenced in Order No. 28964; and; and
WHEREAS, the Parties in the Settlement Agreement clarified their respective understandings
as to the application of terms within the Interconnection Agreement regarding the relative use
factor and other terms applicable to facility billing going forward; and
WHEREAS, CLEC and Qwest have disputed terms and conditions regarding the payment to
CLEC by Qwest for Direct Trunk Transport ("OTT") and Entrance Facility ("EF") provided by
CLEC to Qwest under the Agreement and agree on the need to codify the terms under which
CLEC will bill Qwest for OTT and EF; 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 Interconnection Agreement is hereby amended for the provision of OTT and EF
interconnection facilities pursuant to the terms and conditions set forth in Attachment 1 and
Exhibits 1 and H, attached hereto and incorporated herein by this reference.
The Agreement is also hereby amended by adding interim terms, conditions and rates for the
provision of DTT and EF interconnection facilities by CLEC to Qwest as defined and set forth in
Attachment 2 and Exhibit 2, to this Amendment, attached hereto and incorporated herein by this
reference.
The Sections identified in Attachment 1, Attachment 2 and Exhibits 1, 2 and H, have been
modified, replaced entirely or are new additions to the Agreement.
December 5, 2007/1hd/XO/Amend/RUF/ID
Amendment to CDS-020124-0083
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties agree to implement the provisions of this Amendment upon execution.
Termination Date
This Amendment wil remain in full force and effect until the earlier of: execution by the Parties
of an interconnection agreement superseding the Agreement (the "Successor Agreement") or
December 6, 2009 ("Termination Date"). If the Agreement expires sooner than the Termination
Date, the Parties agree that the Amendment shall not extend or otherwise alter the term and
termination rights of the Agreement, but instead, the terms of the Amendment wil be
incorporated into the terms of the Successor Agreement through the Termination Date.
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.X~iO~:d~
Signature
Qw7~ ~
-- L~:¿L
Signature
--
l:er B. GoldName printedlT~.Extema' Affrs
L. T. Christensen
Name PrintedlTyped
/2-/? ~ /c ZDate
reements
Title
Date
December 5, 2007/1hd/XO/Amend/RUFIID
Amendment to CDS-020124-0083
2
ATTACHMENT 1
Provision and Billng of Interconnection Facilities
1. The Parties have established LIS two-way trunks, for reciprocal exchange of
traffc, as further identified in the Agreement. The Parties shall bill each other for
LIS trunks as set forth herein and in Attachment 2 as applicable. LIS trunks shall
include facilities constructed by CLEC or facilities leased by CLEC from third party
providers, including without limitation private line facilities leased by CLEC or by a
third party from Qwest. The LIS two-way Entrance Facility (EF) and Direct
Trunked Transport ("OTT") rate element charges shall be reduced as follows:
a. The provider of the LIS two-way Entrance Facility (EF) will share the cost of
the LIS two-way EF by assuming a relative use factor (RUF) as depicted in
Exhibit 1. The charge to the other Party for the use of the EF, as described in
Exhibit A of the Agreement, shall be reduced by this relative use factor.
Payments by the other Party will be according to this relative use factor for a
minimum of one (1) quarter. The relative use factor will continue for both bill
reduction and payments until the Parties agree to a new factor, based upon
actual minutes of use data for non-ISP-bound traffc to substantiate a change
in that factor. If a Party's End User Customers are assigned NPA-NXXs
associated with a rate center different from the rate center where the End
User Customers are physically located, traffic that does not originate and
terminate within the same Local Calling Area, regardless of the called and
calling NPA-NXXs involving those End User Customers, is referred to as
"VNXX traffic." The Commission has not yet determined the regulatory
treatment of VNXX traffic, and each Party reserves its rights to advocate its
position on, or otherwise pursue its interests with respect to, that issue before
the Commission, the FCC, and the courts. Once the Commission has issued
a final order making its determination, the Parties will amend this Amendment
to reflect that determination. For purposes of determining the relative use
factor, the terminating carrier is responsible for ISP-bound traffic. If either
Party demonstrates with traffic data that actual minutes of use during the
previous quarter justifies a new relative use factor, that Party wil send a notice
to the other Party. The new factor will be calculated based upon Exhibit H.
Once the Parties finalize a new factor, bill reductions and payments will apply
going forward from the date the original notice was sent.
b. The provider of the LIS two-way OTT facility will share the cost of the LIS two-
way OTT facility by assuming a relative use factor as depicted in Exhibit 1.
The charge to the other Party for the use of the OTT facility, as described in
Exhibit A of the Agreement, shall be reduced by this relative use factor.
Payments by the other Party will be according to this relative use factor for a
minimum of one (1) quarteL The relative use factor will continue for both bill
reduction and payments until the Parties agree to a new factor, based upon
actual minutes of use data for non-ISP bound traffic to substantiate a change
in that factor. If a Party's End User Customers are assigned NPA-NXXs
associated with a rate center other than the rate center where the End User
Customers are physically located, traffic that does not originate and terminate
within the same Local Calling Area, regardless of the called and calling NPA-
NXXs involving those End User Customers, is referred to as "VNXX traffc."
