20020821Amendment McLeodUSA3.pdf

ECEIVED mMaryS.Hobson (ISB#2142)FILED OStoelRivesLLP
101 South Capitol Boulevard -Suite 1900 002 A!)G 2 i PM 3:55Boise,ID 83702
Telephone:[phone]
Facsimile:[phone] LiIlta LOMMISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT CASE NO.QWE-T-00-7APPLICATIONOFQWESTCORPORATION
AND MCLEODUSA TELECOMMUNICATIONS
SERVICES,INC.FOR
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)(1)of the Telecommunications Act of 1996,Qwest
Corporation ("Qwest")hereby submits the enclosed negotiated agreement between US West
Communications,Inc.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)(1).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
notablya 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 Presiderit 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 l
Boise-145498.1 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 clearly defined.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-145498.1 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
interpretation 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 proceedings,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-145498.1 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 thisË ay of August,2002.
Qwest Corporation
Mary S.$Ïobson
Stoel Rives LLP,Attorneys for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT -Page 4
Boise-145498.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on thi ay 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 -Interconnection X U.S.Mail
McLeodUSA Telecommunications Services,Inc.Overnight Delivery
6400 C Street SW -Box 3177 Facsimile
Cedar Rapids,IA 52406-3177
Telephone:[phone]
Brandi L.Gearhart,PLS
Legal Secretary to Mary S.Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTÏONAGREEMENT-Page 5
Boise-145498.1 0029164-00016
O CONFIDINTIAL SETTLEMENT AGREEMENT
(Trade Secret Data Begins
This ConfidentialSettler lent Agreement ("Agreement")is dated this day of May.
2000 by and between US WES Communications,Inc.,("US WEST"),with its headquaners al
1801 CaliforniaStreet,Denver,2olorado 80202 and McLeodUSATelecornmunications
Services,Inc.("McLeodUSA"),6400 C Street,S.W.,P.O.Box 3177,Cedar Rapi,IA 52406-
3177 (collectively,the "Parties".
Recitals
WHEREAS,on or about March 6.2000.MelrodUSA filed a complaint (the
"Complaint")against US WES with the Colorado Public Utilities Commission(the
"Commission")concerning the rovision of resold Centrex services to L &L Subway,lnc.in .
Greeley,Colorado.The Compkint was assigned Docket No.00F-118Tby the Commission (this
"Docket").
WHEREAS,US WEST has filed an answer ("Answer")to the Complaint denying the
material allegations therein.
WHEREAS,the Comph int is currently set for hearing on May 15,2000.
WHEREAS,the Parties have engaged in settlement discussion in an attempt to resolve
their differences regarding the i sues raised in the Complaint and thereby avoid the expense of a
hearing.
Arreement
For full and fair mutual :onsideration,the Parties hereto agree as follows:
1.Mel.codUSA sh tll file for dismissal,with prejudice,its Complaint in this Docket
by May 5,2000.Upon receipt 'af a final decision from the Commission dismissing the
NONPUBLIC DOCUMENT Q110171
CONTAINS TRADE SECRET DATA 1
Complaint with prejudice,US WEST shall pay or credit to McLeodUSA
2.US WEST agrees t t it will provideto McLeodUSAtelecornmunications
services for resale that are at least ual in quality and in substantially the same manner that US
WEST providesthese services to it elf and others,including other resellers and end users.
3.McLeodUSA agree that it is responsible for providingto US WEST complete
and accurate end user infortnation hen ordering services from US WEST.To the extent that
correct informationis not provide to US WEST,McLeodUSAagrees that the terms of this
Agreement shall not apply until lxodUSAprovides complete and accurate informationto US
WEST.
