20110524Amendment.pdf

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Qwest
1600 7th Avenue. Room 1506
Seattle. Washington 98191
[phone]
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
May 23,2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
RECEIVED
lOll HAY 24 AH 9: 52
I)*(IL Qwest~
Spirit of Service"
Via Overnight delivery
Re: Case No. QWE-T-02-22
Application for Approval of Amendment to the Interconnection Agreement
MCIMETRO Access Transmission Services LLC
Dear Ms. Jewell:
Enclosed for fiing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests 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 t' atter.
mep
Enclosure
cc: Service list
.Lisa A. Anderl (WSBA#13236)
Qwest
1600 7th Ave, Room 1506
Seatte, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr (Q q west.com
RECEIVED
2UI1 HAY 24 AM 9: 52
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.c. §252(e)
CASE NO.: QWE- T -02-22
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
. Utilities Commission on September 3,2004 (the "Agreement"). The Amendment with
MCIMetro Access ("MCIMetro") 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) disci,minates against a telecommunications carrer 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.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests 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 wil enable MCImetro.
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
MCIMetro
Amendment to QLSP Agreement
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to interconnect with Qwest facilities and to provide customers with increased choices among
local telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a heaiing and does not concern other parties not a party to the negotiations.
Expeditious approval would further th~Jublic interest.
Respectfully submitted thiQ! day of May, 2011.
Lisa A. An rl
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
MCIMetro
Amendment to QLSP Agreement
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CERTIFICATE OF SERVICE
I hereby certify that on this _ day of May, 2011, 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
P.O. Box 83720
Boise, Idaho 83720-0074
¡jewell (Qpuc.state.id.us
Hand Deli very
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Mark Turner
MCImetro Access
Hand Deli very
X U. S. Mail
Overnight Delivery
Facsimile
Leslie Johnson, Qwest Corporation
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
MCIMetro
Amendment to QLSP Agreement
AMENDMENT TO
QWEST LOCAL SERVICES PLATFORM ™ AGREEMENT
. This amendment ("Amendment"), by and between Qwest Corporation ("Qwest"), a Colorado corporation, and MClmetro Access
Transmission Services LLC ("CLEC"), a Delaware limited liability company.. amends the Qwest Local Services Platform™
("QLSpTM") Agreement between the Parties.
WHEREAS, the Parties entered into a Qwest Local Services Platform™ (''QLSP™Î Agreement ("Agreement') with an Effective Date of
January 4, 2011; and
WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein.
NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment
and other good and valuable consideration, the receipt and suffciency of which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by modifying the following terms and conditions of Attachment 2 and Exhibit A.
1. The last sentence of Sections 1.5.2, 3.8.3 and 3.8.5 of Attachment 2 to the Agreement shall be deleted and replaced with the
following:
"The Parties understand and agree that the Services include tandem switching, where required, as well as end
offce switching and that CLEC has the right to charge switched access to IXCs for each element, as
appropriate. ..
2. Notwithstanding anything to the contrary in the Agreement, the rate sheet(s) attached hereto as Exhibit A shall apply to port
rates for Services provided in the applicable state(s) identified therein. Except as expressly modified by this Amendment, all
other rates reflected in the Agreement shall remain in full force and effect.
3. The last sentence of Section 3.4.1 of Attachment 2 to the Agreement is hereby deleted in its entirety..For the avoidance of doubt, notwithstanding anything to the contrary in the Agreement by which port rates could be increased,
other than as amended hereby, port rates shall remain unchanged throughout the term of the Agreement (as such term is identifed
in Section 3 of the Agreement), except that the Parties understand and agree that the terms and con~ns o~i Agreement
regarding the annual variable discount structure associated with CLEC growth and retention thresholds-all c ue to apply
throughout the term of the Agreement. ;= --40'
;::.::);:-,'l-"fl'f.,~J:.
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;0m("mEffective Date
~mt:J
This Amendment shall be deemed effective upon signature by both Parties.:::%Further Amendments Vi(S (J
Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified iú shall~ 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 of the Parties hereto. No waiver by any Part of any default, misrepresentation, or breach of warranty or
covenant hereunder, whether intentional or not, wil 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 occrrence.