December 5, 2007/lhd/XO/Amend/RUFIID
Amendment to CDS-020124-0083
3
The Commission has not yet determined the regulatory treatment of VNXX
traffc, and each Party reserves its rights to advocate its position on, or
otherwise pursue its interests with respect to, that issue before the
Commission, the FCC, and the courts. Once the Commission has issued a
final order making its determination, the Parties will amend this Amendment to
reflect that determination. For purposes of determining the relative use factor,
the terminating carrier is responsible for ISP-bound traffc. If either Party
demonstrates with traffic data that actual minutes of use during the previous
quarter justifies a new relative use factor, that Party will send a notice to the
other Party. The new factor will be calculated based upon Exhibit H. Once
the Parties finalize a new factor, bill reductions and payments wil apply going
forward from the date the original notice was sent.
December 5, 2007/1hd/XO/Amend/RUF/lD
Amendment to CDS-020124-0083
4
ATTACHMENT 2
CLEC Provision and Biling of Interconnection Facilties to Qwest
1. The Parties have established LIS two-way trunks, for reciprocal exchange of
traffic, as further identified in the Agreement. CLEC wil bill Qwest LIS two-way
Entrance Facility ("EF") and Direct Trunked Transport ("OTT") rate element
charges as set forth in Exhibit A of the Agreement, reduced by the relative use
factor ("RUF") as described in the RUF Amendment, Attachment 1 and Exhibit 1.
2. For OTT and EF provided by CLEC to Qwest under the Agreement during the
time period set forth in subsection 3 below, CLEC will bill Qwest for use of the
OTT and EF at quantities according to the chart and process attached at Exhibit 2
to this Attachment 2, at the rates for the elements as listed in Exhibit A to the
Agreement (reduced by the RUF as depicted in Exhibit 1). All other terms and
conditions of the Agreement, including but not limited to those with respect to
billing, dispute and payment for invoices sent to Qwest by CLEC shall continue to
apply.
3. The following methodology will apply on a going forward basis, for a period of 2
years and can be extended at the end of the 2 year term, subject to the
concurrence of both Parties, under the month to month provisions of the
Agreement.
Billing Methodology:
a. To account for network diversity, for compensation purposes only CLEC and
Qwest agree that between each CLEC switch location and each associated
POi (the "Route Path"), trunk groups will traverse a minimum of two (2) DS3s.
Above the two (2) OS3 minimum per Route Path, additional DS3s per Route
Path will be added one DS3 at a time.
b. The Parties agree on a threshold number of OS 1 s that represent the point at
which it would be essentially the same financially to purchase two (2) DS3
facilities per Route Path as individual OS 1 circuits on that Route Path (the
"Initial Threshold"). For the Initial Threshold, the following rates and charges
apply: If the number of OS 1 s in service on an individual Route Path do not
meet the Initial Threshold, the DS1 rate will apply to each and every DS1
circuit in service on that Route Path. Once the Initial Threshold on an
I ndividual Route Path is met, OS 1 s ordered or in service at or below the Initial
Threshold on that Route Path will be billed at the standard DS1 rate as set
forth in Exhibit A of the Agreement and DS1 s ordered or in service above the
Initial Threshold but below the capacity of the two (2) DS3s on that Route Path
will not be billable. In other words, for DS1s in service that exceed the Initial
Threshold up to a maximum capacity of two DS3s, the rate for those OS 1 swill
be $0, provided, however, the standard OS 1 rate will continue to apply to
those number of DS1s in service below the Initial Threshold.
c. If the number of DS1 interconnection trunks per Route Path exceed the
capacity of two DS3s ("Initial DS3s") such that additional DS3s ("Incremental
DS3s") would be required, the Parties agree to set a "Subsequent Threshold".
December 5, 2007/lhd/XO/Amend/RUF/ID
Amendment to CDS-020124-0083
5
The "Subsequent Threshold" is defined as the point at which the number of
OS 1 s in service above the capacity of the Initial DS3s on a Route Path make it
financially the same as purchasing one (1) Incremental DS3. After the
quantity of DS1s would exceed the capacity of the Initial DS3s on a Route
Path, for any Incremental DS3s after that on the Route Path, each DS1 will be
billed at the DS1 rate seUorth in Exhibit A of the Agreement until the number
of DS1 s on an Incremental DS3 exceeds the Subsequent Threshold on the
Route Path. Each and every DS1 above the Subsequent Threshold on an
Incremental DS3 on the Route Path will be billed at a rate of zero ($0) until the
capacity of the Incremental DS3 is completely full or utilized, provided,
however, the standard DS1 rate will continue to apply to those number of
DS1s in service on the Incremental DS3 below the Subsequent Threshold.
