20040504Amendment.pdf

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HECEIVED illFILED
2fillitMA Y - 3 PM 4:51
101 S. Capitol Boulevard, Suite 1900
Boise, Idaho 83702
main 208.389.9000
fax [phone]
ATTORNEYS AT lAW ttJi'vnJ PUBLIC
UTlLIT IES COMMISSION
www.sloel.com
May 3 , 2004
MARY S. HOBSON
Direct [phone]
mshobsol1(8)stoe1.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re:Case No. QWE-O2-
APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Dear Ms. Jewell:
Qwest submits the following agreement for Commission approval: Business Escalation
Agreement between Qwest Corporation and MCI Worldcom Network Services, Inc. and its
affiliates (which includes MCImetro Access Transmission Services, LLC). This agreement
implements terms and conditions for executive level meetings between the parties and business
escalation procedures. Please note that the parties only executed one original agreement and
only copies are available for filing with the Commission. Please also note that this agreement is
not confidential and the confidential and proprietary footer was inadvertently included on the
document.
To the extent this Agreement covers the resolution of disputes regarding Section 251 services
this document is being submitted for Commission approval pursuant to 47 US.C. 9 252(e) as an
amendment to the interconnection agreement between Qwest and MCImetro Access
Transmission Services. To the extent that this Agreement coers the resolution of disputes
unrelated to Section 251 services or Qwest's obligations under the Telecom Act of 1996 , this
Agreement is being submitted for informational purposes only.
Oregon
Washingioll
C a i i for n i a
U l a h
Boise-17017S.!0029164-00016 Idaho
Jean Jewell, Secretary
Idaho Public Utilities Commission
May 3 2004
Page 2
The enclosed agreement does not discriminate against non-party carriers. It is consistent with
the state and federal law, and is in the public interest. Qwest respectfully requests that the
Commission approve this agreement expeditiously.
Very truly yours
~1!
!!'~~
Mary S. Hobson
:blg
Enclosurecc: Service List
Boise-17017S.!0029!64-00016
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
RfCE1\'tE'O ' mFILED
ZOUIj HAY -3 PM 4:.
!Dl'd!O PUBLIC
UTILITIES COMMISSION
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.
APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-170173.10029164-00016
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 3rd day of May, 2004.
Qwest Corporation~-t!:~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-170173.l0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of May, 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
ii 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.huvnh~mci.com
Hand Delivery
--.2L U. S. Mail
Overnight Delivery
Facsimile
Email
&A~
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-170173.10029164-00016
TJ,t3-
BUSINESS ESCALATION AGREEMENT
This Business Escalation Agreement ("Agreement") is entered into this 20th day
of February, 2004, by and between Qwest Corporation , a Colorado corporation
Qwest") and MCI WORLDCOM Network Services, Inc. and its affiliates ("MCI"
on behalf of themselves and their affiliates and subsidiaries , for consideration of
the mutual promises herein and other good and valuable consideration. The
parties agree to: (1) arrange Executive-Level meetings as necessary between
executives of each company to address unresolved and/or anticipated business
issues; and (2) establish and follow escalation procedures designed to facilitate
and expedite business-to-business dispute solutions.
1. EXECUTIVE-LEVEL MEETINGS
Beginning upon the date of full execution of this Agreement , the parties agree to
attend and participate in executive meetings as necessary, the purpose of which
will be to address and discuss issues , open items or disputes, and future
business needs. The participants in the meeting will include executives from
both companies at the vice-president and/or above level.
2. BUSINESS ESCALATION PROCEDURES
The parties wish to establish an improved business-to-business relationship and
agree that they will attempt to resolve business issues that may arise between
them , in accordance with the escalation procedures set forth herein. The parties
agree, subject to any subsequent written agreement between the parties , to: (1)
utilize the following escalation process and time frames to resolve such disputes;
(2) commit the time, resources and good faith necessary to meaningful dispute
resolution; (3) grant to one another, at the request of the other party, reasonable
extensions of time at Levels 1 and 2 of the dispute resolution process to facilitate
a business resolution.
Level Participants Time frame for discussions
LEVEL 1 Directors 15 business days
LEVEL 2 Vice Presidents 10 business days
LEVEL 3 Senior and/or 5 business days
Executive Vice Presidents
In the event mutually agreeable resolution is not achieved , either party may seek
legal , regulatory, or other relief.
Notwithstanding the above escalation procedures , the parties expressly reserve
the right to pursue legal, regulatory, and/or other relief at any time
QwestJ MCI Confidential and Proprietary
before any court, administrative agency, or other body as each party, in its sole
discretion , deems appropriate or necessary to protect its interests. In the event
either party avails itself of such right to relief, the other party may, to the extent
feasible , accelerate the escalation process so as to reach Level 3 prior to the
time at which a responsive filing would be required of that party.
If reporting or filing obligations or requirements are imposed upon Qwest by any
third party or regulatory agency in connection with this Agreement, MCI agrees to
assist Qwest in complying with such obligations and requirements, as reasonably
required by Qwest and to hold Qwest harmless for any failure by MCI in this
regard. MCI also acknowledges that Qwest may, in its sole discretion and to the
extent that Qwest determines that this Agreement contains an ongoing term of
interconnection , file this Agreement with a state commission pursuant to 47
C. ~ 252.
In the event either party pursues legal, regulatory, or other relief, both parties
agree that they will continue to use this escalation process in an attempt
to continue to seek settlement of that dispute and other disputes that may
exist at that time or subsequently arise between the parties.
If the parties agree with the terms set forth above, they will each execute
a copy of this Agreement in the signature spaces provided on the last page.
Upon signature of both parties, the parties will be bound as of the date set forth
above by the terms set forth herein , through March 31 2007. This Agreement
may be executed in counterparts and exchanged by facsimile.
Qwest Corporation MCI WORLDCOM Network
Service9' Inc. and its affiliates
By:~~c
Signature
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Qwest/ MCI Confidential and Proprietary