20030715Amendment.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]
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UTili liES C:Oi\.f;r"iISSION
Joseph B. McNeal
WaveSent LLC
O. Box 15509
Boise, ID 83715
Telephone: [phone]
sharon(2U,p agedata. com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORA nON AND W A VESENT LLC FOR
APPROVAL OF THE PAGING CONNECTION
AGREEMENT FOR THE STATE OF IDAHO
-, PURSUANT TO 47 US.c. 9252(1)
CASE NO.: QWE-O3-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE PAGING
AGREEMENT
Qwest Corporation ("Qwest") and Wavesent LLC ("Wavesent") hereby jointly file this
Application for Approval of Amendment to the Paging Agreement ("Amendment"), which was
approved by the Idaho Public Utilities Commission on February 25 , 2003 (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.
Wavesent and Qwest respectfully submit this Amendment provides no basis for either of
these findings, and, therefore jointly request that the Commission approve this Amendment
APPLICATION FOR APPROVAL OF AMENDMENT TO THE PAGING AGREEMENT -
Boise-l 59406-1 0029164-00016
Page 1
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
Wavesent to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Wavesent 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 July, 2003.
Qwest Corporation
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Stoel ~~~LP, Attorneys for Qwest
and
Joseph B. McNeal
WaveSent LLC
APPLICA nON FOR APPROVAL OF AMENDMENT TO THE PAGING AGREEMENT -
Boise-159406, I 0029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 14th day of July, 2003 , I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE PAGING AGREEMENT
upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
ii ewell((l),puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Joseph B. McNeal
WaveSent LLC
O. Box 15509
Boise, ill 83715
Telephone: [phone]
sharon(qJ,pa geda ta. c om
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
John Love
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Heidi Higer
Qwest Corporation
Director Interconnection Compliance
1801 California - Room 2410
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
Email: hhiger(Q),qwestcom
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
General Counsel- Interconnection
Qwest Law Department
1801 California Street - 38th Floor
Denver, CO 80202
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
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Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE PAGING AGREEMENT -
Boise-159406.1 0029164-00016
Page 3
Amendment To Paging Connection Agreement
Between
WaveSent LLC
And
Qwest Corporation f/kla U S WEST Communications, Inc.
For The State of Idaho
This Amendment is entered into by and between WaveSent LLC ("WaveSent") and
Qwest Corporation flk/a U S WEST Communications, Inc. ("Owest"
RECITALS
WaveSent and Qwest entered into a Paging Connection Agreement for service in the
State of Idaho that was executed on January 2 , 2003 ("Agreement"); and
WaveSent and Qwest hereby amend the Underlying 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 Underlying Agreement is hereby amended to include the addition of Single Point of
Presence (SPOP), as set forth in Attachment 1 and Exhibit A to this Amendment,
attached hereto and incorporated herein by this reference.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; howeverthe Parties hereby agree to implement the provisions of this Amendment upon
execution. To accommodate this need , WaveSent must generate, if necessary, an
updated Customer Questionnaire. In addition to the Questionnaire, all system updates
will need to be completed by Qwest. WaveSent will be notified when all system changes
have been made. Actual order processing may begin once these requirements have
been met.
Amendments; Waivers.
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.
ID/Amenc.lment to CDS-O21212-0030
Entire Agreement
This Amendment (including the documents referred to herein) constitutes the full and
entire understanding and agreement between the Parties with regard to the subjects of
this Amendment and supersedes any prior understandings , agreements, amendments
or representations by or between the Parties, written or oral, to the extent they relate in
any way to the subjects of this Amendment.
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 and
which together shall constitute one and the same instrument.
WaveSent LLC Qwest CorporationrtL~
Authorized Signature
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Printed Name
L. 1. Christensen
Printed Name
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Director - Business Policy
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Date Date
ID/Amendment to CDS-O21212-0030
2.4
ATTACHMENT 1 TO AMENDMENT
Single Point of Presence (SPOP) in the LATA
Definitions
Entrance Facility (EF)/Channel Facility. Interconnection may
accomplished through the provision of a DS1 or DS3 entrance facility at rates
provided in the underlying agreement. An entrance facility extends from the
Qwest Serving Wire Center to Paging Provider s terminal or POI. Entrance
facilities may not extend beyond the area served by the Qwest Serving WireCenter. Entrance Facilities may not be used for interconnection with
unbundled network elements.
Direct Trunked Transport (DTT)/Dedicated Transport is available between the
Serving Wire Center of the POI and Qwest's tandems or end office switches.
When DTT is provided to a local or access tandem for Exchange Service
EAS/Local Traffic, or to an access tandem for Exchange Access (lntraLATA
Toll), or Jointly Provided Switched Access traffic, the applicable DTT rate
elements apply between the Serving Wire Center and the tandem. Dedicated
transport will be provided at rates and on conditions provided in the
Underlying Agreement, subject to the provisions of Section 2.3 below.