The same methodology and Subsequent Threshold shall apply to any and all
subsequent DS3s capacity thresholds on an individual Route Path.
d. The Parties agree that the Initial Thresholds for two (2) DS3s is 15 DS1s, the
first 15 OS 1 s ordered on a Route Path will be billed at the OS 1 rate set forth in
Exhibit A of the Agreement. The 16st through the 56th OS 1 s will be billed at a
zero (0) rate. The Parties agree that the Subsequent Threshold for
Incremental DS3s is 10. Accordingly, when the 5ih DS1 on a Route Path is
ordered, an Incremental DS3 will have been established, and the 5ih through
the 66th OS 1 s will be billed at the OS 1 rate set forth in Exhibit A of the
Agreement. The 6ih through the 84th DS1 s on a Route Path will be at a zero
(0) rate and so on. The Parties agree to meet on a semi-annual basis toreview inventories and to adjust thresholds and billing for going forward
purposes.
December 5, 2007/lhd/XO/Amend/RUF/ID
Amendment to CDS-020124-0083
6
EXHIBIT 1
Qwest and CLEC Traffic Specific RUFs
Qwest and CLEC agree that the RUF percentages specifically identified below reflect the
actual traffic exchanged between the Parties over LIS trunks. The specific traffic
characteristics of this exchange of traffic are unique to the traffic patterns between each
other and the factors set forth below are not applicable, nor valid with any other party.
State TQW RUF QC (TQW) RUF AFY RUF QC (AFY) RUF
10 70%30%NA NA
December 5, 2007/lhd/XO/Amend/RUF/ID
Amendment to CDS-020124-0083
7
EXHIBIT 2
Oetermination of Facility Volumes for CLEC Billng of EF and OTT at OS1 Levels
Qwest and CLEC agree that the structure of the billing methodology in Attachment 2 and
payment matrix specifically identified below reflects the actual network configuration and
local traffic exchanged between the Parties. The specific network configuration and
traffic characteristics of this exchange of traffic are unique to the networks and traffic
patterns between each other and the factors set forth below are not applicable, nor valid
with any other party.
Table Summary of Billing Methodology:
Number 1-15 16-56 57-66 67-84 85-94 95-112 113-Above
of 122 122 -
DS1's pattern
in continues
Service
Rate DS1 Zero DS1 Zero DS1 Zero DS1 Above
CLEC rate rated rate rated rate rated rate 122 -
wil bill pattern
for continues
these
circuits
Example of Billing Methodolgy:
Assume CLEC has 60 DS1s that they are entitled to bill to Qwest. The bill will show 19
DS1 (1-15 plus 57,58,59,60) at the DS1 rates reflected in Exhibit A of the Agreement
and 41 DS1s (16-56) will be zero rated.
December 5, 2007/lhd/XO/Amend/RUF/ID
Amendment to CDS-020124-0083
8
.. "
EXHIBIT H
Calculation of the Relative Use Factor (RUF)
Minutes Routed over LIS Trunks that are Qwests responsibility (A):
. All EAS/Local 251 (b)(5) MOU that Qwest sends to CLEC
· All Exchange Access MOU that Qwest sends to CLEC
. All EAS/Local 251 (b)(5) traffic that transits Qwest network and is terminated to CLEC
. All EAS/Local 251 (b)(5) traffic that Qwest sends to CLEC for termination on another
Carrier's network, provided that the Parties have agreed to exchange this type of traffic
· AlllntraLATA transit MOU that Qwest sends to CLEC.
· All VolP traffic that Qwest sends to CLEC
. All VNXX MOU that CLEC sends to Qwest*
. All VNXX MOU that transits CLEC's network and is terminated to Qwest, provided that
the Parties have agreed to exchange this type of traffic *
. All ISP-bound and FX MOU that CLEC sends to Qwest
Minutes Routed over LIS Trunks that are CLEC's responsibiliy (B):
. All EAS/Local 251 (b)(5) MOU that CLEC sends to Qwest
· All Exchange Access MOU that CLEC sends to Qwest
. All EAS/Local 251 (b )(5) traffic that CLEC sends to Qwest for termination on another
Carrier's network
. AlllntraLATA transit MOU that CLEC sends to Qwest
. All Jointly Provided Switched Access (unless joint NECA 4 billing percentages have been
filed) that Qwest sends to CLEC and that CLEC sends to Qwest
. All VolP traffic that CLEC sends to Qwest
. AIIISP-bound and VNXX MOU that Qwest sends toCLEC*
. All VNXX MOU that transits Qwest network and is terminated to CLEC*
The mathematical equation for RUF is as follows:
Owest (A) I (A+B) Rounded to nearest whole percentage
CLEC (B) I (A+B) Rounded to nearest whole percentage
Data used for the calculation will be the average of the most recent three (3) months' usage
determined not to be an anomaly *
, The Commission has not yet determined the regulatory treatment of VNXX traffc, and each Party reserves its
rights to advocate its position on, or otherwise pursue its interests with respect to, that issue before the
Commission, the FCC, and the courts. Once the Commission has issued a final order making its determination,
the Parties will amènd this Amendment to reflect that determination.
December 5, 2007/lhd/XO/Amend/RUF/ID
Amendment to CDS-020124-0083
9