20031031Application.pdf

STOEL
~~,
RECEIVED 0fiLED
ZO03 OCT 30 Pr1~: 38
101 S. Capilol Boulevard. Suile 1900
Boise. Idaho 83702
main 208.389.9000
fax [phone]
ATTORNEYS AT lAW
to Li PUclLlC
UTILITIES COMMISSION
www.stoel.com
October 30, 2003
MARY S. HOBSON
Direct [phone]
mshobson(!Ystoel.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re: Case No. (J LiJ j; -1-- (J
'"
21.
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and High Tech
Telephones, Inc. is an original of the Application for Approval of Interconnection
Agreement. The parties respectfully request 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 this matter.
Very truly yours
~3I r:~
:blg
Enclosurecc: Service List
Oregon
Washington
California
Utah
Boise-163659.10029164-00016 Idaho
RECEIVED
FILED
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
lnO3 OCT 30 PM q: 31
iO F:U6L1C
UTILITIES COMMISSION
Denis LaMar
High Tech Telephones, Inc.
O. Box 190833
Boise, ill 83719
Telephone: [phone]
Facsimile: [phone]
denis .lamar~hi ghtechtel ep hones. com
JOINT APPLICATION OF QWEST
CORPORATION AND HIGH TECH
TELEPHONES, INC. FOR APPROVAL OF
THE INTERCONNECTION AGREEMENT
FOR THE STATE OF IDAHO PURSUANT TO
47 US.C. 9252(E)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.f/JdlE1~tI
g,
J:A
APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and High Tech Telephones, Inc. ("High Tech") hereby
jointly file this Application for Approval of Interconnection 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.
APPLICATION FOR APPROY AL OF INTERCONNECTION AGREEMENT-
Boise-I 63661.1 0029164-00016
Page 1
High Tech 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
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
High Tech to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
High Tech 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 30th day of October, 2003.
Qwest Corporation
:!:s~-if h-y-
Stoel Rives LLP , Attorneys for Qwest
and
Denis LaMar
High Tech Telephones, Inc.
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-163661.1 0029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of October, 2003, I served the foregoing APPLICATION
FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all parties of record in this matter
as follows:
Jean Jewell, Secretary
Idaho Public Utihties Commission
472 West Washington Street
Boise, Idaho 83720-0074
ij ewell(G),puc .state.id. us
Denis LaMar
High Tech Telephones, Inc.
O. Box 190833
Boise, ill 83719
Telephone: [phone]
Facsimile: [phone]
denis .lamar~hi ghtec hte 1 eph ones. com
Mary Sullivan
Qwest Communications International
Legal Dept. - Contract Development & Services
1801 Cahfornia - Room 3800
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
mmsulll ~qwest.com
Director Interconnection Compliance
Qwest Corporation
1801 Cahfornia - Room 2420
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
intagree(ro,q west. com
Corporate Counsel - Interconnection
Qwest Law Department
1801 California Street - Suite 4900
Denver, CO 80202
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Hand Delivery
U. S. Mail
Overnight Delivery
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Email
Hand Delivery
U. S. Mail
Overnight Delivery
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U. S. Mail
Overnight Delivery
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Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-163661.1 0029164-00016
Page 3
Resale Agreement
Between
Qwest Corporation
and
High Tech Telephones, Inc
In The State Of
Idaho
Agreement Number
CDS-O30729-0029
Resale Template 1-
July 30, 2003/swd-ms/High Tech Telephones, Inc/ldaho/CDS-030729-0029 - i -
TABLE OF CONTENTS
SECTION 1.0 - GENERAL TERMS............................................................................................ 5
SECTION 2.0 - INTERPRETATION AND CONSTRUCTION .....................................................
SECTION 3.0 - RESELLER IN FORMATION.............................................................................. 8
SECTION 4.0 - DEFINITIONS ...................................................................................................
SECTION 5.0 - TERMS AND CONDITIONS............................................................................ .
5.4
GENERAL PROVISIONS....
.............. ............ ................. ......... ....................... ............. ......
TERM OF AGREEMENT ..................................................................................................
PROOF OF AUTHORIZATION
.......... ....... ............ ............ ......... ........................ .............. ...
PAYMENT.....................................................................................................................
