20050208Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoe1.com
Michael Beach
WorldCom, Inc.
707 1 ih Street
Denver, CO 80202
Facsimile: [phone]
HEGE1VED l~.FiLED
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UTilYi'lES COtAifilSSlON
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND MCImetro
ACCESS TRANSMISSION SERVICES
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
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
portion(s) 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-181148.1 0029164-00016
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
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 8th day of February, 2005.
Qwest Corporation
and
Michael Beach
WorldCom, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-181148.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 8th day of February, 2005 , 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
Michael Beach
WorldCom, Inc.
707 ih Street
Denver, CO 80202
Facsimile: [phone]
Director, West Public Policy/Law & Public Policy
WorldCom, Inc.
6312 South Fiddlers Green Circle - Suite 600
Englewood, CO 80111
Facsimile: [phone]
Director, West Public Policy/Law & Public Policy
WorldCom, Inc.
707 17th Street
Denver, CO 80202
Facsimile: [phone]
Vice President & Chief Technology Counsel
Technology Law Group/Law & Public Policy
World Com, Inc.
1133 19th Street
Washington, DC 200036
Facsimile: [phone]
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&cut~ 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-181148.1 0029164-00016
Expedites for Design Services Amendment
to the Interconnection Agreement between
Qwest Corporation and
MClmetro Access Transmission Services, LLC
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"), a Colorado corporation, and MClmetro Access Tranmission 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 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 Expedites for
Design Services as set forth in Attachment 1 and Exhibit A, to this Amendment, attached hereto
and incorporated herein by this reference.
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. Additionally, Qwest shall
implement any necessary billing changes within two (2) billing cycles after the latest execution
date of this Amendment, with a true-up back to the latest execution date of this Amendment by
the end of the second billing cycle. The Parties agree that so long as Qwest implements the
billing changes and the true-up as set forth above, the CLEC's bills shall be deemed accurate
and adjusted without error.
Further Amendments
MClm-
Amendment to CDS-O21009-0006/dhd
Expedite Amendment
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.
Entire Aareement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements
representations by or between the Parties, written or oral , to the extent they relate in any way to
the subjects of the 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.
Qwest Corporation
--(~
Signature
r::5J.€. W-
Name Printedffyped
L. T. Christensen
Name Printedrryped
vp-
Title
Director - Interconnection AQreements
Title
Date
Ios;-
Date
MClm-
Amendment to CDS-O21 0O9-0006/dhd
Expedite Amendment
Attachment
ATTACHMENT
Expedites for Design Services
Description
Expedites are requests for an improved standard interval that is shorter
than the interval defined in Qwest's Service Interval Guide (SIG) or CLEC'
Interconnection Agreement (ICA), Individual Case Basis (ICB) or committed to
1GB (Ready for Service (RFS) + Interval) date.
Terms and Conditions
1 When Qwest receives an ASR or LSR with the EXP populated and the
DDD is less than the standard interval, Qwest will determine if the request is
eligible for an expedite without a call from you. If the request meets the criteria
for the Pre-Approved Expedite process Qwest will process the request and
return a FOC acknowledging the expedited due date. The appropriate expedite
charge will be added to your service order.
If the request does not meet the criteria for the Pre-Approved Expedite
process, the ASR or LSR will be processed under the guidelines for Expedites
Requiring Approval as described in the PCA
The Pre-Approved expedite process is available in all states except WA
for the products listed in the PCAT. It is not necessary to call Qwest to have the
expedite approved.
Rate Elements
The expedite charge Identified in Exhibit A applies per order for every day
that the due date interval is shortened, based on the standard interval in the SIG
ICA, or 1GB criteria.
Ordering Process
1.4.1 CLEC will request an expedite on a Local Service Request (LSR) or
Access Service Request (ASR).
1.4.All requests must include an expedited Due Date, and Qwest will return
an FOC acknowledging the expedited Due Date.
MClm-
Amendment to CDS-O21009-0006/dhd
Expedite Amendment
Exhibit A
Exhibit A
Exhibit A
Expedite for Design
Services
Per order, per day event $200.
MClm-
Amendment to CDS-O21009-0006/dhd
Expedite Amendment