20021021Application ISP Bound Traffic.pdf

Mary S.Hobson (ISB #2142)
Stoe1Rives LLP 20;j20CT 21 PM 5:43
101 South Capitol Boulevard -Suite 1900
Boise,ID 83702 UilLi 0 SSIONTelephone:[phone]
Facsimile:[phone]
mshobson stoel.com
Shari Harris
Director of Operations
BasicPhone,Inc.
P.O.Box 220
Orange,TX 77631
Telephone:[phone]
Facsimile:[phone]
[e-mail]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST )Case No.:QWE-T-02-18
CORPORATION AND BASICPHONE,INC.)
FOR APPROVAL OF THE ADOPTION OF AN )APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT FOR THE )INTERNET SERVICE PROVIDER (ISP)
STATE OF IDAHO PURSUANT TO 47 U.S.C.)BOUND TRAFFIC
§252(e))
Qwest Corporation ("Qwest")and BasicPhone,Inc.("BasicPhone")hereby jointly file
their Application for Approval of Internet Service Provider ISP Bound Traffic (the
"Amendment")for the State of Idaho.A copy of the Amendment is submitted herewith.
This Amendment was reached through voluntarynegotiations 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 throughvoluntary negotiations only if the Commission finds that:the amendment (or
portion thereof)discriminates against a telecommunications carrier not a party to the
APPLICATION FOR APPROVAL OF INTERNET SERVICE PROVIDER (ISP)BOUND TRAFFIC -1
Boise-148302.1 0029164-00016
amendment;or the implementation of such an amendment or portion is not consistent with the
public interest,convenience and necessity.
BasicPhone and Qwest respectfully submit that this Amendment provides no basis for
either of these findings,and,therefore jointly request that the Commission approve the
Amendment expeditiously.The 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 will enable BasicPhone to
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
BasicPhone and Qwest further request that the Commission approve this Amendment
without a hearing.Because the Amendment was reached through voluntarynegotiations,it does
not raise issues requiring a hearing and does not concern other parties not a party to the o
negotiations.Expeditious approval would further the public interest.
Respectfullysubmitted this /Ëayof October,2002.
Qwest Corporation
Mary S.CHobson
Stoel Rives
and
Shari Harris
BasicPhone,Inc.
APPLICATION FOR APPROVAL OF INTERNET SERVICE PROVIDER (ISP)BOUND TRAFFIC -2
Boise-148302.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this y of October,2002,I served the foregoing APPLICATION
FOR APPROVAL OF INTERNET SERVICE PROVIDER (ISP)BOUND TRAFFIC upon all parties of
record in this matter by mailing a copy thereof properly addressed,with postage prepaid as follows:
Ms.Jean Jewell,Secretary [X ]Hand Delivery
Idaho Public Utilities Commission Ï 1 U.S.Mail
472 West Washington Street Ï 1 Overnight Delivery
Boise,Idaho 83720-0074 Ï 1 Facsimile
Shari Harris Ï 1 Hand Delivery
Director of Operations [X ]U.S.Mail
BasicPhone,Inc.[]Ovemight Delivery
P.O.Box 220 [1 Facsimile
Orange,TX 77631
Telephone:[phone]
Facsimile [phone]
[e-mail]
JonathanT.Williams Ï 1 Hand Delivery
Osborne/Craig PLC [_X ]U.S.Mail
The Monroe Building Ovemight Delivery
9625 Surveyor Court -2nd Floor Facsimile
Manassas,VA 20110
Telephone:[phone]
Facsimile:[phone]
[e-mail]
Qwest Corporation [1 Hand Delivery
Director Interconnection Compliance [_X__]U.S.Mail
1801 Califomia -Room 2410 Ï 1 Overnight Delivery
Denver,CO 80202 Ï 1 Facsimile
Qwest Corporation Ï 1 Hand Delivery
Law Department [_X_]U.S.Mail
ATTN:Corporate Counsel,Interconnection Ï 1 Overnight Delivery
180 1 California Street -496 Floor Ï 1 Facsimile
Denver,CO 80202
brandi L.Gearhart,PLS
Legal Secretaryto Mary S.Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF INTERNET SERVICE PROVIDER (ISP)BOUND TRAFFIC -3
Boise-148302.1 0029164-00016
Internet Service Provider ("ISP")Bound Traffic Amendment
to the Interconnection Agreement between
Qwest Corporation and
BasicPhone,Inc.
for the State of Idaho
This is an Amendment ("Amendment")to the Interconnection Agreement between Qwest
Corporation ("Qwest"),formerly known as US WEST Communications,Inc.,a Colorado
corporation,and BasicPhone,Inc.("CLEC").CLEC and Qwest shall be known jointly as the
"Parties".
RECITALS
WHEREAS,CLEC and Qwest entered into an Interconnection Agreement ("Agreement")which
was approved by the appropriate state Commission ("Commission");and
WHEREAS,The FCC issued an Order on Remand and Report and Order in CC Docket 99-68
(Intercarrier Compensation for ISP-BoundTraffic);and
WHEREAS,the Parties wish to amend the Agreement to reflect the aforementioned Order
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 to the language as follows in lieu of existing
contract language:
1.Definitions
For purposes of this Amendment the following definitions apply:
1.1 "Bill and Keep"is as defined in the FCC's Order on Remand and Report and Order in
CC Docket 99-68 (Intercarrier Compensation for ISP-Bound Traffic).Bill and Keep is an
arrangement where neither of two (2)interconnecting networks charges the other for terminating
traffic that originates on the other network.Instead,each network recovers from its own end
users the cost of both originating traffic that it delivers to the other network and terminating
traffic that it receives from the other network.Bill and Keep does not,however,preclude
intercarrier charges for transport of traffic between carriers'networks.