Entire Agreement
The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and
agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any pror
understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the
subject matter of the Agreement. as amended.
. April 15, 2011lkjclMCIMetro Amendment to QLSpTM (v3-23-11)
AZ-CDS-1 01 021-0086; CO-CDS-1 01 021.0087; IA-CDS-1 01021-0088; ID.CDS-1 01 021-0089; MN-CDS-1 01 021-0090
MT-CDS-101021-0091; ND-CDS-101021-0092; NE.CD8-101021-Q93; NM-CDS-101021-0094; OR.CDS-101021-0095;
SD-CDS-101021-0096; UT.CDS~101021-0097; WA-CDS-101021-0098; WY-CDS-1 01 021-0099
Page 1 of2
AMENDMENT TO
QWEST LOCAL SERVICES PLAiFORMTM AGREEMENT
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.
~d~dkt
MClmetr Access Transmission Services LLC:
- :rr~~Title: Al6 E/V
Date: ~- 2: 7 ., 2-DI /i
Name: L. 1. Christensen
Title:
Date:
Director - Whol¡Je Contracts
'lè:'Y'L
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April 15, 2011/kjclMCIMetro Amendment to QLSpTM (v3-23-11)
AZ-CDS-101021-0086; CO-CDS-101021-0087; IA-CDS-101021-0088; IO-CDS-101021-0089; MN-CDS-101021-0090
MT-CDS-101021-0091; ND-CDS-101021-0092; NE-CDS-101021-0093; NM-CDS-101021-0094; OR-eOS-101021-0095;
SO-eOS-101021-0096; UT-CDS-1 01 021-0097; WA-CDS-101021-o098; WY-COS-101021-0099
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Qwst Local Services Platform™ (QLSpTM) Ra PÌlge - Minnesota
Modified Local Switching Port Ra
109.11 Local Swithing Purchased As Part of QLSpTM
109.11.1 Port, Basic Plan
109.11.1.1 Analog Port $10.75
109.11.1.2 Residential end user credit LAWUR ($4.03)1
109.11.1.3 Effective QLSpTM Residential Analog Port $6.72 1
109.11.1.4 Digital Port (Supporting BRIISDN)$16.99
109.11.1.5 PBX DID Port $10.58
109.11.2 Port, If 80% YOY Volume Retention Plan Requirement Are Met
109.11.2.1 Analog Port $10.21
109.11.2.2 Analog Port, Residential end user credit LAWUR ($3.56)
109.11.2.3 Effective QLSpTM Residential Analog Port $6.65
109.11.2.4 Digital Port (Supporting BRIISDN)$16.99
109.11.2.5 PBX DID Port $10.58
109.11.3 Port, If 90% YOY Voltime Retention Plan Requirements Are Met
109.11.3.1 Analog Port $9.68
109.11.3.2 Analog Port, Residential end user credit LAWUR ($3.09)1
109.11.3.3 Effctive QLSpTM Residential Analog Port $6.59 1
109.11.3.4 Digital Port (Supporting BRI ISDN)$16.99
109.11.3.5 PBX DID Port $10.58
109.11.4 Intentionally Blank
109.11.5 Port,lf 115% YOY Volume Growth Plan Requirements Are Met
109.11.5.1 Analog Port $7.53
109.11.5.2 Analog Port, Residential end user credit LAWUR ($1.21)1
109.11.5.3 Effectve QLSpTM Residental Analog Port $6.32 1
109.11.5.4 Digital Port (Supporting BRIISDN)$16.99
109.11.5.5 PBX DID Port $10.58
109.11.6 Intentionally Blank
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Notes:
1 QLSP'" Business and Residential services utilze the same Class of Service and line Universal Service Order codes (USOes). QLSP'. Residential services wil
be biled at the Analog Port rate and only those lines that specifically qualify for and are identified as serving a residential end-user customer by the
presence of the LAWUR usoe wil receive the Residential end user credit.
Qwest Local Service Platfnn™ (QLSPTM) Rate Page. Nebraka
Modifed Local Switching Port Rate .
109.11 Local Switching Purchased As Part of QLSpTM
109.11.1 Port, Basic Plan
109.11.1.1 Analog Port $9.43
..
