20040623Amendment.pdf

RECEIVED
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ill
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
Hf),1 Plt "\ LIJULj u iJf~ ,-PM. 3:
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UTiL:'fiES Ceirlt"l/S'SION
Dave Bartlett
IDACOMM, Inc.
350 North Mitchell Street
Boise, DID 83704
Telephone: [phone]
db art 1 ett~v el oci tus .net
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND IDACOMM, INC.
FOR APPROVAL OF A WIRE LINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 V.C. ~252(E)
CASE NO.: QWE-O3-
APPLICATION FOR APPROVAL OF
AMEND MENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and IDACOMM, Inc. ("IDACOMM") hereby jointly file
this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"
which was approved by the Idaho Public Utilities Commission on August 28, 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
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 APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Boise-172668.1 0029164-00016
IDACOMM 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
IDACOMM to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
IDACOMM 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 22nd day of June, 2004.
Qwest CorporationA~~(h,~
Mary S. son
Stoel Rives LLP, Attorneys for Qwest
and
Dave Bartlett
IDACOMM, Inc.
APPLICATION FOR APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-172668.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 22nd day of June, 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 ewe1l~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Dave Bartlett
IDACOMM, Inc.
350 North Mitchell Street
Boise, ID 83704
Telephone: [phone]
dbartlett~veloci tus .net
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Lf1~~
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-172668.1 0029164-00016
Collocation Available Inventory Amendment
to the
Interconnection Agreement
between
Qwest Corporation
and
IDACOMM , Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"
) ,
Colorado corporation , and IDACOMM, Inc. ("CLEC"), an Idaho
corporation.
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho , that was executed and filed with the Idaho Public Utilities Commission ("Commission ) in
August of 2003, and is currently awaiting Commission approval ("Agreement"); and
WHEREAS , the Parties wish to amend the 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 Agreement is hereby amended by adding the terms, conditions and rates for Collocation
Available Inventory, as set forth in Attachment 1 and Exhibit A, attached hereto and
incorporated herein.
Rates in Exhibit A will 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.
Amendments; Waivers
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
September 8, 2003/msd/lDACOMM/Colio Availlnv/ID
Amendment to CDS-O30730-0009
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
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.
IDACOMM, Inc.
Signature
!~~
vJ~L,~\'0
Name Printe . yped
~ ",
1),(. of E-n
Title
61/b(
Date
Signature
L. T. Christensen
Name Printed/Typed
Director - Business Policy
Title
rg//S Ipy
Date
September 8 , 2003/msd/lDACOMM/Colio Availlnv/lD
Amendment to CDS-O30730-0009
ATTACHMENT
ATTACHMENT
COLLOCATION AVAILABLE INVENTORY
Description
Collocation Available Inventory provides the terms and conditions under which (1) CLEC
can purchase returned Collocation sites and elements ("Qwest Postings ) and (2) CLEC may
post CLEC controlled sites that are available for a Transfer Of Responsibility ("CLEC Postings
Available sites will be posted on the "Collocation Classified" web site: http://www.qwest.com/cgi-
bi n/wholesale/collocation. cg
Qwest Postings: Collocation sites available on the Qwest Available Inventory list
may be totally or partially completed before being returned to Qwest inventory. Both
caged and cageless sites will be offered on the inventory list. Sites will be offered "
, WHERE IS.
CLEC Postings: Available sites listed in the "CLEC Postings" section of the
Collocation Classifieds are eligible for Transfer to an assuming CLEC with or without
working circuits as described in the Collocation Transfer of Responsibility Product
offering.
The "Collocation Classified" web site refers to a tool used by CLEC and Qwest to
post listings of available collocation sites. The site contains Qwest Postings and CLEC
Postings.
Terms and Conditions
The offering of a Collocation site from the Qwest Available Inventory list shall be limited
to the offering of a specified site in Qwest's control to CLEC that either: (i) has a commission-
approved Interconnection Agreement covering the specific type of Collocation to be obtained or
(ii) is currently in negotiations with Qwest for such an Agreement. CLEC obtaining a Collocation
site from the Qwest Available Inventory must not have any overdue financial obligations owed to
Qwest pertaining to Collocation. Formally disputed charges will be treated as an exception.
