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Home My WebLink About20030814Amendment.pdf-'-' 1"'"1\.:\cL.c. 't. STOEL ~~, r-D . ,. _ L;, '"1'-- 101 S. Capitol Boulevard, Suite 1900 Boise, Idaho 83702 main 208.389.9000 lax 208.389.9040 2003 f\!JG 13 Pi1 4: 18 ATTORNEYS AT LAW .' I' " , i "~,I ;-ll' UTILiTlCS COfli'HSSiON www,stoeLcom August 13 2003 MARY S, HOBSON Direct (208) 387-4277 mshobson0)stoel,com VIA HAND DELIVERY Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83720-0074 Re:Case No. QWE-O2- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation and MCimetro Access Transmission Services LLC is an original of the Application for Approval of Amendment to the Interconnection Agreement. The parties respectfully request that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this matter. Very truly yours ~7lL~ :blg Enclosure Oregon Washington California Boise-16021 Ll 0029164-00016 Utah I d a h 0 Mary S. Hobson (ISB# 2l42) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 mshobson~stoel.com FECEIVED ;-:iLED 1'.. ...! ZO03 ~;UG I 3 PM 4: t 8 , ' ,- I ." 1 , - ~ L. ,'J UTlL I\!ES CGh~1ISSI0H BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND MClmetro ACCESS TRANSMISSION SERVICES , LLC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 US.C. 9252(e) CASE NO.: QWE-O2- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") and MClmetro Access Transmission Services LLC MCI") hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on November 21 2002 (the "Agreement"). A copy of the 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. MCI and Qwest respectfully submit this Amendment provides no basis for either of these findings, and, therefore jointly request that the Commission approve this Amendment APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Boise-l 602 10.1 0029164-00016 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 MCI to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. MCI 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 13th day of August, 2003. Qwest Corporation Auv f!Jf!/u h- - Mary S. bson Stoel Rives LLP, Attorneys for Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Boise-160210.10029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 13th day of August, 2003 , 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 iiewell~puc.state.id. Vice President, Global Carrier Management WorldCom, Inc. 707 17th Street Denver, CO 80202 Facsimile: (303) 390-6333 Director, West Public Policy/Law & Public Policy WorldCom, Inc. 707 17th Street Denver, CO 80202 Facsimile: (303) 390-6333 Director, West Public Policy/Law & Public Policy WorldCom, Inc. 6312 South Fiddlers Green Circle - Suite 600 Englewood, CO 80 III Facsimile: (303) 217-4070 Vice President and Chief Technology Counsel Technology Law Group/Law & Public Policy WorldCom, Inc. 1133 19th Street, NW Washington, DC 20036 Facsimile: (202) 736-6903 Debi Hartl Qwest Corporation Legal Dept. - CD&S 1801 California - Suite 3800 Denver, CO 80202 Telephone: (303) 672-2784 dhartl~qwest.com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email 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-1602IO,10029164-00016 Collocation Available Inventory Amendment to the Interconnection Agreement between Qwest Corporation and MClmetro Access Transmission Services LLC for the State of Idaho This is an Amendment ("Amendment") for Collocation Available Inventory to the Interconnection Agreement between Qwest Corporation "Qwest", a Colorado corporation, and MClmetro Access Transmission Services LLC ("CLEC" ). CLEC and Qwest shall be known jointly as the "Parties RECITALS WHEREAS , CLEC and Qwest .entered into an Interconnection Agreement ("Agreement") for service in the state of Idaho which was approved by the Idaho Public Utilities Commission Commission ); 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 Collocation Available Inventory, 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. Further Amendments Amendments; Waivers. The provisions of this Agreement, including the provisions of this sentence , may not be amended, modified or supplemented, and waivers or consents departures from the provisions of this Agreement 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. Colla Available Inventory Amd/MClmetrollD Amendment to CDS-021 009-0006 Reservation of Rights. Nothing in this Amendment shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the rates, terms or conditions for the purchase of returned Collocation sites and related elements contained in this Amendment or an admission by Qwest or CLEC that the rates, terms or conditions 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 rates, terms or conditions or concerning whether the rates, terms or conditions should be changed, vacated, dismissed stayed or modified. Entire Agreement. This Amendment (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of