20080108VOIP amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
Maura E. PetersonParalegal .
Regulatory Law
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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 m tter.
mep
Enclosure
cc: Service list
... '"
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr(iqwest.com
JM'l-8 Pr' 2: Ob
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
portiones) thereof) discriminates against a telecommunications carrier not a pary 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 ofIdaho, the Commission, the United States Congress, and the Federal
Communcations 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.
VOIP
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interconnect with Qwest facilities and to provide customers with increased choices among local
telecommuncations services.
Qwest further requests that the Commission 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 party to the negotiations.
Expeditious approval would fuher the public interest.
Respectfully submitted thiscr\- day of January, 2008.
~e'.
Adam L. She
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
XO Communications Services, Inc.
VOIP
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CERTIFICATE OF SERVICE
I hereby certify that on this itf 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 jewell(ßuc.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
-L U.S.Mail
Overnight Delivery
Facsimile
Rex Knowles
111 E. Broadway
Suite 1000
Salt Lake City, UT 84111
Maura Peterson
Paralegal, Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
XO Communications Services, Inc.
VOIP
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Voice over Internet Protocol (VoIP) Amendment
to the Interconnection Agreement between
Qwest Corporation and
XO Communications Services, Inc.
for the State of Idaho
This is an Amendment ("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 be known jointly as the Parties
("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 Utilties 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 and conditions for Voice over Internet
Protocol ("VoIP") as set forth in Attachment 1 to this Amendment, attached hereto and
incorporated herein by this reference.
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. 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 Qwest. 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) biling 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 Qwest implements the
billing changes and the true-up as set forth above, the CLEC's bills shall be deemed accurate
and adjusted without error.
Term
This Amendment shall remain in effect until such time as the Parties enter into a new
interconnection agreement, or the FCC, or state renders a decision on the treatment of VolP
traffc, that requires the Agreement be amended on a prospective basis, pursuant to the change
December5,2007/lhdlXO/AmendNolPIID
Amendment to: CDS-020124-0083
VolP Template 4-19-06
Page 1
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of law terms of the Agreement, if necessary. Provided, however, that if the Parties enter into, or
file for arbitration of, a new interconnection agreement prior to May 30, 2008 (the "Successor
Agreement"), the Parties agree that the provisions of this Amendment wil be incorporated into
the terms of the Successor Agreement and the terms shall state that they shall remain in effect
until such time as the Parties enter into a new interconnection agreement, or the FCC,
Commission or other body of competent jurisdiction renders a decision on the treatment of VolP
traffic, that requires this Successor Agreement be amended on a prospective basis, pursuant to
the change of law terms of the Successor Agreement, if necessary. The Parties recognize that
Qwest is negotiating or may negotiate interconnection agreement provisions governing the
treatment of VolP with other carriers, and the Parties agree that nothing in this Amendment or a
Successor Agreement precludes or otherwise limits CLEC's right to request, or the Parties'
ability to agree to, the VolP terms in any such interconnection agreement or amendment to
supercede the terms of this Agreement or a Successor Agreement.
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, wil 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.
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Signature
Qwes Corpration ~~T~Z
Signature
L. T. Christensen
Name PrintedfTyped
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Director - Interconnection AgreementsTIlle I ¿/7g7
Date I1
Title
Date
December 5, 2007/1hdIXO/AmendNoIPIID
Amendment to: CDS-020124-0083
VolP Template 4-19-06
Page 2
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ATTACHMENT 1
ATTACHMENT 1
Qwests Voice over Internet Protocol (VoIP)
Section 1.0 - Definitions
1.1 "Interconnection" is as described in the Act and refers to the connection between
networks for the purpose of transmission and routing of telephone Exchange Service
traffic, Exchange Access, ISP-Bound traffic, VolP traffc (as defined below), and Jointly
Provided Switched Access traffic. To the extent the Parties have previously been
exchanging enhanced or information service traffic (e.g., traffic terminating to voice
mail); nothing in this Amendment shall be construed to limit the ongoing exchange of
such traffic.