The assuming CLEC for all Qwest posted sites will be required to pay a minimum of six
(6) months of Space Construction and Floor Space Lease recurring charges should the CLEC
terminate its rights of occupancy prior to six (6) months of occupancy.
Standard Sites
Qwest Postings: Collocation sites available in the Qwest Postings may be
partially or fully completed before being returned to Qwest inventory. Both caged and
cageless sites will be offered in the Qwest Collocation Postings section. Sites will be
offered under the terms and conditions set forth in CLEC's Interconnection Agreement.
In its Collocation application for such a site, CLEC may request to add to or complete the
Collocation site to the CLEC's specifications. In CLEC Collocation application for such
a site , CLEC may also request that Qwest reduce cable terminations. CLEC will be
charged for the removal of such cable terminations.
September 8, 2003/msd/lDACOMM/Collo Availlnv/ID
Amendment to CDS-O30730-0009
ATTACHMENT
All services that were previously connected to the Collocation (e.g. Unbundled
Network Elements, CLEC to CLEC connections, administrative lines, Finished Services
Line Splitting and Line Sharing, etc.) will be disconnected before the site is listed on the
Qwest Postings" section of the Collocation Classifieds. Power, Grounding for caged
sites and Entrance Facilities are also disconnected prior to a site being posted. Qwest
shall inventory all Reusable and Reimbursable Elements and list them in the Qwest
Postings. Shared resources including HV AC and racking will not be listed in the Qwest
postings. When other Collocation space is not available, Qwest reserves the right to
remove Qwest postings from the Available Inventory web site to satisfy CLEC
Applications for Collocation , for Qwest space requirement needs , or for CLEC
Collocation augments to existing sites. Qwest shall not use the Qwest Postings as a
basis to claim exhaust (space, power, terminations, etc.) in any Qwest Premises.
Qwest will provide CLEC with a feasibility study within ten (10) Calendar Days
after receipt of the application. Qwest will provide CLEC with a quote within twenty-five
(25) Calendar Days after providing the feasibility study. Price quotes will be honored for
thirty (30) Calendar Days from the date the quote is provided and the associated space
is reserved during such period , pending CLEC's acceptance of the quoted charges.
3.4 CLEC must pay the initial fifty percent (500/0) of the quoted nonrecurring charges
to Qwest within thirty (30) Calendar Days of receiving the quote. If the payment is not
received by Qwest within such thirty (30) Calendar Day period, the quote will expire and
the requested site will be returned to Qwest inventory. The CLEC will be charged a QPF
for work performed up to the point of expiration or non-acceptance of the quote.
2.4 Special Sites:
2.4.Qwest may elect to offer Collocation sites returned through Chapter 7 bankruptcy
or abandonment. These sites "Special Sites" will not be decommissioned and may be
offered with Electronic Equipment (Equipment), Equipment Racks, Cages, DC power
Grounding and Terminations. These Special Sites will be posted in the Qwest Available
Inventory posting under "Unverified sites with equipment"
2.4.2 CPMC will verify whether the requested site is still available for acquisition by
conducting a feasibility study within ten (10) Calendar Days after receipt of the
application. If the site is not available the CPMC will notify the CLEC in writing. If the site
is available a site survey will be arranged with the CLEC and Qwest State Interconnect
Manager (SICM). Upon completion of the survey Qwest will prepare a quote based on
the site inventory and any requested modifications to the site. CLEC must pay in full one
hundred percent (1000/0) of the quoted nonrecurring charges to Qwest within thirty (30)
Calendar Days of receipt of the quote. If Qwest does not receive the payment within
such thirty (30) Calendar Day period , the quote will expire and the requested site will be
returned to Qwest inventory. The CLEC will be charged a QPF for work performed up to
the point of expiration or non-acceptance of the quote.
2.4.3 Upon receipt of the full payment for the quoted nonrecurring charges, Qwest will
begin the establishment of the site records and the complete the job build-out. The
interval shall be forty-five (45) Days for completion of the site from receipt of payment. In
the event that the CLEC requires Qwest to install Augments (additional services) to the
September 8 , 2003/msd/lDACOMM/Colio Availlnv/lD
Amendment to CDS-O30730-0009
ATTACHMENT
existing site, the interval will revert to the intervals defined in the assuming CLEC'
Interconnect Agreement.
