HomeMy WebLinkAbout20030919Application.pdf"Trr:I\lED
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Mary S. Hobson (ISB# 2142) Stoel Rives LLP ZOG3 St.P \ 1 Pi') 4: 3
101 South Capitol Boulevard - Suite 1900
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Boise, ill 83702
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; r~ci'J';~ SS\OHI...., I~V vTelephone: (208) 389-9000
Facsimile: (208) 389-9040
mshobsonC0stoe1.com
Charlie Creason
Project Mutual Telephone Cooperative Assoc.
507 G Street
Rupert, ill 83350
(208) 434-7121
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND PROJECT MUTUAL
TELEPHONE COOPERATIVE
ASSOCIATION, INe. FOR APPROVAL OF
THE INTERCONNECTION AGREEMENT
FOR THE STATE OF IDAHO PURSUANT TO
47 u.S.e. 9252(E)
CASE NO.
tt:W E- 7- tJ 1":;;
APPLICATION FOR APPROVAL OF
THE RESALE AGREEMENT
Qwest Corporation ("Qwest") and Project Mutual Telephone Cooperative Association
Inc. ("Project") hereby jointly file this Application for Approval of the Resale Agreement
Agreement"). A copy of this Agreement is submitted herewith.
This Agreement 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 agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
Project and Qwest respectfully submit that this Agreement provides no basis for either of
these findings, and, therefore jointly request that the Commission approve this Agreement
APPLICATION FOR APPROVAL OF THE RESALE AGREEMENT-
Boise-161876.l 0029164-00016
Page 1
expeditiously. This Agreement 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 Agreement will enable
Project to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Project and Qwest further request that the Commission approve this Agreement without a
hearing. Because this Agreement 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 17th day of September, 2003.
Qwest Corporation
obson
es LLP, Attorneys for Qwest
and
Charlie Creason
Project Mutual Telephone Cooperative Association, Inc.
APPLICATION FOR APPROVAL OF THE RESALE AGREEMENT -
Boise-161876.10029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 1 ih day of September, 2003 , I served the foregoing
APPLICATION FOR APPROVAL OF THE RESALE 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
i i ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Charlie Creason
Project Mutual Telephone Cooperative
Association, Inc.
507 G Street
Rupert, ill 83350
(208) 434-7121
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Luba Hromyk
Qwest Communications International, Inc.
Legal Department / Contract Development and
Services
1801 California - Room 3800
Denver, CO 80202
Telephone: (303) 672-2803
Facsimile: (303) 672-2755
lhromvkC0qwest.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
)f! 0t~Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICA nON FOR APPROVAL OF THE RESALE AGREEMENT -
Boise-161876.l 0029164-00016
Page 3
Resale Amendment
to the Interconnection Agreement between
Qwest Corporation and
Project Mutual Telephone Cooperative Association, Inc.
for the State of Idaho
This is an Amendment ("Amendment") for Resale to the Interconnection Agreement between
Qwest Corporation ("Qwest") , formerly known as US WEST Communications, Inc., a Colorado
corporation, and Project Mutual Telephone Cooperative Association , Inc. ("Project"). Project
and Qwest shall be known jointly as the "Parties
RECITALS
WHEREAS , Project and Qwest entered into an Interconnection Agreement ("Agreement") for
service in the state of Idaho which was approved by the Idaho Public Utilities Commission
Commission ) on January 19, 1999; 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 Resale Services
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; however, the
Parties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need , Project must generate if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be completed
by Qwest. Project will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
Further Amendments
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.
May 27, 200311hd/Project Mutal/Resale Amend/lD
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
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, 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, but all of which shall
constitute one and the same instrument.
Project Mutal Telephone
Cooperative Association, Inc.
Zk-.rkJ If. en,aJ'&7t J/".