4.The Parties also a as follows:
a.If McLeod SA believes it has a legitimate concern over facility
availabilityparity in a where it has placed an orderfor resold Centrex services to be
used to provisionbasic I exchange service and has complied with all applicable tariff
requirements,including f recasting and tendering payment of arty applicable construction
charges,and the ordergoes held,McLeodUSAwill promptly contact its designated
McLeodUSAAccount ecutive at US WEST,to aDow US WEST the opportunity to
investigate the matter to respond to McLeodUSAwithin five (5)working days of
McLeodUSA'scontact tUS WEST regarding the matter as to the state of the service
installation.
with
resbpect
to ihty ai a
ilatykpamty
U u e io o
NONPUBLIC DOCUMENT
CONTAINS T DE SECRET DATA
2
Ql10172
a--memu
correct the situation consiste t with the terms of this Agreement and will,to the exacgt
required,include the matter i its reponingrequiremengynderCommissiori rules.
c.Where an issue with respect to facility availability parity is identified
through the informal proce contained in this Paragraph 6,US WEST agrees to
reimburse McLeodUSA for reasonable legal and administrative expenses incurred by
McLeodUSAin responding o the situation.
d.If,upon inve tigation,US WEST confirms that an issue raised by
McLeodUSAwith respect t facility availabilityparity is frivolous or assened in bad
faith,McLeodUSAagrees i reimburac US WEST for allreasonable legal and
administrative expenses in ed by US WEST in response to the allegation.
7,MelzodUSA agree that it will cooperate in good faith with US WEST and use
its best effons to work with US ST on a business to business basis to forecast,provision.
process and cancel orders for from MelzodUSA.
8.This Agreement is entered for the purpose of settlement of the Docket in this
Complaint proceeding only.The erms in this Agreement are the result of compromise and
negotiation by both Panies of pos ions which they held and continue to hold.Nothing in this
Agreement shall constitute a wal or admission by any party with respect to any matter not
specifically addressed in this Agreement.
9.This Agreement ·made for settlement purposes only.Nothing in this
Agreemem,including the fact it was entered into by the Parties,shall constitute,or be
construed as,an admission on be f of any of the Panies as to the validity of any claims,
defenses,or allegations made in &complaint or in any other pleading in this Docket.This
Agreement doca not constitute an agreernent,by any Party,that any principle or methodology
NONPUBLIC ENT
CONTAINS TRADE SEC T DATA 3 Q110173
contained within this Agreement ma be applied to a situadon other than this Docket.No
precedential effect or other significa ce except as may be necessary to enforce this Agreement.
shall attach to any principle or met ology contained in this Agreement,
10.This Agreement shall be treated as conDdential by the Panics hereto and shall not
be disclosed except as may be requir d by law or order of a court or agency with appropriate
jurisdiction.This Agreement,as we as the negodations or discussions ondertaken in
conjunction with the Agreement,11 not be admissible into evidence in this Docket or in any
other proceedings.Nor shall any st tements be made to any media with respect to this
Agreement,except,however,that the Panies may indicate that the Parties have mutually agreed
to a resolutionof the Docket.
11.This Agreement may be executed in separate counterpans and transrrutted by
facsimile.The counterpans taken together shall constitute the whole Agreement.
12.This Agreement co titutes the entire agreement between the Parties with respect
to the issues raised in this Docket.
13.The Panies represe t that those persons signing this Agreement have full
authority to bind their respective P ies in all respects.
Dated this day of Ma ,2000.
Trade Secret Data Ends]
Approved:Approvedas to forre
By
ons
E.Rings William P.Heaston
Gcueral Counsel 140 North Phillips,4*Floor
McIrodUSATechnologyPark Sioux Falls,South Dakota57104
6400 C Street S.W.(605)2637212
P.O.Box 3177 Attomey for McLeodUSA
Cedar Rapids,lowa 524 3177 Telecommunications Services,Inc.
NONPUBLIC DO ENT
CONTAINS TRADE SEC T DATA 4 Q110174
I
Approved:Approvedas to form:
US WEST,Inc.
Patricia Kline s A.Ofecolo,Reg.No.17948
General Manager-Eastern R ion 1801 CaliforniaStreet,Suite 510
150 South 5*Street,Room 70 Denver,Colorado 80202
Minneapolis,Minnesota 55 2 [phone]
[phone] Attorney for US WEST
Communications,Inc.
O
NONPUBLIC DOCUMENT
CON AINS TRADE SECRET DATA
I
Ql10175
I-1