2.4.4 For Special Sites; IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT
QWEST IS SELLING EQUIPMENT THAT IS CLASSIFIED AS "USED" OR "SURPLUS"
EQUIPMENT ON AN "AS IS, WHERE IS" BASIS. CLEC UNDERSTANDS AND
AGREES THAT ALL EQUIPMENT IS CONVEYED (I) IN AN "AS IS" "WHERE IS"
CONDITION WITH ALL FAULTS , LATENT AND PATENT AND (II) ALL EQUIPMENT IS
CONVEYED WITHOUT ANY QWEST WARRANTIES OR REPRESENTATIONS OF
ANY KIND EXPRESS OR IMPLIED , INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT OR IMPLIED BY A PARTICULAR COURSE OF
DEALING.
2.4.4.1 All software and software license agreements for any Equipment
conveyed as part of a Special Site shall be the sole responsibility of the
assuming CLEC.
2.4.4.CLEC hereby warrants and certifies that its handling, scrap, destruction
or other disposition of any Equipment conveyed as part of a Special Site shall
conform and comply with the following.
a) All applicable federal, state, county and municipal laws, statutes
regulations , and codes regulating hazardous wastes, materials or
substances , including, but not limited to the Toxic Substances Control
Act (TSCA) (15 U.C. 2601 et seq.); the Resource Conservation and
Recovery Act (RCRA) (42 U.C. 6901 et seq.); Hazardous Materials
Transportation Act (HMTA) (49 U.C. 1801 et seq.
);
Occupational
Safety and Health Act (OSHA) (29 U.C. 651 et seq.); Comprehensive
Environmental Response , Compensation and Liability Act
(CERCLA)(42 U.C. 9601 et seq.); and any successor acts thereto orthe regulations promulgated thereunder and any applicable
International laws and regulations;
b) Environmental rules and regulations governing environmental
impacts associated with the production and or recovery of precious
metals, scrap metals and material processing and or residual material
disposition whether hazardous or non-hazardous as defined by
governing laws and or applicable laws and are the sole responsibility of
the CLEC; and
c) All hazardous waste, hazardous material, hazardous substances
or solid waste manifests relating to the shipping, receiving, disposal or
final disposition of the Equipment shall not reference, list or otherwise
indicate on the manifest that Qwest is the generator, arranger
transporter, owner or otherwise the party that owns, controls, manages
handles, stores, generates or otherwise uses the Equipment. On any
required hazardous waste , hazardous material , hazardous substances
or solid waste manifest relating to the shipping, receiving, disposal or
September 8, 2003/msd/lDACOMM/Colio Avail I nv/l 0
Amendment to CDS-O30730-0009
ATTACHMENT
final disposition of the Equipment, the CLEC shall be listed as the
generator, arranger and owner of the materials.
d) The CLEC shall comply with the applicable Qwest Technical
Publications as defined in the CLEC's Interconnection Agreement when
removing any equipment from a Special Site.
CLEC Posting: Sites listed in the "CLEC Postings" section are eligible for Transfer Of
Responsibility to an assuming CLEC. Sites may be offered with or without working circuits. The
terms and conditions for the Transfer of Responsibility shall be in accordance with the Transfer
of Responsibility Product offering.
Rate Elements
Pricing for sites listed within the Qwest Available Inventory list will be provided on a site-
specific basis. Pricing shall be in accordance with the Interconnection Agreement of the
assuming CLEC. Vacating CLEC'may receive a potential refund from sale
available/discounted sites based on outstanding Nonrecurring charges, amounts for
reimbursable elements and transfer fees.
The following items are charged to a CLEC purchasing a "Standard site" from the Qwest
Available Inventory List. Charges will be provided to a CLEC via a quote that requires the
CLEC's acceptance before work begins.
Quote Preparation Fee (QPF) Found in CLEC'existing Interconnection
Agreement for a each specific type of Collocation site.
Reusable Elements are those Qwest inventoried components used to provision
the Collocation site. The quote will be for all components used to install the Collocation
space. These elements include Qwest inventoried components (i.e. cage, bays, HV AC
cable racking) to provision the original Collocation site.
Nonrecurring Collocation Rate Elements that are reused , will be
available at a 500/0 discount to an assuming CLEC.
