Loading...
HomeMy WebLinkAbout20020821Amendment McLeodUSA2.pdfRECEIVED [gMaryS.Hobson (ISB#2142)FILED OStoelRivesLLP 101 South Capitol Boulevard -Suite 1900 2E2 AUG 2 i FN 3'56 Boise,ID 83702 Telephone:(208)389-9000 UTILITIES COMMISSIONFacsimile:(208)389-9040 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT CASE NO.QWE-T-00-7 APPLICATION OF QWEST CORPORATION AND MCLEODUSA TELECOMMUNICATIONS SERVICES,INC.R VAITOlKARggggÊgiANINTERCONNECTION AGREEMENT FOR THE STATE OF IDAHO PURSUANT TO 47 U.S.C.§252(e) APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT Pursuant to Section 252(e)(l)of the Telecommunications Act of 1996,Qwest Corporation ("Qwest")hereby submits the enclosed negotiated agreement between Qwest Corporation and McLeodUSA Telecommunications Services,Inc.for filing with and approval by the Commission. By way of background,Qwest has previously submitted nearly one hundred agreements with CLECs in Idaho for approval by the Commission under Section 252(e)(l).In addition to the filed agreements,Qwest also has implemented other contractual arrangements with CLECs that it does not believe fall within the filing requirements of Section 252. Earlier this year questions were raised regarding Qwest's decisions in this area,most notably a complaint filed by the Minnesota Department of Commerce ("DOC")alleging,after a review of dozens of Qwest-CLEC contracts,that eleven should have been filed with the Minnesota PUC.Qwest promptly brought this matter to the Commission's attention in a letter from Idaho Vice President Jim Schmit dated March 12,2002,includingproviding copies of our answer to the DOC complaint,and copies of those of the eleven identified agreements that also APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT -Page 1 Boise-145497.1 0029164-00016 had applicability in Idaho.Qwest invited the Commission to review the agreements for itself. Qwest also filed a petition with the FCC requesting a declaratory ruling as to the scope of the Section 252(a)filing requirement in this area. Qwest has at all times operated in good faith in filing with the Commission the pertinent interconnection agreements and amendments,and is committed to full compliance with the Act. As a further demonstration of its good faith,after this issue arose Qwest modified its processes and standards for all new agreements with CLECs.Qwest advised the Commission of this policy by letter on May 9,2002.Under this policy,Qwest is broadly filing all contracts,agreements or letters of understanding between Qwest Corporation and CLECs that create obligations to meet the requirements of Section 251(b)or (c)on a going forward basis.Qwest believes that commitment goes well beyond the requirements of Section 252(a).For example,it reaches details of business-to-business carrier relations that Qwest does not think the Communications Act requires to be filed with state commissions for approval.However,Qwest is committed to follow this standard until the FCC issues a decision on the appropriate line drawing in this area. Unless requested by the Commission,Qwest has not been filing routine day-to-day paperwork, orders for specific services,or settlements of past disputes that do not otherwise meet the above definition. Older agreements provide a more complicated case.Qwest naturallyhas been concerned about its potential penalty liability with regard to second-guessing of its past filing decisions in an area where the standards have not been clearlydefmed.Nevertheless,Qwest is now taking a further step as a sign of its good faith.Specifically,Qwest has reviewed all of its currently effective agreements with CLECs in Idaho that were entered prior to adoption of the new policy. This group includes those agreements that relate to Section 251(b)or (c)services on an on-going basis that have not been terminated or superseded by agreement,commission order,or otherwise. Qwest has applied its broad new review standard to all such agreements and hereby~provides the attached agreement as coming within that standard. Qwest is petitioning the Commission to approve the attached agreement such that,to the extent any active provisions of such agreement relate to Section 251(b)or (c),they are formally available to other CLECs under Section 252(i).For the Commission's benefit,Qwest has marked,highlighted or bracketed those terms and provisions in the agreements Qwest believes relate to Section 251(b)or (c)services,have not been terminated or superseded by agreement, APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT-Page 2 Boise-145497.1 0029164-00016 commission order,or otherwise,and are thus subject to filing and approval under Section 252. Qwest is not asking the Commission to decide this agreement,or specific provisions