TAXES .........................................................................................................................
INSURANCE..................................................................................................................
FORCE MAJEURE .........................................................................................................
LIMITATION OF LIABILITY ...............................................................................................
INDEMNITY ...................................................................................................................
INTELLECTUAL PROPERTY.............................................................................................
WARRANTIES ...............................................................................................................
ASSIGNMENT................................................................................................................
DEFAULT..................................................................................................................... 29
DISCLAIMER OF AGENCY...............................................................................................
SEVERABILITY ..............................................................................................................
NONDISCLOSURE .........................................................................................................
SURVIVAL ....................................................................................................................
DISPUTE RESOLUTION
................. ................. ........... .......... ............. ......... ............... ......
CONTROLLING LAW ......................................................................................................
RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION
.............. ............ .......... ............
NOTICES......................................................................................................................
RESPONSIBILITY OF EACH PARTY............... ........... ......
................................... ........ .......
No THIRD PARTY BENEFICIARIES
......... ............... .......... ........................................... .....
RESERVED FOR FUTURE USE.
............. ...... ..... ................... ...................... ................... ...
PUBLICITY....................................................................................................................
EXECUTED IN COUNTERPARTS ......................................................................................
COMPLIANCE................................................................................................................
COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW ENFORCEMENT ACT
OF 1994 ......................................................................................................................29 COOPERATION .............................................................................................................
30 AMENDMENTS ..............................................................................................................31 ENTIRE AGREEMENT.....................................................................................................
SECTION 6.0 - RESALE ........................................ ......... .......................................
..... ....... ...
DESCRIPTION.. ....... ......
........ ........ ...... ........... ......... ................... ................................ ...
TERMS AND CONDITIONS ..............................................................................................
RATES AND CHARGES...................................................................................................
ORDERING PROCESS....................................................................................................
5 BILLING........................................................................................................................
MAINTENANCE AND REPAIR..................................
................................................ .........
SECTION 7.0 - WHITE PAGES DIRECTORY LlSTINGS.........................................................
Resale Template 1-
July 30, 2003/swd-ms/High Tech Telephones, Inc/ldaho/CDS-030729-0029 - ii -
TABLE OF CONTENTS
SECTION 8.0 - NETWORK SECURITY ....................................................................................
SECTION 9.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............................
DESCRIPTION ........ ............. ........... ............ ....... ............ .............. ........ ........ ......... ......... 53
OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING .............................
MAINTENANCE AND REPAIR........................................................................................... 65
SECTION 10.0 - QWEST DEX..................................................................................................
SECTION 11.0 - SERVICE PERFORMANCE ..........................................................................
SECTION 12.0 - SIGNATURE PAGE .......................................................................................
Qwest Resale Template 1-
July 30, 2003/swd-ms/High Tech Telephones, Inc/ldaho/CDS-030729-0029 iii
TABLE OF CONTENTS FOR EXHIBITS
EXHIBIT A Rates
EXHIBIT B Service Performance Indicators
EXHIBIT C Reserved for Future Use
EXHIBIT D Reserved for Future Use
EXHIBIT E Reserved for Future Use
EXHIBIT F Reserved for Future Use
EXHIBIT G Change Management Process (CMP)
EXHIBIT H Reserved for Future Use
EXHIBIT I Reserved for Future Use
EXHIBIT J Reserved for Future Use
EXHIBIT K Performance Assurance Plan
Owest Resale Template 1-
July 30, 2003/swd-ms/High Tech Telephones, Inc/ldaho/CDS-030729-0029
Section 1.0 - GENERAL TERMS
Intentionally Left Blank.
This Agreement is effective upon the approval of the Commission, and isbetween High Tech Telephones, Inc
, ("
RESELLER") a Idaho corporation and Owest
Corporation ("Owest"
) ,
Colorado corporation pursuant to Section 252 of the
Telecommunications Act of 1996, for purposes of fulfilling Owest's obligations under Sections
222 , 251 (a), (b), and (c), 252, 271 , and other relevant provisions of the Act and the rules and
regulations promulgated thereunder.