Terms and Conditions
SPOP is only provided in conjunction with Type 2 connection service:
By utilizing SPOP in the LATA , Paging Provider can receive Exchange
Access (IntraLATA Toll Non-IXC) and Jointly Provided Switched Access
(InterLATA and IntraLATA IXC) traffic and Exchange Service EAS/Local
traffic from Qwest's Access Tandem Switches. The SPOP is defined as the
Paging Provider s physical point of presence.
SPOP in the LATA includes an Entrance Facility (EF) and DTT/Dedicated
Transport options at both a DS1 and DS3 capacity, but not below a DS1
capacity. Entrance Facilities, DTT /Dedicated Transport used to deliver
Qwest originated Intra-LATA traffic are provided to Paging Providers at no
charge, except for the portion of the facility used to carry Third Party Traffic.
Therefore, Qwest shall determine all aspects and elements of the Paging
Connection Service facilities that it provides itself, including, but not limited to
design , location , quantities, and distance , pursuant to the Delivery of Paging
Traffic provisions of the Underlying Agreement.
Where there is a Qwest local tandem serving a rate center to which Paging
Provider has assigned a full NXX code, local one way trunking must be
requested from that Owest local tandem by Paging Provider. These trunks
will carry Exchange Service EAS/Local traffic only. A separate trunk group
from the Qwest access tandem is required for the exchange of Exchange
Access (IntraLATA Toll Non-IXC) traffic and jointly Provided Switched Access
(lnterLATA and IntraLATA IXC) traffic.
ID/Amendment to CDS-O21212-0030
Where there is no Qwest local tandem serving a Qwest end office, Qwest will
provision service by means of a one-way Type 2 trunk group from the Qwest
access tandem for Paging Provider traffic from or through the Qwest network
that combines Exchange Service EAS/Local , Exchange Access (Intra LATA
Toll Non-IXC) and Jointly Provided Switched Access (InterLATA and
IntraLATA IXC) traffic.
If there is more than one Qwest access tandem within the LATA boundary,
Paging Provider may request SPOP and Qwest will route its traffic over Type
2 trunking from each Qwest access tandem to the Paging Provider s terminal
or POI in a way that avoids call blocking unless Paging Provider signs a
Single Point of Presence Waiver as found in Exhibit A of this amendment.
Paging Provider will request trunking from each local tandem serving the rate
center it has designated for its NXX codes as listed in the LERG. When there
is a DS1 of traffic (512 CCS/Centum Call Second) between a Qwest end
office and a Qwest tandem , Qwest may establish a direct trunk group, except
for the portion of the facilities used to carry Third Party Traffic, between the
Qwest end office and Paging Provider s POI.
Where (Paging Provider) requests trunking for SPOP in the LATA that
exceeds fifty (50) miles, Qwest reserves the right to request negotiation of a
mid-build meet point.
SPOP in the LATA cannot be used in conjunction with existing Paging
Provider Type 2 trunking that connects to Qwest's end office switches with
tandem functionality. Where such trunking exists and Paging Provider
requests SPOP, the Parties will deactivate the original trunks.
The Type 2 SPOP facility cannot be used to access unbundled network
elements.
SPOP in a LATA is available only where facilities are available. Qwest is not
obligated to construct new facilities to provide SPOP in the LATA.
Ordering
SPOP in the LATA may be requested based on the standard process for
paging. See Qwest Product Catalog for Type 2 service.
ID/Amendment to CDS-O21212-0030
EXHIBIT A TO AMENDMENT
SINGLE POINT OF PRESENCE WAIVER FOR PAGING PROVIDERS
This Qwest SPOP Waiver only applies to Paging Providers that provide one-way, land-
to-mobile service.
Qwest will waive the requirement for Paging Provider to connect to each Qwest Access
Tandem in the LATA with this waiver amendment.
Paging Provider certifies that it will not establish any NXX. codes in a rate center
subtending the Qwest Access Tandems for which Paging Provider seeks a waiver.
Paging Provider will notify Qwest of the Qwest access tandems subject to this waiver at
the time of requesting trunks required to implement SPOP in the LATA. Paging Provider
will provide thirty (30) days written notice to Qwest requesting any changes in the
network configuration of the aforementioned access tandems.
If Paging Provider does not request Qwest to provide trunking to a Qwest Access
Tandem in a LATA, calls originated from an end office subtending that tandem will not
be delivered to Paging Provider on a local basis , but calls will be delivered to Paging
Provider on a 1 + (toll) basis.
Should misrouted traffic occur, Qwest will consider this waiver null and void and all
requirements in Attachment 1 or in the Underlying Agreement currently in effect between
the Parties will be reinstated.
Ie/Amendment to CDS-O21212-0030