109.11.1.2 Residential end user credit LAWUR ($5.16)1
109.11.1.3 Effective QLSpTM Residential Analog Port $4.27 1
109.11.1.4 Digital Port (Supporting BRI ISDN)$15.54
109.11.1.5 PBX DID Port $9.96
109.11.2 Intentionally Left Blank
109.11.Port, If 90% yay Volume Retention Plan Requirements Are Met
109.11.3.1 Analog Port $8.49
109.11.3.2 Analog Port, Residential end user credit LAWUR ($4.30)1
109.11.3.3 Effectve QLSpTM Residential Analog Port $4.18 1
109.11.3.4 Digital Port (Supporting BRIISDN)$15.54
109.11.3.5 PBX DID Port $9.96
109.11.4 Intentionally Left Blank
109.11.5 Port, If 115% yay Volume Growth Plan Requirements Ar Met
109.11.5.1 Analog Port $6.60
109.11.5.2 Analog Port, Residential end user crit LAWUR ($2.59)1
109.11.5.3 Effectve QLSpTM Residential Analog Port $4.01 1
109.11.5.4 Digital Port (Supportng BRIISON)$15.54
109.11.5.5 PBX DID Port $9.96
109.11.6 Intentionally Left Blank .
Notes:
1 QLpN Business and Residential services utilze the same Class of Service ånd line Universal Service Order codes (ÚSOCs). QlP~ Residential services
wil be biled at the Analog Port råte and only those lines that specifically qualify for and are identified as serving a residential end-user customer by thE
presence of the LAWUR USOC wil receive the Residential end user credit.
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AMENDMENT TO
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
.ThiS amendment ("Amendment", by and between Qwest Corporation ("Qwest"), a Colorado corporation, and MClmetro Access
Transmission Services LLC ("CLEC"), a Delaware limited liabilty company" amends the Qwest local Services Platform™
("QlSpTM") Agreement between the Parties.
WHEREAS, the Parties entered into a Qwest Local Services Platform™ ("QlSpTM") Agreement ("Agreement") with an Effective Date of
January 4, 2011; and
WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein.
NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment
and other good and valuable consideration, the receipt and suffciency of which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by modifying the following terms and conditions of Attachment 2 and Exhibit A.
1. The last sentence of Sections 1.5.2, 3.8.3 and 3.8.5 of Attachment 2 to the Agreement shall be deleted and replaced with the
following:
"The Parties understand and agree that the Services include tandem switching, where required, as well as end
offce switching and that GlEG has the right to charge switched access to IXGs for each element, as
appropriate."
2. Notwthstanding anything to the contrary in the Agreement, the rate sheet(s) attached hereto as Exhibit A shall apply to port
rates for Services provided in the applicable state(s) identified therein. Except as expressly modified by this Amendment, all
other rates reflected in the Agreement shall remain in full forc and effect.
.3. The last sentence of Section 3.41 of Attachment 2 to the Agreement is hereby deleted in its entirety.
For the avoidance of doubt, notwithstanding anything to the contrary in the Agreement. by which port rates could be increased,
other than as amended hereby, port rates shall remain unchanged throughout the term of the Agreement (as such term is identified
in Section 3 of the Agreement), except that the Partes understand and agree that the terms and conditions of the Agreement
regarding the annual variable discount structure associated with GlEG growth and retention thresholds shall continue to apply
throughout the term of the Agreement.
Effective Date
This Amendment shall be deemed effective upon signature by both Parties.
Furter Amendments
Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be 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 of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or
covenant hereunder, whether intentional or not, wil 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 occrrence.
Entire Agreement
The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and
agreement between the Parties with regard to the subject matter of the 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
subject matter of the Agreement, as amended.
. April 15, 2011lkjcICIMetro Amendmentto QlSpTM(v3-23-11)
AZ-CDS-101021-0086; CO-CDS-101021-0087; IA-CDS-101021-o088; ID-CDS-101021-0089; MN-CDS-101021-O90
MT-CDS-101021-0091; ND-CDS-101021-o092; NE-CDS-101021-0093; NM-CDS-101021-0094; OR-CDS-101021-0095;
SD-CDS-101021-o096; UT-CDS-101021-o097; WA-CDS-1 01 021-0098; WY-CDS.101021-0099
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