Name PrintedlTyped
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Qwest Corporation
TCL~
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Signature
L. T. Christensen
Name PrintedlTyped
9/z.,/o3
Director - Business Policy
Title
1I~!o
Date
Title
Date
May 27, 200311hd/Project Mutal/Resale Amend/lD
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
ATTACHMENT 1
ATTACHMENT 1
Section 6.0 - RESALE
Description
Qwest shall offer for resale at wholesale rates any Telecommunications Services
that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the
terms and conditions of this Amendment. All Qwest retail Telecommunications Services are
available for resale from Qwest pursuant to the Act and will include terms and conditions
(except prices) in Qwest's applicable product Tariffs , catalogs, price lists, or other retail
Telecommunications Services offerings. To the extent, however, that a conflict arises between
the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications
Services offering and this Amendment, this Amendment shall be controlling.
While this Amendment addresses the provision of certain Qwest services to Project
for resale by Project, the Parties also acknowledge that Project is required to provide its
Telecommunications Services to Qwest for resale by Qwest. Upon request by Qwest, Project
shall make its Telecommunications Services available to Qwest for resale pursuant to the
applicable provisions of the Telecommunications Act of 1996, the FCC's relevant orders and
rules, and the Commission s relevant orders and rules.
Certain Qwest services are not available for resale under this Amendment, as
noted in Section 6.2. The applicable discounts for services available for resale are
identified in Exhibit A.
Terms and Conditions
Qwest shall offer introductory training on procedures that Project must use to
access Qwest's OSS at no cost to Project. If Project asks Qwest personnel to travel to Project's
location to deliver training, Project will pay Qwest's reasonable travel related expenses. Qwest
may also offer to Project other training at reasonable costs.
Services available for resale under this Amendment may be resold only to the
same class of End User to which Qwest sells such services where such restrictions have been
ordered or approved by the Commission. Such restrictions are listed below in this Section
Promotional offerings of ninety (90) days or less are available for resale.
Such promotions are available for resale under the same terms and conditions that
are available to Qwest retail End Users , with no wholesale discount. Should Qwest
re-offer any promotion for a sequential ninety (90) day or less promotion period
following the initial ninety (90) day or less promotion period, then the initial and
subsequent promotion(s) will be available to Project for resale with any applicable
wholesale discount.
Market Trials of ninety (90) days or less are not available for resale.
May 27, 2003/1hd/Project Mutal/Resale Amend/lD
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
ATTACHMENT 1
Residential services and Lifeline/Link-up services are available only to the
same class of End User eligible to purchase these services from Qwest.
2.4 Universal Emergency Number Service is not available for resale.
Universal Emergency Number Service (E911/911 service) is provided with each
Local Exchange Service line resold by Project whenever E911/911 service would
be provided on the same line if provided by Qwest to a Qwest retail End User.
5 Non-Telecommunications Services such as inside
maintenance, calling cards and CPE , are not available for resale.
wiring and
Voice messaging service is available for resale at the retail rate with no
discount. Enhanced services and Information Services other than voice
messaging are not available for resale.
Qwest will make retail Contract Service Arrangements (CSA) available for
resale at the wholesale discount rate specified in Exhibit A of this Amendment. All
terms and conditions (except prices) in Qwest's applicable Tariffs , catalogs, price
lists, or other retail Telecommunications Services offerings will apply to resale of
CSAs, including early termination liability. Nothing in this Amendment shall affect
any obligation of any Qwest retail End User that early terminates a CSA, including
payment of any early termination charges. Where Project seeks to continue
serving a Customer presently served through a resold Qwest CSA, but wishes to
provide such service through alternate resale arrangements , Qwest shall provide
Project the same waivers of early termination liabilities as it makes to its own End
Users in similar circumstances. In any case where it is required to offer such a
waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially
the same assurances and benefits that remained to it under the resold agreement
as of the time it is changed.
Grandfathered services are available for resale by Project to existing End
Users of the grandfathered product or service.
Centrex terms and conditions related to calculation of charges for, and
Provisioning of common blocks, station lines and optional features will be based on
the Centrex definition of a system and a Project's serving location.