This Agreement sets forth the terms, conditions and pricing under which Owest
will offer and provide to any requesting RES ELLER Ancillary services , and Telecommunications
Services available for resale within the geographical areas in which both Parties are providing
local exchange service at that time , and for which Owest is the incumbent Local Exchange
Carrier within the State of Idaho for purposes of providing local Telecommunications Services.
This Agreement is available for the term set forth herein.1.4 Because the SGAT is Owest's standard contract offer, CLECs with a current
Interconnection Agreement may opt into, through Section 252(i) of the Act, any provision of the
SGAT by executing an appropriate amendment to its current Interconnection Agreement.
1.4.When opting into a provision contained in an existing Interconnection
Agreement or the SGAT , Owest may require CLEC to accept Legitimately Related
provisions to ensure that the opted into provision retains the context set forth in the
Interconnection Agreement or the SGAT. The expiration date of the Interconnection
Agreement from which the opted into provision was selected or the expiration date
specified in the SGAT respectively, whichever is closer to the present date, shall be
considered Legitimately Related. In all other instances, Owest bears the burden of
establishing that an Interconnection Agreement or SGAT provision is Legitimately
Related.
1.4.To opt into a provision of the SGAT through Section 252(i), CLEC must
provide Owest with written notice of such intention specifying in detail the provisions ofthe SGAT selected in the form of a proposed amendment to the Interconnection
Agreement which has been signed by CLEC. Owest shall make a form or sample
amendment as well as the currently effective SGAT, available in electronic form for use
by CLEC to prepare the written notice. Once Owest receives such written notice, it shall
have a reasonable period of time to submit a formal written response either accepting
the change and signing the amendment or identifying those additional provisions that
Owest believes are Legitimately Related and must also be included as part of theamendment. If Owest identifies additional provisions that Owest believes are
Legitimately Related , Owest shall specify the provisions in the proposed amendment, if
any, to which the additional provisions are not Legitimately Related and which could be
included in a revised proposed amendment that would be acceptable to Owest. Under
ordinary circumstances , a reasonable period of time shall be deemed to be fifteen (15)
business days. In addition, Owest shall provide to CLEC in writing an explanation of
why Owest considers the provisions Legitimately Related, including legal, technical, orother considerations. In extraordinary circumstances, where CLEC'requested
modification is complex, Owest shall have additional time to perform its review. When
Owest Resale Template 1-
July 30, 2003/swd-ms/High Tech Telephones, Inc/ldaho/CDS-030729-0029
such extraordinary circumstances exist, Owest will notify CLEC in writing within fifteen
(15) business days from the notice and advise CLEC that additional time is necessary.
In no event shall a reasonable period of time be deemed to be greater than twenty (20)
business days from the time of CLEC's notice.
1 .4.If Owest has identified additional provisions that Owest believes are
Legitimately Related and has specified provisions in the proposed amendment to which
those provisions are not Legitimately Related, CLEC may provide Owest with a revised
proposed amendment that deletes the disputed provisions, which Owest shall accept
and sign. Regardless of whether CLEC provides Owest with a revised proposed
amendment, if CLEC disputes Owest's written response that additional SGA T provisions
are Legitimately Related , then CLEC may immediately demand that the dispute be
submitted to dispute resolution and CLEC shall submit such dispute to dispute resolution
within fifteen (15) days from such receipt of Owest's response. CLEC may, at its sole
option, elect to have the dispute resolution conducted through one of the following
methods of dispute resolution:
1.4.The dispute may be settled by the Commission. Such dispute
resolution shall be conducted pursuant to Commission rules or regulations
specifying a procedure for submission , hearing and resolving issues pursuant to
Section 252(i) of the Act or rules and regulations specifying procedures for
submission of a dispute arising under an Interconnection Agreement, as
appropriate. If the Commission shall not have established any such rules or
regulations, CLEC may file a complaint with the Commission. The Commission
may elect to hear the complaint under expedited procedures.
1.4.The dispute may be settled by arbitration. Such an arbitration
proceeding shall be conducted by a single arbitrator. The arbitration proceedings
shall be conducted under the then-current rules of the American Arbitration
Association (AAA). The Federal Arbitration Act, 9 U.C. Sections 1-, not state
law, shall govern the arbitrability of the dispute. All expedited procedures
prescribed by AAA rules shall apply. The arbitrator s award shall be final and
binding and may be entered in any court having jurisdiction thereof. Except for a
finding of bad faith as set forth in 1., each Party shall bear its own costs and
attorney s fees, and shall share equally in the fees and expenses of the
arbitrator. The arbitration proceedings shall occur in the Denver metropolitan
area or in another mutually agreed upon location.