Reimbursable Elements are those which are not subject to a discount to the
assuming CLEC. This includes any reusable termination cabling that is part of the
available site. Reimbursable Elements considered for a potential refund are , Digital
Signal Level 0 (DSO) termination cabling, Level 1 (DS1) termination cabling, Level 3
(DS3) termination cabling, and fiber terminations (excluding entrance that run from vault
directly to Collocation site, i.e. Express Fiber Entrances).
Special Site Rates: The following items are charged to an assuming CLEC for a Special
Site from the Qwest Postings. Charges will be provided to a CLEC via a quote that requires the
CLEC's acceptance before Qwest begins work.
Site Survey Fee: A non-refundable site survey fee for a formal site survey visit
with the CLEC per Exhibit A. Payment is to be submitted in conjunction with the
Collocation Application for a Special Site.
September 8 , 2003/msd/lDACOMM/Colio Availlnv/lD
Amendment to CDS-O30730-0009
ATTACHMENT
Quote Preparation Fee (QPF). The QPF for Special Sites will be a flat rate fee
per Exhibit A. If the assuming CLEC requires Augments (additional services) to the
existing site the QPF will revert to the rate defined in the CLEC'Interconnection
Agreement.
Non recurring Collocation Rate Elements: Include all Reusable elements defined
above, DC Power, grounding and terminations. Special sites will be offered at a flat 500/0
discount to an assuming CLEC based on the rates in its current Interconnection
Agreement. Augments (additional services) or changes to the sites will not
discounted and will be charged at the rates as defined in the CLEC's Exhibit A of their
Interconnect Agreement or Exhibit A of this document, payable in full prior to
commencement of work.
3.4 Network Assessment Fee for transfer of existing circuits to the assuming CLEC
per Exhibit A.
Any Equipment contained in the site will be conveyed at a $0.00 charge.
3.4 Recurring charges for all Products and Services will be charged at rates listed in the
assuming CLEC's Exhibit A of their Interconnection Agreement without a discount.
MN state specific language: Rates will be trued up to the Commission ordered
Interconnection Agreement rates from cost proceedings.
Ordering
CLEC must submit a "Owest Collocation Application Form (new , change or augment)"
on the Qwest web at: http://www.qwest.com/whoiesale/pcaticollocation.htmi
The "submit" date for the Collocation Available Inventory request will commence on the
date that the Wholesale Project Manager (WPM) notifies the Collocation Project Management
Center (CPMC) that all prerequisites for this request to have been met.
Qwest will process the Available Inventory Request pursuant to the Collocation Intervals
in the CLEC's Interconnection Agreement.
Special Site interval will be 45 Calendar Days form the receipt of payment.
4.4 For purposes of first-come, first-served determination of availability, priority will be
defined by the date and time the complete application is received by rfsmet~qwest.com.
CLECs should submit an alternative option when requesting an available site by
populating the "Second Choice" and/or "Third Choice" tabs included on the Qwest Collocation
Application Form. This will prevent the possible cancellation of the submitted application in the
event that the first choice is no longer available.
September 8, 2003/msd/lDACOMM/Colio Availlnv/lD
Amendment to CDS-O30730-0009
EXHIBIT A
IDAHO - EXHIBIT A
COLLOCATION AVAILABLE INVENTORY
STANDARD SITES
Charge for removal of Terminations
DSO (per 100)
DS1 (per termination)
DS3 (per termination)
OCN (per 12 fibers)
1GB
1GB
1GB
1GB
Quote Preparation Fee - Cageless
Quote Preparation Fee - Caged
SPECIAL SITES
QPF
Network Assessment Fee
Site Survey
575.
912.
$1058.
$1663.
$150.
Reusable Elements 50% Discount
(1) Rates proposed in Cost Docket testimony filed on 6/29/01 & 11/16/2001. (TELRIC)
(2) The preliminary engineering and planning costs are included in the caged and cageless space
construction charges. These engineering and planning charges are also included in the caged and
cageless quote preparation fees. Upon completion of the collocation construction, the quote
preparation fee (QPF) will be credited to the final space construction charge for the collocation job.
The credit will apply to whichever QPF is applied. This exhibit currently lists multiple QPFs based on
what has been proposed on the cost docket and what was approved in the AT&T interconnection
agreement. CLEC may choose either QPF at this time.
(3) From Idaho SGAT, Exhibit A (Section 8.0 - Collocation), dated 10/16/02.
September 8, 2003/msd/lDACOMM/Collo Availlnv/ID
Amendment to CDS-O30730-0009