20090617Amendment.pdf

Maura E. Peterson
Paralegal
Regulatory Law
RECEWEO
289 JUN l1 AM 9: 3'
o PUP,LIC
UT,tRt~s CO~rMISSlON
Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
Qwest~
Spirit of Service~
Via Overnight delivery
June 16,2009
Jean Jewell, Secretar
Idaho Public Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE- T -02-08
Application for Approval of Amendment to the Interconnection Agreement
Level 3 Communications, LLC
Dear Ms. Jewell:
Enclosed for filing with this Commssion 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 Commssion
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistace in ths rrirrn
Sincerely, i /j .//,( ,./ /-y
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr(g qwest.com
RECEIVED
28M JUN l 7 AM 9= 3'
IDAHO PUBLIC ,
UT1UT1ÈS COMMISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORA TION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE- T -02-8
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNCTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilties Commssion on May 22, 2002 (the "Agreement"). The Amendment with Level 3
Communications, LLC ("Level 3") 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 Commssion may reject an amendment
reached through voluntary negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer 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 Commssion 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 Commssion, the United States Congress, and the Federal
Communications Commssion. Expeditious approval of this Amendment wil enable Level 3 to
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 1
AMNDMENT FOR ORIGINATED 8XX JOINTLY PROVIDED SWITCHED ACCESS
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commssion approve this Amendment without a hearng.
Because this Amendment was reached through voluntar negotiations, it does not raise issues
requiring a hearng and does not concern other paries not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this .ßay of June, 2009.
-?tua~(~:
Adam L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNECTION AGREEMENT - Page 2
AMNDMENT FOR ORIGINATED 8XX JOINLY PROVIDED SWITCHED ACCESS
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CERTIFICATE OF SERVICE
I hereby certify that on this (lo~ay of June, 2009, 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 Utilities Commssion
4 72 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell (gpuc.state.id.us
Hand Delivery
U. S. Mail
-X Overnight Delivery
Facsimile
Email
Jame Moyer
Rick Thayer
Level 3 Communications LLC
1025 Eldorado Blvd.
Broomfield, CO 80021
Hand Delivery
-L U.S.Mail
Overnight Delivery
Facsimile
Email
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 3
AMNDMENT FOR ORIGINATED 8XX JOINTLY PROVIDED SWITCHED ACCESS
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Originated axx Jointly Provided Switched Access ("JPSA") Am~\)D
to the Interconnection Agreement between -
Qwest Corporation and Level 3 Communications iæY;JUN '7 AM 9~3for the State of Idaho . ,
IDAHO PUBl '('
This is an Amendment ("Amendment") for Originated axx JPSA trafficliJ'ti¡Iti~~ß~~~
Agreement between Owest Corporation ("Owest"), a Colorado corporation, and Lever'!' ~
Communications, LLC ("CLEC"), a Delaware Limited Liability Company. Owest andCLEC'shall
be known jointly as the "Parties".
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Idaho Public Utilities Commission ("Agreement"); and
WHEREAS, the Parties agree to amend the Agreement 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 to accommodate CLEC's
service as described below. Such additional terms and conditions are set forth in Attachment 1
to this Amendment, attached hereto and incorporated herein by this reference. The Sections
identified in Attachment 1 have been modified, replaced entirely or are new additions to the
Agreement. The Parties agree that an axx Third Party Carrier wants to route unqueried axx
traffic to CLEC for the axx database dip and to route the queried traffic to IXCs served by
Owest as Jointly Provided Switched Access (JPSA) traffc via CLEC's LIS trunks.
Upon receipt of notice from Owest outlined in Attachment 1 hereto, CLEC agrees to use
commercially reasonable efforts with regards to Owest and the Third Part Carrier establishing
an agreement to set up such axx Third Part Carriers as a Meet Point Billng carrier with Owest
thirty (30) days prior to the date such axx Third Party Carrier's Originated Toll Free Service
JPSA traffc begins transiting CLEC's network. For those axx Third Party Carrier's whose
Originated Toll Free Service JPSA traffic is already transiting CLEC's network as of the date of
this Agreement, the Parties acknowledge that CLEC has made such commercially reasonable
efforts, but CLEC shall nonetheless continue to cooperate with Owest to transition such carriers
over to any new process as provide in Attachment 1 hereto.