1.4.Each Party to the dispute shall bear the responsibility of paying
its own attorney s fees and costs in prosecuting/defending the action. However
if either Party is found to have brought or defended the action in "bad faith", then
that Party shall be responsible for reimbursing the other Party for its reasonable
attorney s fees and costs in prosecuting or defending the action.
1 .4.4 If Owest accepts a CLEC proposed change to adopt certain SGA
language and signs the amendment, the Parties shall begin abiding by the terms of the
amendment immediately upon CLEC's receipt of the signed amendment. Owest shall
be responsible for submitting the proposed change to the Commission for its approval
within ten (10) business days from receipt of the signed amendment. The amendment
shall be deemed effective upon approval of the amendment by the Commission.
Qwest Resale Template 1-
July 30, 2003/swd-ms/High Tech Telephones, Inc/ldaho/CDS-030729-0029
In consideration of the mutual promises contained herein and other good and valuable
consideration, the Parties agree as follows:
Section 2.0 -INTERPRETATION AND CONSTRUCTION
This Agreement includes this Agreement and all Exhibits appended hereto, each
of which is hereby incorporated by reference in this Agreement and made a part hereof. Allreferences to Sections and Exhibits shall be deemed to be references to Sections of, andExhibits to, this Agreement unless the context shall otherwise require. The headings and
numbering of Sections and Exhibits used in this Agreement are for convenience only and will
not be construed to define or limit any of the terms in this Agreement or affect the meaning and
interpretation of this Agreement. Unless the context shall otherwise require , any reference toany statute, regulation , rule, Tariff, technical reference, technical publication, or any publication
of Telecommunications industry administrative or technical standards, shall be deemed to be areference to the most recent version or edition (including any amendments, supplements
addenda, or successor) of that statute, regulation, rule, Tariff, technical reference, technical
publication, or any publication of Telecommunications industry administrative or technicalstandards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed
or considered to limit or amend the provisions of Section 2.2. In the event a change in a law
rule regulation or interpretation thereof would materially change this Agreement, the terms of
Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change
any reference in this Agreement to such law, rule, regulation or interpretation thereof will be to
such law, rule, regulation or interpretation thereof in effect immediately prior to such change
until the processes set forth in Section 2.2 are implemented. The existing configuration of either
Party s network may not be in compliance with the latest release of technical references
technical publications, or publications of Telecommunications industry administrative or
technical standards.
The provisions in this Agreement are intended to be in compliance with and based
on the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state rules , regulations, and laws, as of the date hereof (the Existing Rules). Nothingin this Agreement shall be deemed an admission by Owest or RESELLER concerning the
interpretation or effect of the Existing Rules or an admission by Owest or RESELLER that the
Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing in this
Agreement shall preclude or estop Owest or RESELLER from taking any position in any forum
concerning the proper interpretation or effect of the Existing Rules or concerning whether the
Existing Rules should be changed, vacated , dismissed, stayed or modified. To the extent that
the Existing Rules are vacated , dismissed, stayed or materially changed or modified, then thisAgreement shall be amended to reflect such legally binding modification or change of the
Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) days
after notification from a Party seeking amendment due to a modification or change of the
Existing Rules or if any time during such sixty (60) day period the Parties shall have ceased to
negotiate such new terms for a continuous period of fifteen (15) days, it shall be resolved in
accordance with the Dispute Resolution provision of this Agreement. It is expressly understood
that this Agreement will be corrected , or if requested by RESELLER , amended as set forth in
this Section 2., to reflect the outcome of generic proceedings by the Commission for pricing,service standards, or other matters covered by this Agreement. Any amendment shall bedeemed effective on the effective date of the legally binding change or modification of the
Existing Rules for rates, and to the extent practicable for other terms and conditions , unless
otherwise ordered. During the pendancy of any negotiation for an amendment pursuant to this
Section 2.2 the Parties shall continue to perform their obligations in accordance with the terms
Owest Resale Template 1-
July 30, 2003/swd-ms/High Tech Telephones, Inc/ldaho/CDS-030729-0029
and conditions of this Agreement, for up to sixty (60) days. If the Parties fail to agree on an
amendment during the sixty (60) day negotiation period , the Parties agree that the first matter tobe resolved during Dispute Resolution will be the implementation of an interim operating
agreement between the Parties regarding the disputed issues, to be effective during the
pendancy of Dispute Resolution. The Parties agree that the interim operating agreement shall
be determined and implemented within the first fifteen (15) days of Dispute Resolution and the
Parties will continue to perform their obligations in accordance with the terms and conditions of
this Agreement, until the interim operating agreement is implemented. For purposes of this
section
, "
legally binding" means that the legal ruling has not been stayed, no request for a stay
is pending, and any deadline for requesting a stay designated by statute or regulation , has
passed.
