20040414Amendment.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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T. D. Huynh
MCI
2678 Bishop Drive - Suite 200
San Ramon, CA 94583
Telephone: [phone]
t.d.huvnh~mci.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND MCImetro ACCESS
TRANSMISSION SERVICES, LLC FOR
APPROV AL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.
~252(e)
CASE NO.: QWE-O2-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and MCImetro Access Transmission Services LLC
MCImetro ) 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.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-169919,10029164-00016
MCImetro and Qwest respectfully submit this Amendment provides no basis for either of
these findings, and, therefore jointly request that the Commission approve this Amendment
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
MCImetro to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
MCImetro 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 14th day of April, 2004.
Qwest Corporation~..0~
Mary S. obson
Stoel Rives LLP, Attorneys for Qwest
and
T. D. Huynh
MCImetro Access Transmission Services , LLC
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-169919,10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 14th day of April, 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
O. Box 83720
Boise, Idaho 83720-0074
i i ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
T. D. Huynh
MCI
2678 Bishop Drive - Suite 200
San Ramon, CA 94583
Telephone: [phone]
t.d.huynh~mci.com
Hand Delivery
~ U.Mail
Overnight Delivery
Facsimile
Email
/1~
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-169919,10029164-00016
Qwest DSL TM (with discount) provided with UNE-P 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 Qwest DSL TM (with discount) provided with UNE-P to
the Interconnection Agreement between Qwest Corporation ("Qwest") , a Colorado corporation
and MClmetro Access Transmission Services , LLC ("CLEC"), a Delaware corporation.
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement for service in the State
Idaho that was approved by the Idaho Public Utilities Commission ("Commission ) on November
, 2002 ("Agreement"); and
WHEREAS, the Parties wish to amend the Agreement 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 the terms , conditions and rates for Qwest DSL
(with discount) provided with UNE-, as set forth in Attachment 1 and Exhibit A, attached hereto
and incorporated herein.
Rates in Exhibit A that are "Under Development" shall be updated upon establishment of a rate.
Rates in Exhibit A shall otherwise be updated to reflect legally binding decisions of the
Commission and shall be applied on a prospective basis from the effective date of the legally
binding Commission decision , unless otherwise ordered by the Commission.
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.
February 11 , 2004/pdd/MCImetro/DSL w/disco UNE-pIlD
Amendment to CDS-021 009-0006
Updated 02-05-
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.
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
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
February 11 , 2004/pdd/MClmetro/DSL w/disco UNE-p/ID
Amendment to CDS-021 009-0006
Updated 02-05-
FCC's 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 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-, 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 Agreement
This Agreement as amended (including this Amendment and the documents referred to herein)
constitutes the full and entire understanding and agreement between the Parties with regard to
the subjects of this 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 this 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.
MClmetro Access Transmission
S ices, LLC ~~d
Signature
Michael A. Beach
Name Printed/Typed
L. T. Christensen
Name Printed/Typed
Vice-President, Carrier Management
Tille
Dat~ 1 tJ
Director - Interconnection AQreements
Title
'/
(f loti
Date
February 11 , 2004/pdd/MCImetro/DSL w/disco UNE-p/lD
Amendment to CDS-021 009-0006
Updated 02-05-
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 (analog, non-DID trunks only)
combinations, where Technically Feasible. The price for Qwest DSLTM 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 DSLTM are not subject to discount. In
the event that CLEC migrates the voice service to Unbundled Loop, Qwest DSL TM service will
be disconnected.
February 11 , 2004/pdd/MClmetro/DSL w/disco UNE-p/lD
Amendment to CDS-021009-0006
Updated 02-05-
ATTACHMENT 1
Exhibit A
Recurring Non-Recurring
Owest Miscellaneous Services Available With UNE-
Discounted Owest DSL IIVI 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.
February 11 , 2004/pdd/MClmetro/DSL w/disco UNE-p/ID
Amendment to CDS-021 009-0006
Updated 02-05-