Where a common block is applicable, a Centrex system is
defined by a single common block or multiple common blocks for a
single Project within a single Central Office switching system.
common block defines the dialing plan for intercom calling, access to
the Public Switched Network and/or private facilities , station line and
system restrictions and feature access arrangements and functionality.
Project may purchase multiple common blocks within a single Central
Office switching system when Project requires different dialing plans
feature access arrangements and station line or system restrictions
within a single system operation. Project with multiple common blocks
within the same Central Office Switch may have Network Access
Register and Private Facility trunk groups aggregated across multiple
May 27, 2003/lhd/Project MutallResale Amend/ID
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
ATTACHMENT 1
common blocks. Centrex system based optional features (Le.
Automatic Route Selection) may not be aggregated across multiple
common blocks. A Centrex system must provide station lines to at least
one location and may provide station lines to multiple locations.
Centrex station lines are provisioned and charges are
calculated based on serving Project's location. A location is defined as
the site where Qwest facilities (cable plant from the serving Central
Office Switch) meet Project facilities (inside wire). In a multi-tenant
building, Qwest may bring facilities directly to a single Point of
Interconnection with Project facilities, typically in a basement equipment
room , which would be considered a single location for this multi-tenant
building. Should Qwest bring service to multiple floors or offices within
a multi-tenant building each floor or office with a separate Project
facilities termination point is considered a location. A Project with
multiple buildings within contiguous property (campus) will be
provisioned and billed as a single location. Contiguous property is
defined as property owned or leased by a single Project and not
separated by public thoroughfare river or railroad rights-of-way.
Property will be considered contiguous when connected via connecting
passageways or conduit acceptable to Qwest for its facilities. A Project
with Centrex station lines from multiple Central Office switching
systems , within the same Qwest Wire Center, and provisioned to the
same location will not be charged for service or provisioned as if service
was originating from a single Centrex system. For example, station
lines may only be aggregated from a single Centrex Project system to a
single Project serving location for rating purposes. Project may not
specify a Central Office as a Project location for the termination of
Centrex station lines.
10 Private line service used for Special Access is available for resale but
not at a discount.
Reserved for Future Use.
12 Telecommunications Services provided directly to Project for its own
use and not resold to End Users must be identified by Project as such , and Project
will pay Qwest retail prices for such services.
Qwest shall provide to Project Telecommunications Services for resale that are at
least equal in quality and in substantially the same time and manner that Qwest
provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and
Qwest's retail End Users. Qwest shall also provide resold services to Project in
accordance with the Commission retail service quality requirements, if any.
Qwest further agrees to reimburse Project for credits or fines and penalties
assessed against Project as a result of Qwest'failure to provide service to
Project, subject to the understanding that any payments made pursuant to this
provision will be an offset and credit toward any other penalties voluntarily agreed
to by Qwest as part of a performance assurance plan , and further subject to the
May 27, 2003/1hd/Project Mutal/Resale Amend/lD
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
ATTACHMENT 1
following provisions:
Qwest shall provide service credits to Project for resold services in
accordance with the Commission s retail service requirements that apply to Qwest
retail services, if any. Such credits shall be limited in accordance with the
following:
a) Qwest's service credits to Project shall be subject to the wholesale
discount;
b) Qwest shall only be liable to provide service credits in accordance
with the resold services provided to Project. Qwest is not required to
provide service credits for service failures that are the fault of the
Project;
Intentionally Left Blank.
Intentionally Left Blank.
e) In no case shall 'Qwest's credits to Project exceed the amount
Qwest would pay a Qwest End User under the service quality
requirements, less any wholesale discount applicable to Project's resold
services; and
f) In no case shall Qwest be required to provide duplicate
reimbursement or payment to Project for any service quality failure
incident.