therein,in fact are required to be filed under Section 252 as a matter of law.The Commission need simply approve those provisions relating to Section 251(b)or (c)services under its Section 252(e) procedures,and Qwest will make the going forward provisions related to Section 251(b)or (c) available under Section 251(i).Thus,the Commission does not at this time need to reach a legal inteipretation of Section 252(a),or decide when the 1996 Act makes a filing mandatory. As noted above,Qwest has not been and is not filing routine day-to-day paperwork, settlements of past disputes,stipulations or agreements executed in connection with federal bankruptcy proceedirigs,or orders for specific services.Included in this last category are contract forms for services provided in approved interconnection agreements,such as signaling, call-related databases,and operator or directory services.The parties may execute a form contract memorializing the provision of such services offered and described in the interconnection agreement.Upon the Commission's request,Qwest can provide examples of routine paperwork,order documents,or form contracts for its review. Qwest realizes that this voluntary decision to submit the attached agreements does not bind this Commission with respect to the question of Qwest's past compliance.However,Qwest submits that it has acted in good faith and that,as in Iowa,this Commission will conclude that penalties are not appropriate.In any event,Qwest's actions here remove any argument with respect to its compliance with Section 252 now and going forward. Qwest requests that this process will allow the Commission to move quickly in this area. Qwest requests that the Commission approve the agreements as soon as reasonably practicable. Qwest reserves its rights to demonstrate that this agreement need not have been filed in the event of an enforcement action.Meanwhile,however,Qwest will offer other CLECs any terms in effect for the benefit of the contracting CLEC pursuant to the polices and rules related to Section 251(i).Provisions that settle past carrier-specific disputes,that do not relate to Section 251,or that are no longer in effect are not subject to Section 251(i)and this offering. As a further sign of good faith,Qwest will also be posting the agreement on the website it uses to provide notice to CLECs and announcing the immediate availability to other CLECs in Idaho of the interconnection-related terms and conditions contained therein.This will facilitate APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT --Page 3 Boise-145497.1 0029164-00016 the ability of CLECs to request terms and conditions,subject to the Commission's decision approving the agreement. Given the confidentialityprovisions contained in the attached agreement and the fact that the CLEC involved may deem the information contained therein confidential,Qwest has redacted those terms,such as confidential settlement amounts relating to settlement of historical disputes between Qwest and the particular CLEC,confidential billingand bank account numbers and facility locations,which relate solely to the specific CLEC and do not relate to Section 251(b)or (c)services. Respectfully submitted this ay of August,2002. Qwest Corporation Stoel Ri LLP,Attorneys for Qwest .APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT -Page 4 Boise-145497.1 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this day of August,2002,I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Ms.Jean Jewell,Secretary X Hand Delivery Idaho Public Utilities Commission U.S.Mail 472 West Washington Street Overnight Delivery Boise,Idaho 83720-0074 Facsimile Lauraine Harding Hand Delivery Senior Manager,InterconnectNegotiation X U.S.Mail McLeodUSA Overnight Delivery 6400 C Street SW,Box 3177 Facsimile Cedar Rapids,IA 52406-3177 Brandi L.Ge'arha P Å  Legal Secretary to Mary S.Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT-Page 5 Boise-l45497.1 0029164-00016 owest EXHIBIT -1801 Calitamia Streat Suite 5200 r i dethe I t ==='2°2T.lephone:202-992.2787 a.FacsimBe:303-992-2789 QWOSt Wholesele Marketa October26,2000 . CO ENTIAL AGREEMENT VIA ELECTRONC MAU..ÀND FACRIMILE Blake Fisher McLeodUSA -6400 C Street SW Post OfEce Box 3177 Cedar Rapids,Iowa 525063177 Re:Escalation procedures and business solutions DearBlake: ITrade Secret Data Begins As a result of ongoing discussi betweenMcLeodUSA and Qwestin recent days,the parties haveaddressed trumerous proposalsintAided to better the pmtics'business relationship.In principle, 'the parties haveagreed to:(1)develop implementation plan by which the parties agree to implement their IzuerconnectionAgreements(2)agrange quarterly meetingsbetweenexecutivesof each company to address unresolvedand/or anticipamdánsinessissues;and (3)eistablish and follow escalation procedures designed to facilitate and e edite business-to-business disputesolutions. 