this Amendment 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 this Amendment. MClmetro Access T Service LC Qwest corporati -lr-a Signature Title Name PrintedfTyped 1tY. 7-('-1/05 Date L. T. Christensen Name PrintedfTyped Director - Business Policy Title -r/~~ Date Colla Available Inventory AmdlMClmetroliD Amendment to CDS-021 009-0006 ATTACHMENT 1 ATTACHMENT 1 Collocation Available Inventory Description Collocation Available Inventory provides the terms and conditions under which (1) GLEC can purchase returned Collocation sites and elements ("Owest Postings ) and (2) CLEC may post CLEC controlled sites that are available for a Transfer Of Responsibility ("CLEC Postings ). Available sites will be posted on the "Collocation Classified" web site: http://www.qwest.com/cgi-bin/whoiesale/collocation.cgi. Owest Postings: Collocation sites available on the Owest Available Inventory list may be totally or partially completed before being returned to Owest inventory. Both caged and cageless sites will be offered on the inventory list. Sites will be offered "AS IS , WHERE IS. 2 CLEC Postings: Available sites listed in the "CLEC Postings" section of the Collocation Classifieds are eligible for Transfer to an assuming CLEC with or without working circuits as described in the Collocation Transfer of Responsibility Product offering. The "Collocation Classified" web site refers to a tool used by CLEC and Owest to post lisitings of available collocation sites. The site contains Owest Postings and CLEC Postings. Terms and Conditions The offering of a Collocation site from the Owest Available Inventory list shall be limited to the offering of a specified site in Owest's control to CLEC that either: (i) has a commission-approved Interconnection Agreement covering the specific type of Collocation to be obtained or (ii) is currently in negotiations with Owest for such an Agreement. CLEC obtaining a Collocation site from the Owest Available Inventory must not have any overdue financial obligations owed to Owest pertaining to Collocation. Formally disputed charges will be treated as an exception. The assuming CLEC for all Qwest posted sites will be required to pay a minimum of six (6) months of Space Construction and Floor Space Lease recurring charges should the CLEC terminate its rights of occupancy prior to six (6) months of occupancy. Standard Sites Qwest Postings: Collocation sites available in the Owest Postings may be partially or fully completed before being returned to Owest inventory. Both caged and cageless sites will be offered in the Qwest Collocation Postings section. Sites will be offered under the terms and conditions set forth in CLEC' Interconnection Agreement. In its Collocation application for such a site, CLEC may request to add to or complete the Collocation site to the CLEC' specifications. In CLEC Collocation application for such a site, CLEC may also Collo Available Inventory Amd/MClmetrollD Amendment to CDS-021 009-0006 ATTACHMENT 1 request that Qwest reduce cable terminations. CLEC will be charged for the removal of such cable terminations. All services that were previously connected to the Collocation (e. Unbundled Network Elements , CLEC to CLEC connections, administrative lines Finished Services, Line Splitting and Line Sharing, etc.) will be disconnected before the site is listed on the "Qwest Postings" section of the Collocation Classifieds. Power, Grounding for caged sites and Entrance Facilities are also disconnected prior to a site being posted. Qwest shall inventory all Reusable and Reimbursable Elements and list them in the Qwest Postings. Shared resources including HV AC and racking will not be listed in the Qwest postings. When other Collocation space is not available, Qwest reserves the right to remove Qwest postings from the Available Inventory web site to satisfy CLEC Applications for Collocation , for Qwest space requirement needs, or for CLEC Collocation augments to existing sites. Qwest shall not use the Qwest Postings as a basis to claim exhaust (space , power, terminations, etc.) in any Qwest Premises. Qwest will provide CLEC with a feasibility study within ten (10) Calendar Days after receipt of the application. Qwest will provide CLEC with a quote within twenty-five (25) Calendar Days after providing the feasibility study. Price quotes will be honored for thirty (30) Calendar Days from the date the quote is provided and the associated space is reserved during such period, pending CLEC' acceptance of the quoted charges. 3.4 CLEC must pay the initial fifty percent (50%) of the quoted nonrecurring charges to Qwest within thirty (30) Calendar Days of receiving the quote. If the payment is not received by Qwest within such thirty (30) Calendar Day period , the quote will expire and the requested site will be returned to Qwest inventory. The CLEC will be charged a QPF for work performed up to the point of expiration or non-acceptance of the quote. 