Fines and Penalties - Qwest shall be liable to pay to Project fines and
penalties for resold services in accordance with the Commission s retail service
requirements that apply to Qwest retail services, if any. Such credits shall be
limited in accordance with the following:
a) Qwest's fines and penalties paid to Project shall be subject to the
wholesale discount;
b) Qwest shall only be liable to provide fines and penalties in
accordance with the resold services provided to Project. Qwest is not
required to pay fines and penalties for service failures that are the fault
of the Project;
Reserved for Future Use.
d) In no case shall Qwest's fines and penalties to Project exceed the
amount Qwest would pay the Commission under the service quality
plan, less any wholesale discount applicable to Project's resold
services; and
In no case shall Qwest be required to provide duplicate
May 27, 2003/lhd/Project Mutal/Resale Amend/ID
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
ATTACHMENT 1
reimbursement or payment to Project for any service quality failure
incident.
2.4 In the event that there are existing agreements between Project and Qwest for
resale under Qwest retail Tariff discounts , Project may elect to continue to obtain
services for resale under the existing agreements and retail Tariff discounts, or
Project may elect to terminate such existing agreements and obtain such services
by adopting this Amendment pursuant to the General Terms of the Agreement.
Project so adopts this Amendment, the associated wholesale discount specified in
Exhibit A of this Amendment will apply.
Reserved for Future Use.
The Parties may not reserve blocks of telephone numbers except as allowed by
Applicable Law or regulation.
Qwest will accept at no charge one primary white pages Directory Listing for each
main telephone number belonging to Project's End User based on End User information
provided to Qwest by Project. Qwest will place Project's End Users ' listings in Qwest's
Directory Assistance Database and will include such listings in Qwest's Directory Assistance
Service. Additional terms and conditions with respect to Directory Listings are described in the
Ancillary Services Section and the Qwest Dex Section of the Agreement.
Qwest shall provide to Project, for Project's End Users, E911/911 call routing to the
appropriate Public Safety Answering Point (PSAP). Qwest shall not be responsible for any
failure of Project to provide accurate End User information for listings in any databases in which
Qwest is required to retain and/or maintain such information. Qwest shall provide Project's EndUser information to the Automatic Location Identification/Database Management System
(ALI/DMS). Qwest shall use its standard process to update and maintain Project's End User
service information in the ALlIDMS used to support E911/911 services on the same schedule
that it uses for its retail End Users. Qwest assumes no liability for the accuracy of information
provided by Project.
If Qwest provides and Project accepts Qwest's Directory Assistance Service or
operator services for Project's resold Local Exchange Service lines , such Directory Assistance
and operator services may be provided with branding as provided in the Agreement.10 Project shall designate the Primary Interexchange Carrier (PIC) assignments on
behalf of its End Users for InterLATA and IntraLATA services. Project and Qwest shall follow all
Applicable Laws, rules and regulations with respect to PIC changes. Qwest shall disclaim any
liability for Project's improper InterLATA and IntraLATA PIC change requests , and Project shall
disclaim any liability for Qwest's improper InterLATA (when applicable) and IntraLATA PIC
change requests.
11 When End Users switch from Qwest to Project, or to Project from any other
Reseller and if they do not change their service address to an address served by a different
Central Office, such End Users shall be permitted to retain their current telephone numbers if
they so desire.
May 27, 2003/lhd/Project Mutal/Resale AmendllD
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
ATTACHMENT 1
12 In the event Qwest properly terminates the Provisioning of any resold services to
Project for any reason Project shall be responsible for providing any and all necessary notice to
its End Users of the termination. In no case shall Qwest be responsible for providing such
notice to Project's End Users. Qwest will provide notice to Project of Qwest's termination of a
resold service on a timely basis consistent with Commission rules and notice requirements.
13 The underlying network provider of a resold service shall be entitled to receive
from the purchaser of Switched Access, the appropriate access charges pursuant to its then
effective Switched Access Tariff.
