20041119Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.cO1n
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Peter H. ReYnolds
MCImetro Access Transmission Services LLC
22001 Loudon County Parkway - Suite G2-614
Ashburn, VA 20147
Telephone: [phone]
Facsimile: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND MCIMETRO
ACCESS TRANSMISSION SERVICES LLC
FOR APPROVAL OF A WIRE LINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~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 APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Boise-178431.l 0029164-00016
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 18th day of November, 2004.
Qwest Corporation
~~t4~~/~
ary Stflobson
Stoel RIves LLP, Attorneys for Qwest
and
Peter H. ReYnolds
MCImetro Access Transmission Services, LLC
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-178431.l 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of November, 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
11 ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Peter H. ReYnolds
MCImetro Access Transmission Services LLC
22001 Loudon County Parkway - Suite G2-614
Ashburn, VA 20147
Telephone: [phone]
Facsimile: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Brandi L. Gearhart, P
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
Boise-178431.l 0029164-00016
INTERIM AMENDMENT FOR CERTAIN DISPUTED TRAFFIC
Between
Qwest Corporation and MClmetro Access Transmission Services, LLC
for the State of Idaho
This Interim Amendment is entered into by and between Qwest Corporation ("Qwest"), a
Colorado corporation, and MClmetro Access Transmission Services, LLC ("MCI") effective as of
the Effective Date, defined below. Qwest and MCI shall be known jointly as the "Parties
RECIT ALS
WHEREAS, MCI and Qwest entered into an interconnection agreement (the "ICA") which was
approved by the Commission ("Commission ); and
WHEREAS, the Parties have certain disagreements (the "Disagreement") concerning the
interpretation and/or applicability of the ICA and MCI's ability to establish and use a single Point
of Interconnection ("POI") in a given LATA for the purpose of MCI receiving certain traffic
originated on Qwest's network, and the financial arrangements between the Parties for such
POls, facilities, and traffic ("Disputed Traffic ). Disputed Traffic includes without limitation traffic
originated on Qwest's network from a Local Calling Area ("LCA") to an NPA-NXX obtained by
MCI and filed in the Local Exchange Routing Guide ("LERG") as being associated to a rate
center within the LCA but terminating to an end user not located in that same LCA (which Qwest
refers to as "VNXX Traffic
WHEREAS, to address the Disagreement without either Party waiving rights to advocate its
position and seek appropriate remedies , and to allow the network configuration specified below
to be installed and/or maintained so that traffic can be exchanged, the Parties have agreed to
the following terms and conditions.
INTERIM AMENDMENT
NOW THEREFORE, in consideration of the mutual terms , covenants and conditions contained
in this Interim Amendment and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
Section 1.0 - General Terms and Conditions
Effective Date . This Interim Amendment shall become effective on September 1 , 2004
("Effective Date
Term. The term of this Interim Amendment shall begin on the Effective Date and shall
remain in effect until such time as the Commission or another authoritative body with competent
jurisdiction resolves the Disagreement. Upon such resolution , the Parties shall work promptly
and expeditiously to incorporate the decision of the Commission or other authoritative body into
the ICA, if necessary, without regard to whether the resolution is appealed (absent the granting
of a lawful stay). This Interim Amendment shall remain in effect until such incorporation is
accom plished.
Scope of Interim Amendment.The provisions of this Interim Amendment are intended to
operate in place of the existing provisions of the ICA only to the extent necessary to establish
the rates, terms, and conditions for the Parties for the purpose of MCI receiving Disputed Traffic
including in the 19 LATAs listed in Appendix A to this Interim Amendment and only for the Term
of this Interim Amendment, as noted above. To the extent the ICA is not inconsistent with this
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Interim Amendment, the ICA remains in full force and effect during and after the Term of this
Interim Amendment. Upon expiration of this Interim Amendment as described in Section 1.
above , the underlying language of the ICA, which is not being altered, stricken, or modified in
any way, shall remain in full force and effect, except as modified by the Parties during the
process of incorporating the decision of the Commission or other authoritative body, if
necessary. For the purpose of incorporating such decision and applying any resulting true-ups
the Parties shall ignore the terms of this Interim Amendment and calculate such true-ups as
though the resolution of the Disagreement, as subsequently implemented by the Parties, had
been in full force and effect during the term of this Interim Amendment.
1.4 Entire AQreement.This Interim Amendment (including all Appendixes) constitutes the
full and entire understanding and agreement between the Parties with regard to the subjects ofthis Interim Amendment and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, including but not limited to, any term
sheet or memorandum of understanding entered into by the Parties, to the extent they relate in
any way to the subjects of this Interim Amendment.