2.4 Special Sites: 2.4.Qwest may elect to offer Collocation sites returned through Chapter 7 bankruptcy or abandonment. These sites "Special Sites" will not be decommissioned and may be offered with Electronic Equipment (Equipment), Equipment Racks, Cages DC power, Grounding and Terminations. These Special Sites will be posted in the Qwest Available Inventory posting under Unverified sites with equipment". 2.4.CPMC will verify whether the requested site is still available for acquisition by conducting a feasibility study within ten (10) Calendar Days after receipt of the application. If the site is not available the CPMC will notify the CLEC in writing. If the site is available a site survey will be arranged with the CLEC and Qwest State Interconnect Manager (SICM). Upon completion of the survey Qwest will prepare a quote based on the site inventory and any requested modifications to the site. CLEC must pay in full one hundred percent (100%) of the quoted nonrecurring charges to Qwest within thirty (30) Calendar Days of receipt of the quote. If Qwest does not receive the payment within such thirty Colla Available Inventory Amd/MClmetrollD Amendment to CDS-021 009-0006 ATTACHMENT 1 (30) Calendar Day period , the quote will expire and the requested site will be returned to Qwest inventory. The CLEC will be charged a QPF for work performed up to the point of expiration or non-acceptance of the quote. 2.4.Upon receipt of the full payment for the quoted nonrecurring charges Qwest will begin the establishment of the site records and the complete the job build-out. The interval shall be forty-five (45) Days for completion of the site from receipt of payment. In the event that the CLEC requires Qwest to install Augments (additional services) to the existing site , the interval will revert to the intervals defined in the assuming CLEC's Interconnect Agreement. 2.4.4 For Special Sites; IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT QWEST IS SELLING EQUIPMENT THAT IS CLASSIFIED AS "USED" OR SURPLUS" EQUIPMENT ON AN "AS IS WHERE IS" BASIS. CLEC UNDERSTANDS AND AGREES THAT ALL EQUIPMENT IS , CONVEYED (I) IN AN "AS IS" 'WHERE IS" CONDITION WITH ALL FAULTS LATENT AND PATENT AND (II) EXCEPT AS OTHERWISE PROVIDED BY THIS AGREEMENT, ALL EQUIPMENT IS CONVEYED WITHOUT ANY QWEST WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OR IMPLIED BY A PARTICULAR COURSE OF DEALING. 2.4.4.All software and software license agreements for any Equipment conveyed as part of a Special Site shall be the sole responsibility of the assuming CLEC. 2.4.4.2 CLEC's handling, scrap, destruction or other disposition of any Equipment conveyed as part of a Special Site shall conform and. comply with the following. a) All applicable federal , state, county and municipal laws statutes , regulations, and codes regulating hazardous wastes materials or substances; b) Environmental rules and regulations governing environmental impacts associated with the production and or recovery of precious metals, scrap metals and material processing and or residual material disposition whether hazardous or non- hazardous as defined by governing laws and or applicable laws and are the sole responsibility of the CLEC; andc) All hazardous waste , hazardous material , hazardous substances or solid waste manifests relating to the shipping, receiving, disposal or final disposition of the Equipment shall not reference , list or otherwise indicate on the manifest that Qwest is the generator, arranger, transporter, owner or otherwise the party that owns, controls, manages , handles, stores , generates or otherwise uses the Equipment. On any required hazardous Colla Available Inventory Amd/MClmetrollD Amendment to CDS-021 009-0006 ATTACHMENT 1 waste, hazardous material , hazardous substances or solid waste manifest relating to the shipping, receiving, disposal or final disposition of the Equipment, the CLEC shall be listed as the generator, arranger and owner of the materials.d) The CLEC shall comply with the applicable Qwest Technical Publications as defined in the CLEC's Interconnection Agreement when removing any equipment from a Special Site. CLEC Posting: Sites listed in the "CLEC Postings" section are eligible for Transfer Of Responsibility to an assuming CLEC. Sites may be offered with or without working circuits. The terms and conditions for the Transfer of Responsibility shall be accordance with the Transfer of Responsibility Product offering. Rate Elements Pricing for sites listed within the Qwest Available Inventory list will be provided on a site-specific basis. Pricing shall be in accordance with the Interconnection Agreement of theassuming CLEC. Vacating CLEC's may receive a potential refund from sale available/discounted sites based on outstanding Nonrecurring charges, amounts