Resold services are available where facilities currently exist and are capable of
providing such services without construction of additional facilities or enhancement
of existing facilities. However, if Project requests that facilities be constructed or
enhanced to provide resold services, Qwest will construct facilities to the extent
necessary to satisfy its obligations to provide basic Local Exchange Service as set
forth in Qwest's Tariff and Commission rules. Under such circumstances, Qwest
will develop and provide to Project a price quote for the construction. Construction
charges associated with resold services will be applied in the same manner that
construction charges apply to Qwest retail End Users. If the quote is accepted by
Project, Project will be billed the quoted price and construction will commence after
receipt of payment.
Rates and Charges
Wholesale discounts for resold Telecommunications Services offerings are
provided in Exhibit A. The Telecommunications Services offerings available for resale but
excluded from the wholesale pricing arrangement in the Agreement are available at the retail
Tariff, price list catalog, or other retail Telecommunications Services offering rates.
Telecommunications Services available for resale with or without a wholesale discount are
subject to Commission-approved change , and any such changes shall apply from the effective
date of such change on a going-forward basis only.
The Customer Transfer Charges (CTC) as specified in Exhibit A apply when
transferring services to Project.
A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to
End Users, will continue to be paid by Project without discount for each local exchange line
resold under this Amendment. All federal and state rules and regulations associated with SLC
as found in the applicable Tariffs also apply.3.4 Project will pay to Qwest the Primary Interexchange Carrier (PIC) change charge
without discount for Project End User changes of Interexchange or IntraLATA Carriers. Any
change in Project's End Users ' Interexchange or IntraLATA Carrier must be requested by
Project on behalf of its End User, and Qwest will not accept changes to Project's End Users
Interexchange or IntraLATA Carrieres) from anyone other than Project.
Project agrees to pay Qwest when its End User activates any services or features
that are billed on a per use or per activation basis (e., continuous redial, last call return, call
back calling, call trace) subject to the applicable discount in Exhibit A as such may be amended
May 27, 2003/lhd/Project Mutal/Resale Amend/ID
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
ATTACHMENT 1
pursuant to this Amendment. With respect to all such charges , Qwest shall provide Project with
sufficient information to enable Project to bill its End Users.
Miscellaneous Charges applicable to services ordered for resale by Project will
apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End
Users, except that Project will receive any applicable wholesale discount. Such Miscellaneous
Charges include charges listed in the applicable Tariff.
If the Commission orders additional services to be available for resale , Qwest will
revise Exhibit A to incorporate the services added by such order via an Amendment , effective
on the date ordered by the Commission. If the Commission indicates those additional services
must be available for resale at wholesale discount rates , those additional services will be added
to this Amendment at the original Amendment wholesale discount rate.
Qwest shall timely bill new or changed Commission-ordered resale rates
charges using the effective date for such rates or charges as ordered by the Commission. If
Qwest bills Project amounts different from new or changed rates or charges after the effective
date of such rates or charges, Qwest shall make appropriate bill adjustments or provide
appropriate bill credits on Project's bill(s).
If rates for services resold by Project under this Amendment change , based on
changes in Qwest's Tariffs , catalogs, price lists or other retail Telecommunications Services
offerings, charges billed to Project for such services will be based upon the new Tariff, catalogs
price lists , or other retail Telecommunications Services offerings rates less the applicable
wholesale discount, if any, as agreed to herein or as established by Commission order. The
new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail
Telecommunications Services offerings.10 Product-specific nonrecurring charges as set forth in Qwest's applicable Tariffs
catalogs, price lists , or other retail Telecommunications Services offerings will apply when new
or additional resold services are ordered and installed at Project's request for use by Project's
End Users. Such nonrecurring charges will be subject to the wholesale discount, if any, that
applies to the underlying service being added or changed.
Ordering Process
6.4.1 Project, or Project's agent , shall act as the single point of contact for its End Users
service needs, including without limitation, sales, service design, order taking, Provisioning,
change orders, training, maintenance, trouble reports , repair, post-sale servicing, Billing,
collection and inquiry Project's End Users contacting Qwest in error will be instructed to contact
Project; and Qwest's End Users contacting Project in error will be instructed to contact Qwest.