Effective Date
This Amendment is subject to approval by the Commission; however, the Parties agree to
implement the provisions of this Amendment upon execution. To accommodate such
implementation, CLEC must provide Owest with a list of CLLls associated with CLEC's switches
which wil be implementing this solution plus any additional information reasonably required by
Owest to make the internal system updates necessary to' implement this solution. Upon receipt
of notice from Owest as outlined in Attachment 1 hereto, if it hasn't already as of the date of this
agreement, CLEC will provide Owest with an initial list ofaXX Third Party Carrier switch CLLls
May 15, 2009/kcd/Level 3/0riginated axx JPSA Amd/ID
Amendment to: CDS-020301-0020
.and NPAlNXXs homed on such switches as such NPAlNXXs are derived from the LERG.
Consistent with the other requirements in the Agreement, upon receipt of notice from Qwest as
outlined in Attachment 1 hereto, CLEC wil notify Qwest of any additional CLEC's switches prior
to the exchange of such traffic, so that its internal systems may be updated.
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.
level 3 Communications, LLC
Sg~
j e.Name Printeype &,
SeriìDf,ÙìreJp('i UreVlneæo ('V"Ct5Title
,5-2.1-D9
Qwest Corporation
Signature
L. T. Christensen
Name PrintedlTyped
Date
Director- Wholesale ContractsTitle ~
?t~7Date
.
May 15, 2009/kcd/Level 3/0riginated 8XX JPSA Amd/ID
Amendment to: CDS-020301-D020
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.ATTACHMENT 1
Originated axx Jointly Provided Switched Access (JPSA)
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DEFINITIONS
"axx Third Party Carrier" means a wireless telecommunications provider whose
originating Toll Free Service traffic transits CLEC's network and routes the queried
traffic to IXCs served by Qwest as JPSA traffic via CLEC's LIS trunks.
"Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers
to an arrangement whereby two (2) or more LECs (including a LEC and WSP) receive
traffic in the same LATA that the call is to be terminated in or originated from, and
jointly provide Switched Access Service to an Interexchange Carrier, with each LEC
(or WSP) receiving an appropriate share of the revenues from the IXC as defined by
their effective switched Access Tariffs or other contractual arrangements.
"Multiple Exchange Carrier Access Biling" or "ME CAB" refers to the document
prepared by the Billing Committee of the Ordering and Billng Forum (OBF), which
functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance
for Telecommunications Industry Solutions (ATIS). The MECAB document, published
by ATIS (0401004-0009), contains the recommended guidelines for the billing of an
Access Service provided by two or more Telecommunications Carriers (including a
WSP, LEC and/or a CLEC), or by one LEC in two or more states within a single
LATA.
"Multiple Exchange Carrier Ordering and Design" or "ME COD" Guidelines for Access
Services - Industry Support Interface, refers to the document developed by the
Ordering/Provisioning Committee under the auspices of the Ordering and Billng
Forum (OBF), which functions under the auspices of the Carrier Liaison Committee
(CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The
MECOD document, published by ATIS (0404120-0006), contains recommended
guidelines for processing orders for Access Service which is to be provided by two or
more Telecommunications Carriers (including a WSP, LEC and/or a CLEC).
"Switched Access Service Traffc," is traffic that originates at one of the Party's End
User Customers and terminates at an IXC Point of Presence, or originates at an IXC
Point of Presence and terminates at one of the Part's End User Customers, whether
or not the traffc transits the other Party's network.
INTERCONNECTION
7.2.1.2.3 Jointly Provided Switched Access Traffic as defined in this Agreement.
Jointly Provided Switched Access traffic is associated with Meet-Point Billng. The
Parties wil use industry standards developed and routed based on the LERG to
handle the Provisioning and Biling of Jointly Provided Switched Access (MECAB,
MECOD, and the Parties' FCC and state access Tariffs). This type of traffic is
discussed separately in this Section.