for reimbursable elements and transfer fees. The following items are charged to a CLEC purchasing a "Standard site" from the Qwest Available Inventory List. Charges will be provided to a CLEC via a quote that requires the CLEC's acceptance before work begins. Quote Preparation Fee (QPF) Found in CLEC's existing Interconnection Agreement for a each specific type of Collocation site. Reusable Elements are those Qwest inventoried components used to provision the Collocation site. The quote will be for all components used to install the Collocation space. These elements include Qwest inventoried components (Le. cage bays, HVAC, cable racking) to provision the original Collocation site. 1 Nonrecurring Collocation Rate Elements that are reused , will be available at a 50% discount to an assuming CLEC. Reimbursable Elements are those which are not subject to a discount to the assuming CLEC. This includes any reusable termination cabling that is part of the available site. Reimbursable Elements considered for a potential refund are, Digital Signal Level 0 (OSO) termination cabling, Level 1 (OS1) termination cabling, Level 3 (OS3) termination cabling, and fiber terminations (excluding entrance that run from vault directly to Collocation site, Le. Express Fiber Entrances). Special Site Rates: The following items are charged to an assuming CLEC for a Special Site from the Qwest Postings. Charges will be provided to a CLEC via a quote that requires the CLEC's acceptance before Qwest begins work. Site Survey Fee: A non-refundable site survey fee for a formal site survey Collo Available Inventory Amd/MClmetroliD Amendment to CDS-021 009-0006 ATTACHMENT 1 visit with the CLEC per Exhibit A. Payment is to be submitted in conjunction with the Collocation Application for a Special Site. Quote Preparation Fee (QPF). The QPF for Special Sites will be a flat rate fee per Exhibit A. If the assuming CLEC requires Augments (additional services) to the existing site the QPF will revert to the rate defined in the CLEC' Interconnection Agreement. Non recurring Collocation Rate Elements: Include all Reusable elements defined above, DC Power, grounding and terminations. Special sites will be offered at a flat 50% discount to an assuming CLEC based on the rates in its current Interconnection Agreement. Augments (additional services) or changes to the sites will not be discounted and will be charged at the rates as defined in the CLEC's Exhibit A of their Interconnect Agreement or Exhibit A of this document payable in full prior to commencement of work. 3.4 Network Assessment Fee for transfer of existing circuits to the assuming CLEC per Exhibit A. Any Equipment contained in the site will be conveyed at a $0.00 charge. 3.4 Recurring charges for all Products and Services will be charged at rates listed in the assuming CLEC's Exhibit A of their Interconnection Agreement without a discount. MN state specific language: Rates will be trued up to the Commission ordered Interconnection Agreement rates from cost proceedings. By executing this amendment CLEC does not waive its right to dispute Qwest's application of a rate in a specific circumstance, and CLEC expressly retains such right. Ordering CLEC must submit a "Qwest Collocation Application Form (new, change or augment)" on the Qwest web at: http://www.qwest.com/wholesale/pcaUcoliocation.html The "submit" date for the Collocation Available Inventory request will commence on the date that the Wholesale Project Manager (WPM) notifies the Collocation Project Management Center (CPMC) that all prerequisites for this request to have been met. Qwest will process the Available Inventory Request pursuant to the Collocation Intervals in the CLEC's Interconnection Agreement. Special Site interval will be 45 Calendar Days form the receipt of payment.4.4 For purposes of first-come , first-served determination of availability, priority will be defined by the date and time the complete application is received by rfsmet~qwest.com. CLECs should submit an alternative option when requesting an available site by Colla Available Inventory Amd/MClmetro/lD Amendment to CDS-021 009-0006 ATTACHMENT 1 populating the "Second Choice" and/or "Third Choice" tabs included on the Qwest Collocation Application Form. This will prevent the possible cancellation of the submitted application in the event that the first choice is no longer available. Collo Available Inventory Amd/MClmetro/lD Amendment to CDS-021 009-0006 ATTACHMENT 1 Exhibit A STANDARD SITES Charge for removal of Terminations DSO (per 100) DS1 (per termination) DS3 (per termination) OCN per 12 fibers) Quote Preparation Fee ICB ICB ICB ICB See Collocation Section of Existing A reement SPECIAL SITES QPF Network Assessment Fee Site Surve $1058. $1663. $150. Reusable Elements 50% Discount Collo Available Inventory AmdlMClmetrollD Amendment to CDS-021 009-0006