Unless otherwise specifically determined by the Commission , in cases of conflict
between the SGAT and Qwest's Tariffs, PCAT, methods and procedures , technical publications
policies, product notifications or other Qwest documentation relating to Qwest's or RESELLER'
rights or obligations under the SGAT, then the rates, terms and conditions of the SGAT shall
prevail. To the extent another document abridges or expands the rights or obligations of either
Party under this Agreement, the rates, terms and conditions of this Agreement shall prevail.
Section 0 - RESELLER INFORMATION
Except as otherwise required by law, Owest will not provide or establish
Interconnection Unbundled Network Elements, ancillary services and/or resale of
Telecommunications Services in accordance with the terms and conditions of this Agreement
prior to RES ELLER's execution of this Agreement. The Parties shall complete Qwest's "New
Customer Questionnaire " as it applies to RESELLER's obtaining of Interconnection , Unbundled
Network Elements, ancillary services, and/or resale of Telecommunications Services hereunder.
Prior to placing any orders for services under this Agreement, the Parties will
jointly complete the following sections of Qwest's "New Customer Questionnaire
General Information
Billing and Collection (Section 1)
Credit Information
Billing Information
Summary Billing
OSS and Network Outage Notification Contact Information
System Administration Contact Information
Ordering Information for LIS Trunks, Collocation, and Associated Products (if
RES ELLER plans to order these services)
Design Layout Request - LIS Trunking and Unbundled Loop (if RES ELLER plans to
order these services)
Qwest Resale Template 1-
July 30, 2003/swd-ms/High Tech Telephones, Inc/ldaho/CDS-O30729-0029
The remainder of this questionnaire must be completed within two (2)
weeks of completing the initial portion of the questionnaire. This questionnaire will be
used to:
Determine geographical requirements;
Identify RESELLER identification codes;
Determine Qwest system requirements to support RESELLER's specific activity;
Collect credit information;
Obtain Billing information;
Create summary bills;
Establish input and output requirements;
Create and distribute Qwest and RESELLER contact lists; and
Identify RES ELLER hours and holidays.
RESELLERs that have previously completed a Questionnaire need not
fill out a new New Customer Questionnaire; however, RESELLER will update its New
Customer Questionnaire with any changes in the required information that have
occurred and communicate those changes to Qwest. Before placing an order for a new
product, RESELLER will need to complete the relevant new product questionnaire and
amend this Agreement, which may include an amendment.
Section 4.0 - DEFINITIONS
Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR will be used to order trunking and
facilities between RESELLER and Qwest for Local Interconnection Service.
Access Services" refers to the interstate and intrastate switched access and private line
transport services offered for the origination and/or termination of interexchange traffic.
Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange
Carrier switches. Qwest's Access Tandem Switches are also used to connect and switch traffic
between and among Central Office Switches within the same LATA and may be used for the
exchange of local traffic.
Act" means the Communications Act of 1934 (47 U.C. 151 et. seq.), as amended, and as
from time to time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
Advanced Services" refers to high speed, switched, broadband , wireline Telecommunications
capability that enables users to originate and receive high-quality, voice, data, graphics or video
Telecommunications using any technology.
Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
Qwest Resale Template 1-
July 30, 2003/swd-ms/High Tech Telephones, Inc/ldaho/CDS-030729-0029
SEE CASE FILE
FOR
COMPLETE
INTERCONNECTION AGREEMENT