Commission Approval.This Interim Amendment is subject to approval by the
Commission, and either Party or both Parties may submit this Interim Amendment to the
Commission for approval. The Parties shall operate under this Interim Amendment immediately
upon execution, without waiting for Commission approval.
Section 2.0 - Establishment of POls
Individual POls. For each of the LATAs listed in Appendix A to this Interim Amendment
MCI shall establish a single POI. The establishment of such POI shall be consistent with the
terms and conditions of the Parties
' "
Single Point of Presence Within the Local Access and
Transport Area Amendment" (the "SPOP Amendment") to the ICA, without regard to whether
the Disputed Traffic that is the subject to this Interim Amendment is subject to the terms in the
SPOP Amendment. The network arrangements created in this Interim Amendment are interim
and subject to any rearrangements necessary to implement the resolution of the Disagreement.
These network rearrangements will be completed in as expeditious a manner and timeframe as
possible after the resolution of the Disagreement. In a proceeding to resolve the Disagreement
each Party shall be free to advocate whether the network arrangements created in this Interim
Amendment are appropriate under the ICA for the Disputed Traffic, and neither Party shall be
deemed to have waived any position by virtue of executing this Interim Amendment.
Compensation for Facilities. On an interim basis, Qwest shall bill MCI , and MCI shall
pay, for the transport facilities , from each local calling area in a LATA where the Disputed Traffic
originates to the POI established pursuant to Section 2.1 above , at the full applicable transport
rates contained in MCI's ICAs with Qwest without application of any relative use factor or other
cost-sharing mechanism. This billing shall be interim and subject to true-up based on the
resolution of the Disagreement. Such true-up shall be undertaken in any given LATA retroactive
to the date on which the interim network arrangements implemented under this Interim
Amendment in that LATA were first turned up and capable of passing traffic. In a proceeding to
resolve the Disagreement, each Party shall be free to advocate any facility compensation it
claims is applicable, and neither Party shall be deemed to have waived any position by virtue of
executing and/or provisioning facilities pursuant to this Interim Amendment.
Compensation for Traffic OriQination and Termination.On an interim basis, the Disputed
Traffic originating on Qwest's network in the 19 LATAs listed in Appendix A to this Interim
Amendment shall be originated by Qwest and terminated to MCI on a bill and keep basis. This
interim arrangement applies only in the 19 LA T As listed in Appendix A, and only for the
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Disputed Traffic originated on Qwest's network and terminated on MCI's network. This bill andkeep arrangement is interim and subject to true-up based on the resolution of the
Disagreement. Such true-up shall be undertaken in any given LATA retroactive to the date on
which the interim network arrangements implemented under this Interim Amendment in that
LATA were first turned up and capable of passing traffic. In a proceeding to resolve the
Disagreement, each Party shall be free to advocate any traffic termination compensation
scheme it claims is applicable , and neither Party shall be deemed to have waived any position
by virtue of executing this Interim Amendment.
Section 3.0 - Resolution of the Disagreement
Cooperation of the Parties. The Parties shall work cooperatively and expeditiously to
resolve the Disagreement. Either Party may petition the Commission or any other authoritative
body with competent jurisdiction to resolve the Disagreement. Each Party is free to advocate
any network or financial arrangement it claims is applicable, but neither Party shall use the
contents of this Interim Amendment as evidence to determine the appropriate final
arrangements between the Parties. Each Party may use the ICA, including without limitation the
language that a party may claim is the operative existing language that is the subject of the
Disagreement , and all applicable laws, rules , orders, tariffs , regulations, and other relevant and
admissible evidence as evidence to determine the appropriate final arrangements between the
Parties. By entering into this Interim Amendment Qwest does not waive and specifically
reserves its rights to seek compensation from MCI and/or network reconfiguration by MCI
beyond the 19 LA T As identified on Appendix A, in which MCI may have established single POls
or other network arrangements for the transport of Disputed Traffic.
Section 4.Other Terms and Conditions of Interconnection Agreements
Other Interconnection Terms. This Interim Amendment is not intended to alter, adjust or
extend existing interconnection arrangements between Qwest and MCI except as expressly set
forth herein and all such other interconnection arrangements and related terms and conditions
shall remain in full force and effect.
The Parties intending to be legally bound have executed this Interim 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 TransmissionSe ices LLC
Qwest Corporation
Signature
Name PrintedfTyped
L. T. Christensen
Name PrintedfTyped
.JLP (aX1'; J€ j1\~ yit-
Title
Director -Interconnection AQreements
Title
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DateDate
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Append ix A
AQpendix A: Affected LATAs
652 Boise I
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C OS-021 009-0006/dhd