20040324Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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J. Travis Galt
Excel Telecommunications, Inc.
1600 Viceroy Drive
Dallas, TX 75235
Telephone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORA nON AND EXCEL
TELECOMMUNICA nONS FOR APPROV
OF A WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 u.S.
~252(E)
CASE NO.: QWE-O2-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Excel Telecommunications, Inc. ("Excel") hereby
jointly file this Application for Approval of Amendment to the Interconnection Agreement
Amendment"), which was approved by the Idaho Public Utilities Commission on August 22
2002 (the "Agreement"). A copy ofthe Amendment 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.
Excel and Qwest respectfully submit this Amendment provides no basis for either
these findings, and, therefore jointly request that the Commission approve this Amendment
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-169035.10029164-00016
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
Excel to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Excel and Qwest further request 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 22nd day of March, 2004.
Qwest Corporation
df~s
Stoel Rives LLP, Attorneys for Qwest
and
J. Travis Galt
Excel Telecommunications, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-169035.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 22nd day of March, 2004, 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
Boise, Idaho 83720-0074
i i ewell((Apuc. state.id. us
--L Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
J. Travis Galt
Excel Telecommunications, Inc.
1600 Viceroy Drive
Dallas, TX 75235
Telephone: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
6d4t/J/Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-l 69035.1 0029164-00016
Qwest DSL TM (with discount) provided with UNE-P Amendment
to the Interconnection Agreement between
Qwest Corporation and
Excel Telecommunications, Inc.
for the State of Idaho
This is an Amendment ("Amendmenf') to the Interconnection Agreement, for Qwest DSLTM (with
discount) provided with UNE-P, between Qwest Corporation ("Qwesf') (fka US WEST
Communications, Inc.), a Colorado corporation, and Excel Telecommunications, Inc. ("CLEC"
CLEC and Qwest 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 ("Commission ) on
August 22,2002, as referenced in Case No. QWE-02-12, Order No. 29098
, ("
Agreemenf'
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 Qwest DSL
(with discount) provided with UNE.P as set forth in Attachment 1 and Exhibit A, 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 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 Qwest. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
Term
The discount provided under this Amendment shall terminate on December 31,2005.
March 3, 2004/lhd/Excel/Amd - QDSL w/UNE-
Amendment to CDS-020528-0012
Template version: Q DSL w/disc prov UNE-P Amend 02-05-04 v2 new sunset
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.
Chanae of Law
A. The provisions in this Amendment are intended to be in compliance with and based on
the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state rules, regulations, and laws, as of April 1 , 2003 (the Existing Rules). Nothing in
this Amendment shall be deemed an admission by Qwest or CLEC concerning the interpretation
or effect of the Existing Rules or an admission by Qwest or CLEC that the Existing Rules should
not be changed, vacated, dismissed, stayed or modified. Nothing in this Amendment shall
preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper
interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be
changed, vacated, dismissed, stayed or modified. To the extent that the Existing Rules are
vacated, dismissed, stayed or materially changed or modified, then this Amendment shall be
amended to reflect such legally binding modification or change of the Existing Rules. Where the
Parties fail to agree upon such an amendment within sixty (60) Days after notification from a
Party seeking amendment due to a modification or change of the Existing Rules or if any time
during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for
a continuous period of fifteen (15) Days, it shall be resolved in accordance with the Dispute
Resolution provision of the Agreement. It is expressly understood that this Amendment will be
corrected, or if requested by CLEC, amended as set forth herein, to reflect the outcome of
generic proceedings by the Commission for pricing, service standards, or other matters covered
by this Amendment. Any amendment shall be deemed effective on the effective date of the
legally binding change or modification of the Existing Rules for rates, and to the extent
practicable for other terms and conditions, unless otherwise ordered. During the pendancy of
any negotiation for an amendment pursuant to this Section the Parties shall continue to perform
their obligations in accordance with the terms and conditions of this Amendment, for up to sixty
(60) Days. If the Parties fail to agree on an amendment during the sixty (60) Day negotiation
period, the Parties agree that the first matter to be resolved during Dispute Resolution will be
the implementation of an interim operating agreement between the Parties regarding the
disputed issues, to be effective during the pendancy of Dispute Resolution. The Parties agree
that the interim operating agreement shall be determined and implemented within the first fifteen
(15) Days of Dispute Resolution and the Parties will continue to perform their obligations in
accordance with the terms and conditions of this Amendment, until the interim operating
agreement is implemented. For purposes of this section
, "
legally binding" means that the legal
ruling has not been stayed , no request for a stay is pending, and any deadline for requesting a
stay designated by statute or regulation , has passed.
B. In addition, but without limiting Section A above, nothing in this Amendment shall be
deemed an admission by Qwest or CLEC concerning the interpretation or effect of the FCC'
decision and rules adopted in In the Matter of Review of the Section 251 Unbundling Obligations
of Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions of
March 3, 2004/lhd/Excel/Amd - QDSL w/UNE-
Amendment to CDS-020528-0012
Template version: Q DSL w/disc prov UNE-P Amend 02-05-04 v2 new sunset
the Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capability, CC Docket Nos. 01-338 96-98 and 98-147 Report and Order
on Remand, FCC 03-36, nor rules, regulations and interpretations thereof, including but not
limited to state rules, regulations, and laws as they may be issued or promulgated regarding the
same ("Decision(s)"). Nothing in this Amendment shall preclude or estop Qwest or CLEC from
taking any position in any forum concerning the proper interpretation or effect of the Decision or
concerning whether the Decision should be changed, vacated, dismissed, stayed or modified.
Entire Aareement
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.
Excel Telecommunications, Inc.
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Signature
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Name Printedffyped
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ID,
Title
3/1' JOY
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Signature
L. T. Christensen
Name Printedffyped
Date
Director - Interconnection Aareements
Title
h7 joy
Date
March 3, 2004/lhd/Excel/Amd - QDSL w/UNE-
Amendment to CDS-020528-0012
Template version: Q DSL w/disc prov UNE-P Amend 02-05-04 v2 new sunset
ATTACHMENT 1
ATTACHMENT 1
CLEC may order new or retain existing Qwest DSL TM service on behalf of End User Customers
when utilizing UNE-POTS, UNE-Centrex, and UNE-PBX (analofl; non-DID trunks only)
combinations, where Technically Feasible. The price for Qwest DSL provided with UNE-
combinations is included in Exhibit A to this Agreement. Qwest DSL TM service provided to
Internet service providers and not provided directly to Qwest or CLEC's End User Customers is
not available with UNE-P combinations. Retail promotions may not be combined with this
offering. Non-recurring charges associated with Qwest DSL TM are not subject to discount. In
the event that CLEC migrates the voice service to Unbundled Loop, Qwest DSL TM service will
be disconnected.
March 3, 2004/lhd/Excel/Amd - QDSL w/UNE-
Amendment to CDS-O20528-0012
Template version: Q DSL w/disc prov UNE-P Amend 02-05-04 v2 new sunset
ATTACHMENT 1
Exhibit A
Recurring Non-Recurrina
Owest Miscellaneous Services Available With UNE-
Discounted Owest DSL'M provided with See Applicable See Applicable
UNE-Owest retail Tariff Owest retail Tariff
catalog or price list catalog or price
- less the list.
applicable
Wholesale ACS
discount as
reflected in the
underlying
Interconnection
Agreement.
March 3, 2004/lhd/Excel/Amd - QDSL w/UNE-
Amendment to CDS-020528-0012
Template version: Q DSL w/disc prov UNE-P Amend 02-05-04 v2 new sunset