1.2 "VoIP" (Voice over Internet Protocol) traffic is traffic that: A) originates in Internet
Protocol at the end user customer premises using IP-Telephone handsets, end-user
customer premises Internet Protocol (IP) adapters, CPE-based Internet Protocol
Telephone (IPT) Management "plug and play" hardware, IPT application management
and monitoring hardware or such similar equipment (collectively "VoIP Equipment") and
is transmitted over a broadband connection to the VolP Provider. The Parties agree that
VolP will be treated as an Information Service and is subject to interconnection and
compensation rules and treatment pursuant to the Agreement (including this
Amendment) based on the supposition that the VolP Provider Point of Presence ("POP")
is an end user premises. The VolP Provider POP is an end user premises for calls
coming from and going to the VolP Provider POP.
1.3 A "VoIP Provider "POP" is any portion of. CLEC's network or network facilities
that is dedicated to the transmission and routing of VolP traffic to or from Qwests
network, including but not limited to a multiplexer port or DSX panel jack.
Section 2.0 Interconnection Facility Options
2.1 CLEC is permitted to utilize Local Interconnection Service ("LIS") trunks to
terminate VolP traffic under this Amendment only pursuant to the same rules that
apply to traffic from all other end users and pursuant to the requirement that the
VolP Provider POP must be in the same local calling area as the called party.
CLEC may not use LIS trunks solely to exchange VolP traffic. When Qwest has
reasonable cause (i.e. traffic terminating to Qwest does not fall within the
definition set forth in Section 1.2) and provides reasonable notice to CLEC,
CLEC agrees to first work cooperatively with Qwest to conduct a review of all
traffic that CLEC classifies as VolP traffic and of any other provider that CLEC
used to originate, route and transport VolP traffic that is delivered to Qwest, as
well as to make available any supporting documentation and records in order to
ensure that CLEC does not exchange Switched Access traffic with Qwest
inappropriately termed as VolP traffic. If the Parties are unable to resolve any
issues regarding the traffic through this cooperative process, Qwest may, upon
written notice, request an operational verification audit, and CLEC agrees to
allow Qwest to conduct operational verification audits of CLEC's network
December 5, 2007/1hdIXO/AmendNoIP/ID
Amendment to: CDS-020124-0083
VolP Template4-19-06
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..ATTACHMENT 1
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architecture and to work cooperatively with Qwest to conduct an operational
verification audit of any other provider that CLEC used to originate, route and
transport VolP traffic that is delivered to Qwest, as well as to make available any
supporting documentation and records in order to ensure CLEC's compliance
with this definition. Operational verification audits shall be requested no more
than one (1) time in any 12-month period, unless a previous "operational
verification audit failure" has occurred, and each Party shall bear its own
expenses of such operation verification audits. Qwest shall have the right to
redefine the traffic that fails such operational verification audit as Switched
Access in the event of an "operational verification audit failure". An "operational
verification audit failure" is defined as: (a) Qwests inability to conduct a post-
provisioning operational verification audit due to insufficient cooperation by CLEe
or CLEC's other providers, or (b) a reasonable determination by Qwest in a post-
provisioning operational verification audit that the CLEC or CLEC's end-user
customers are not originating calls in a manner consistent with this definition. All
information exchanged between the Parties will be considered Proprietary
Information pursuant to the Agreement. CLEC reserves the right to require any
non-employee who is directly or indirectly involved in any such audit to execute a
nondisclosure agreement reasonably satisfactory to CLEC.
2.2 Prior to using LIS trunks to terminate VolP traffic, CLEC certifies that the (a)
types of equipment VolP end-users will use are consistent with the origination of
VolP calls as defined in Section 1 of this Amendment, and (b) types of
configurations that VolP end-users will use to originate calls using IP technology
are consistent with the configuration as defined in Section 10f this Amendment.
2.3 Exchange Service (EAS/Local), ISP-Bound Traffic, VolP traffc, Exchange
Access (IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly
Provided Switched Access (InterLATA and IntraLATA Toll involving a third party
IXC) may be combined in a single LIS trunk group or transmitted on separate LIS
trunk groups.
3.0 Intercarrier Compensation for VolP Traffc
3.1 Qwest will bil CLECat a rate of $0.0007 per MOU for transport and termination of VolP
traffic.
4.0 Identification of VolP Traffic -- CLEC agrees to complete the incorporation of the
necessary coding changes into the call stream records by inserting a unique JIP (LRN)
associated with the location of each VolP Provider POP in the terminating record call
data.
December 5, 2007/1hdIXO/AmendNoIP/ID
Amendment to: CDS-020124-0083
VolP Template 4-19-06
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