1.2 "Information Service"is as defined in the Telecommunications Act of 1996 and FCC
Order on Remand and Report and Order in CC Docket 99-68 and includes ISP-bound traffic.
1.3 "Information Services Access"means the offering of access to Information Services
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Providers.
2.ExchangeService (EASILocal)Traffic
Pursuant to the election in Section 5 of this Amendment,the Parties agree to exchange allEASILocal(§251(b)(5))traffic at the FCC ordered rate,pursuant to the FCC's Order on Remand
and Report and Order in CC Docket 99-68,(Intercarrier Compensation for ISP-Bound Traffic)orthestateorderedreciprocalcompensationrate.When the FCC ordered rate for ISP-bound
traffic is applied to EASILocal traffic,the FCC Ordered ISP rate is used in lieu of End Office callterminationandTandemSwitchedTransportrateelements.
3.ISP-Bound Traffic
3.1 Qwest elects to exchange ISP-bound traffic at the FCC ordered rates pursuant to the
FCC's Order on Remand and Report and Order (Intercarrier Compensation for ISP-BoundTraffic)CC Docket 99-68 (FCC ISP Order),effective June 14,2001,and usage basedintercarriercompensationwillbeappliedasfollows:
3.2 Compensation for Interconnection configurations exchanging traffic pursuant toInterconnectionagreementsasofadoptionoftheFCCISPOrder,April 18,2001:
3.2.1 Identification of ISP-Bound traffic --Qwest will presume traffic delivered to CLEC
that exceeds a 3:1 ratio of terminating (Qwest to CLEC)to originating (CLEC to Qwest)traffic is ISP-bound traffic.Either Party may rebut this presumption by demonstrating the
factual ratio to the state Commission.Traffic exchanged that is not ISP bound traffic will
be considered to be section 251(b)(5)traffic.The provisions in this amendment apply
regardless of how the ISP bound traffic is determined.
3.2.2 Growth Ceilings for ISP-Bound Traffic --Intercarrier compensation for ISP-bound
traffic originated by Qwest end users and terminated by CLEC will be subject to growth
ceilings.ISP-bound MOlJs exceeding the growth ceiling will be subject to Bill and Keep
compensation.
3.2.2.1 For the year 2001,CLEC may receive compensation,pursuant to
a particular Interconnection Agreement for ISP bound minutes up
to a ceiling equal to,on annualized basis,the number of ISP
bound minutes for which CLEC was entitled to compensation
under that Agreement during the first quarter of 2001,plus a ten
percent (10%)growth factor.
3.2.2.2 For 2002,CLEC may receive compensation,pursuant to a
particular InterconnectionAgreement,for ISP bound minutes up to
a ceiling equal to the minutes for which it was entitled to
compensation under that Agreement in 2001,plus another ten
percent (10%)growth factor.
3.2.2.3 In 2003,CLEC may receive compensation,pursuant to a
particular Interconnection Agreement,for ISP bound minutes up to
a ceiling equal to the 2002 ceiling applicable to that Agreement.
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3.2.3 Rate Caps -Intercarrier compensation for ISP-bound traffic exchanged betweenQwestandCLECwillbebilledinaccordancewiththeirexistingAgreementorasfollows,whichever rate is lower:
3.2.3.1 $.0015 per MOU for six (6)months from June 14,2001 throughDecember13,2001.
3.2.3.2 $.001 per MOU for eighteen (18)months from December 14,2001throughJune13,2003.
3.2.3.3 $.0007 per MOU from June 14,2003 until thirty six (36)monthsaftertheeffectivedateoruntilfurtherFCCactiononintercarriercompensation,whichever is later.
3.2.3.4 Compensation for ISP bound traffic in InterconnectionconfigurationsnotexchangingtrafficpursuanttoInterconnectionagreements
prior to adoption of the FCC ISP Order on April 18,2001 will be on a Bill and
Keep basis until further FCC action on Intercarrier compensation.This includescarrierexpansionintoamarketitpreviouslyhadnotserved.
4.Effective Date
This Amendment shall be deemed effective upon approval.by the Commission;however,Qwestwilladopttherate-affecting provisions for both ISP bound traffic and (§251(b)(5))of the Order
as of June 14,2001,the effective date of the Order.
5.Rate Election
The reciprocal compensation rate elected for (§251(b)(5))traffic is (elect and siqn one):
FCC Ordered Rate:
Si ature i
Name Printed/Typed
OR
State Ordered Rate:
Signature
Name Printed/Typed
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6.Further Amendments
Except as modified herein,the provisions of the Agreement shall remain in full force and effect.
Neither the Agreement nor this Amendment may be further amended or altered except by
written instrument executed by an authorized representative of both Parties.This Amendment
shall constitute the entire Agreement between the Parties,and supercedes all previous
Agreements and Amendments entered into between the Parties with respect to the subject
matter of this Amendment.
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.
Qwest Corp ration
nature Signature
L.T.Christensen
D
cePrBduneesds
Policy
Date Date
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