7.5 Jointly Provided Switched Access Services
.7.5.1 Jointly Provided Switched Access Service is defined and governed by the
FCC and State Access Tariffs, Multiple Exchange Carrier Access Biling (MECAB)
and Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines and based
May 15, 2009/kcd/LeveI3/0riginated axx JPSA AmdllD
Amendment to: CDS-020301-0020
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on LERG routing, and is not modified by any provisions of this Agreement. Both
Parties agree to comply with such guidelines.
7.5.2 Intentionally Left Blank.
7.5.3 Intentionally Left Blank.
7.5.4 Intentionally Left Blank.
7.5.5 Both CLEC and Qwest agree to negotiate an amendment to the Agreement
to reflect any new industry standards that conflict with the terms and conditions
herein.
7.5.6 Qwest and CLEC understand and agree that for an interim period, until Qwest
reasonably determines that volumes of traffic originating from 8XX Third Party
Carriers through CLEC to Qwest necessitate the process described in Section 7.5.7,
CLEC wil send all applicable records as required in Section 7.5.8 and Qwest wil
utilze its interim internal processes to bil its tariffed access charges to the originating
interexchange carrier. Upon such a reasonable determination by Qwest as described
herein, Qwest and CLEC will implement the process described in Section 7.5.7 and
elsewhere in this Amendment.
7.5.7 Qwest wil set up 8XX Third Party Carriers based on Qwest FCC Access Tariff
NO.1, section 2.4.7.
7.5.7.1 Qwest will use a "proposed Biled Percentage (UBP")" in its billing
tables further outlined below. JPSA routes wil be established in Qwests
tables as follows:
7.5.7.1.1 For traffc that terminates to 8XX Third Part Carrier via the
Type 2 trunks with Qwest, Qwest wil implement the proposed BP at
100% and the route will show only Qwest and 8XX Third Party
Carrier. Qwest and CLEC understand and agree that CLEC does not
play a role in this traffic and is therefore not concurring in this
determination by Qwest.
7.5.7.1.2 For Toll Free Service traffic originated by 8XX Third Party
Carriers, sent to CLEC then to Qwest via the LIS facilities in place
between CLEC and Qwest, the proposed BP will equal the current BP
between Qwest and CLEC and the route wil show only two parties:
CLEC and Qwest. If it is determined later that these routes wil be filed
in NECA, this route would then include CLEC as an intermediate
carrier although the Qwest BP would be unchanged.
7.5.8 Exchange Message Interface (EMI) Category 11 JPSA records will be
provided to Qwest by CLEC for any 8XX Third Party Carriers JPSA traffc exchanged
from 8XX Third Party Carriers NPA NXXs to Qwest via CLEC LIS trunks for delivery
to IXCs to insure such traffic is treated appropriately in Qwests access biling
systems, unless otherwise negotiated by the Parties.
May 15, 2009/kcd/Level 3/0riginated axx JPSA Amd/ID
Amendment to: CDS-020301-0020
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7.5.9 Qwest wil provide a one-time notification to CLEC of the biling name, billing
address and Carrier identification codes of the IXCs subtending any Access Tandem
Switches to which CLEC directly connects.
7.5.10 Qwest agrees to function as the Access Service Coordinator (ASC) as
defined in the Multiple Exchange Carrier Ordering and Design (ME COD) Guidelines.
Qwest will provide the operational, technical and administrative support required in
the planning, Provisioning and maintenance involved in the joint access Provisioning
process to the IXCs. Qwest wil not fulfill the role of ASC if CLEC does not fully
comply with MECOD requirements, including filing CLEC's End Office Switches and
BPs in the NECA 4 Tariff.
7.5.11 Qwest and CLEC wil each prepare and render a separate bil to the IXC in
accordance with its own Tariff or contract for the portion of the service it provides.
The applicable Switched Access rates wil be biled by the Parties to the IXC based
on MECAB guidelines and each Party's respective FCC and state Access Tariffs or
other contractual arrangements.
May 15, 2009/kcd/LeveI3/0riginated axx JPSA Amd/ID
Amendment to: CDS-020301-0020