In responding to calls, neither Party shall make disparaging remarks about each other. To the
extent the correct provider can be determined , misdirected calls received by either Party will be
referred to the proper provider of Local Exchange Service; however, nothing in this Amendment
shall be deemed to prohibit Qwest or Project from discussing its products and services with
Project's or Qwest's End Users who call the other Party seeking such information.
6.4.Project shall transmit to Qwest all information necessary for the ordering (Billing,
May 27, 2003/1hd/Project MutallResale Amend/lD
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
ATTACHMENT 1
listing and other information), installation, repair, maintenance and post-installation servicing
according to Qwest's standard procedures , as described in the Qwest Product Catalog PCA T
available on Qwest's public web site located at http://www.qwest.com/whoiesale/pcat.
Information shall be provided using Qwest's designated Local Service Request (LSR) format
which may include the LSR, End User and resale forms.
6.4.3 Qwest will use the same performance standards and criteria for installation
Provisioning, maintenance, and repair of services provided to Project for resale under this
Amendment as Qwest provides to itself, its Affiliates , its subsidiaries, other Resellers, and
Qwest retail End Users. The installation, Provisioning, maintenance, and repair processes for
Project's resale service requests are detailed in the Support Functions Section of the
Agreement, and are applicable whether Project's resale service requests are submitted via
Operational Support System or by facsimile.
6.4.4 Project is responsible for providing to Qwest complete and accurate End User
listing information including initial and updated information for Directory Assistance Service
white pages directories , and E911/911 Emergency Services. The Ancillary Services Section of
the Agreement contains complete terms and conditions for listings for Directory Assistance
Service, white pages directories, and E911/911 Emergency Services.
6.4.If Qwest's retail End User, or the End User s new local service provider orders the
discontinuance of the End User s existing Qwest service in anticipation of End User moving to a
new local service provider, Qwest will render its closing bill to the End User, discontinuing Billing
as of the date of the discontinuance of Qwest's service to the End User. If a Project that
currently provides resold service to an End User, or if End User s new local service provider
orders the discontinuance of existing resold service from Project , Qwest will bill the existing
Project for service through the date End User receives resold service from the existing Project.
Qwest will notify Project by Operational Support System interface, facsimile , or by other agreed-
upon processes when an End User moves from one Project to a different local service provider.
Qwest will not provide Project with the name of the other local service provider selected by the
End User.
6.4.Project shall provide Qwest and Qwest shall provide Project with points of contact
for order entry, problem resolution and repair of the resold services. These points of contact will
be identified for both Project and Qwest in the event special attention is required on a service
request.
6.4.Prior to placing orders on behalf of the End User, Project shall be responsible for
obtaining and having in its possession Proof of Authorization (POA), as set forth in the Proof of
Authorization Section of the Agreement.
6.4.Due date intervals for Project's resale service requests are established when
service requests are received by Qwest through Operational Support Systems or by facsimile.
Intervals provided to Project shall be equivalent to intervals provided by Qwest to itself, its
Affiliates, its subsidiaries, other Resellers, and to Qwest's retail End Users.
May 27, 2003/lhd/Project Mutal/Resale Amend/ID
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
ATTACHMENT 1
Billing
Qwest shall bill Project and Project shall be responsible for all applicable charges
for the resold services as provided herein. Project shall also be responsible for all Tariffed
cataloged , price listed , and other retail Telecommunications Services offerings charges and
charges separately identified in this Amendment associated with services that Project resells to
an End User under this Amendment.
Qwest shall provide Project, on a monthly basis, within seven (7) to ten (10)
calendar days of the last day of the most recent Billing period , in an agreed upon standard
electronic Billing format as detailed in the Agreement, Billing information including (1) a
summary bill, and (2) individual End User sub-account information consistent with the samples
available for Project review.