1.IMPLEMENTATIONPROCESS By no later than November 15,000,the partiesagree to meet together (viatelephone,live conference or otherwise),and as necessary thereafter,to developan Implementation Process. The pmpose of the Implem on Process will be to establish processes and proceduresto better implementthe panies'IntercoxmeetionAgreements.Both parties agree to dediente the necessary time and resources to the developmentof the Implementation Proccas,and to &=Ho an ImplementationProcess by o laterthan December 15,2000. 1 QUARTERLY MEETINGS Beginningin 2001 and contimung throughihe end of 2003,the parties agree to attend and participate in quarterly executikpectings thepurposo of which wiU be to address,discuss and attempt to resolve unresolvedbusiness issues and dispattes,adjustments to the Purchase .Agreements,if any,the Impledientation Process,and any anticipatedbusiness issues.The meetings will be suended by executivesfrom both companies at the vice-president and/or above level.NONPUBLIC DÒCUMENT CONTAINS TRADE SECRET DATA 0110110 ammimissisi-- 3.ESCALATIONPROCEDURES The pades wish to establish a busiLess-to-business relationship and agree that they will resolveanyandallbusinessissuesand/or d sputes that arise betweenthem in accordance with the .escalation proceduresset forth here n.Theparties agree,subject to any subsequent writtenagreementbetweentheparties,to:1)utilize the fo110wingescalatíonprocess and time frames to resolve disputes (2)commit the ime,resources and good faith necessary to meaningfut-dispute resolution;(3)not proceed a higher level of dispute resolution until expiration of thetimeframeforthepriorlevelofdisputerésolution;and (4)completeall levels of disputeresolutionbeforesenresolutior'from the American ArbitrationAssociation or anyregulatoryorjudicialforum. Level Participagts Time ¶rame for.disànssions LEVEL 1 Vice Presidents 10 business days (Stacey StevArt/Judy Tinkham or successors) lLEVEL2SerdorVicePresidents 10 business days(Blake FishedGreg Casey or successors) LEVEL 3 CEOs 10 business days LEVEL 4 Arbitrationaccordingto the provisions of the parties'InterconnectionAgreements LEVEL 5 CEOs .5 business days LEVEL 6A If a dispute is not resolvedin Levels 1 through 5,and involves äther atechnicaltelecommunicationsissuerequiringtelecommunicationsexpertiseoraninterpretationoflegislativeorregulatoryrequiretdents,and does not involvea det=ninmion of penalties or damages,then each party has the rig to take such disputes,unresolvedafter arbitration,to theappropriatestateorfederalItgulatofybodyforresolution. LEVEL 6B If a dispute is not resolved in Levels 1 through 6A,either party Inay .initiatelitigationin federalcourt,with all questions of factud law to be submitted fordetmninntiontothejudge,not an.Thci parties agree that the exclusivevenue for civil court actions initiated by MellodUSAis §United States District Court for the District of Colorado and the exclusivevenue for civil cotrt actions initiated by Qwest is the United States DistrictCourtfortheDistrictoflowa.If a mt issues a final order of dismum1 or simwnnryjudgmem and such orderis not reversedon a cal,then the party bringing the action (in the case ofdismnsni)or the party that did not prevail on smnmaryjudgment shall be responsibleforreimbursementtotheotherpartyofreasonableattomeys'fees incurred by the otherpartý.In the event that either party files e action in court;the parties waive :(a)primary jmisdictioninanystateutilityorservicecommion,and (b)any tariff limitations on damages or otherlimitationonactualrinmnges,to the extent that such demoges are reasonably foreseeableandacknowledgingeachparty's duty to mitigate damages;and the Interconnection Agreements areberebyamendedaccordingly. NONPUBLIC DOCUMENT CONTAINS TRADE SECRET DATA Q110111 ýg niBTil'TWATION BUPFORT (TEll)10.26'00 13:08/ET.13:07/NO.4861183380 P 2 If the partics apic with theimms set fiath abowsthey wiß cach creont=a coýy of this Jette in &eigmm spaces pruvidedon f bc last page.Upcm .9ig;numre of Þoth par tics,tbc - parnes wBl be botad by the terms set inrihbertin. Trade Secret Dats Ends]gy Gres casey NONPUBLIC DOCUMENT C()NTÀINS TRADE SECRET DATA Ql10112 TERMS OF LETTER AGREEMENTACCEPTED BY: QWEST COMMUNICATIONS INTERNATTONAL,INC. Ititle).L . [dge) MCLEODUSAINCORPORATED [dde] NONPUBLIC DOCUMENT CONTAINS TRADE SECRET DATA Q110113 raou unsT-LmtaTien suProxT .(Tall)10.WOO 13:08/97.13:07/NO.48611833809 3 TERMs or m AdlÅ’EMENTACCEPTED E qWEST COMMt1M1CATTGÑSNTERNAT10NAL.NC- (name). £;xgC ,M . futWI /e «¿,-0 0 [dsle] MCLEODUSA DJCORPORATED l-O Ñtle] loa¤:3 NONPUBLIC DOCUMENT . CONTAINS TKADE 5ECRET DATA .-....Ql10114