Maintenance and Repair
Qwest will maintain its facilities and equipment used to provide Project resold
services. A Project or its End Users may not rearrange , move , disconnect or attempt to repair
Qwest's facilities or equipment , including facilities or equipment that may terminate or be
located at the Project's End User s premises, other than by connection or disconnection to any
interface between Qwest and the End User s facilities , without the written consent of Qwest.
Maintenance and repair procedures are detailed in the Agreement.
Project and Qwest will employ the procedures for handling misdirected repair calls
as specified in Section 6.7 below.
Misdirected Repair Calls
Project and Qwest will employ the following procedures for handling misdirected
repair calls:
Project and Qwest will provide their respective End Use Customers with
the correct telephone numbers to call for access to their respective repair bureaus.
End User Customers of Project shall be instructed to report all cases of
trouble to Project. End User Customers of Qwest shall be instructed to report all cases
of trouble to Qwest.
To the extent the correct provider can be determined, misdirected repair
calls will be referred to the proper provider of Basic Exchange Telecommunications
Service; however, nothing in this Amendment shall be deemed to prohibit Qwest or
Project from discussing its products and services with Project's or Qwest's End User
Customers who call the other Party seeking such information.1.4 Project and Qwest will provide their respective repair contact numbers to
one another on a reciprocal basis.
May 27, 2003/1hd/Project Mutal/Resale Amend/lD
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
ATTACHMENT 1
In responding to repair calls , Project's End User Customers contacting
Qwest in error will be instructed to contact Project; and Qwest's End User Customers
contacting Project in error will be instructed to contact Qwest. In responding to calls
neither Party shall make disparaging remarks about each other. To the extent the
correct provider can be determined , misdirected calls received by either Party will be
referred to the proper provider of local Exchange Service; however, nothing in this
Amendment shall be deemed to prohibit Qwest or Project from discussing its products
and services with Project's or Qwest's End User Customers who call the other Party
seeking such information.
May 27, 2003/lhd/Project Mutal/Resale Amend/lD
Amendment to: DEN-980603-4401
Template version: Idaho SGAT, dated 7-25-
EXHIBIT A
IDAHO
Amendment
Wholesale Discount Wholesale Discount
Percentage Recurring Percentage Nonrecurring
Resale Charge Charge
Recurring Non-Recurring Notes
Wholesale Discount Rates
Southern Idaho
Basic Exchange Residential Line Service 18.25%18.25%
Basic Exchange Business Line Service/PBX/PAL 18.25%18.25%
IntraLATA Toll 18.25%18.25%
1.4 Package/Special Services (e.g. Centrex, ISDN, DSS Frame Relay Service ACS)18.25%18.25%
listings, CO Features & Information Services 18.25%18.25%
Private Line 18.25%18.25%
Northem Idaho
1.2.1 Basic Exchange Residential Line Service 19.37%19.37%
Basic Exchange Business Line Service/PBX/PAL 19.37%19.37%
IntraLATA Toll 19.37%19.37%
2.4 Package/Special Services (e.g. Centrex, ISDN, DSS Frame Relay Service ACS)19.37%19.37%
1.2.Listings, CO Features & Information Services 19.37%19.37%
1.2.Private Line 19.37%19.37%
Southem Idaho High-Volume Customers 65%65%
1.4 Northem Idaho-High Volume Customers 87%87%
Customer Transfer Charge (CTC)
CTC for POTS Service $5.
CTC for Private Line Transport Services
First Circuit $42.
Additional Circuit, per circuit, same CSR $42.
CTC for Advanced Communications Services, per Circuit $53.
Notes
Denotes voluntary rate reduction.
Unless otherwise indicated, all rates are pursuant to the Owest and AT&T Interconnection Agreement
approved by the Idaho Public Utilities Commission in Docket Number USW-96-15, Commission Order
Number 27738, effective September 17, 1998.
Rates addressed in Cost Docket 6/29/01 & 11/16/2001. (TELRIC)
IDAHO SGAT, dated 10-16-02