20040414Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
'1"111 , f';h Lu.hi'fi" if PH ?: t;c;.. "
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Lynda Cleveland
Sprint Communications
6450 Sprint Parkway- Mailstop KSOPHN0212
Overland Park, KS 66251
Telephone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND SPRINT
COMMUNICATIONS COMPANY LP. FOR
APPROVAL OF A WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 US.C. 9252(E)
CASE NO.: QWE-O4-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Sprint Communications Company LP. ("Sprint"
hereby jointly file this Application for Approval of Amendment to the Interconnection
Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on
January 13, 2004 (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.
Sprint and Qwest respectfully submit this Amendment provides no basis for either
these findings, and, therefore jointly request that the Commission approve this Amendment
APPLICATION FOR APPROY AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-169957.10029164-00016
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
Sprint to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Sprint 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 April, 2004.
Qwest Corporation
~If:
?h-
Stoe1 Rives LLP, Attorneys for Qwest
and
Lynda Cleveland
Sprint Communications
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-169957.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 14th day of April, 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
Boise, Idaho 83720-0074
11 ewe1l~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Emai1
Lynda Cleveland
Sprint Communications
6450 Sprint Parkway - Mailstop
KSOPHN0212
Overland Park, KS 66251
Telephone: [phone]
Hand Delivery
~ U.Mai1
Overnight Delivery
Facsimile
Emai1
~.
#.~J
Brandi L. G arhart, PLS
Legal Secretary to Mary S. Hobson
Stoe1 Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-169957.10029164-00016
Qwest DSL TM (with discount) provided with UNE-P Amendment
to the Interconnection Agreement between
Qwest Corporation and
Sprint Communications Company loP.
for the State of Idaho
This is an Amendment ("Amendment") for Qwest DSL TM (with discount) provided with UNE-P to
the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation
and Sprint Communications Company L.P. ("Sprint"). Sprint and Qwest shall be known jointly
as the "Parties
RECITALS
WHEREAS, Sprint and Qwest entered into an Interconnection Agreement ("Agreement") for
service in the state of Idaho effective January 13, 2004; 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 Qwest DSL
(with discount) provided with UNE-P 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, Sprint must generate, if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be completed
by Qwest. Sprint will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
Term
The discount provided under this Amendment shall terminate on December 31 2005. Upon
termination of this Amendment, the Parties Interconnection Agreement rates, terms and
conditions shall continue in full force and effect.
ID/Apr2004/Amendment to CDS-O31208-0002
Further Amendments
Except as modified herein, the provisions of the Interconnection 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.
A. The provisions in this Amendment 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). Nothing
in this Amendment shall be deemed an admission by Qwest or Sprint concerning the
interpretation or effect of the Existing Rules or an admission by Qwest or Sprint that the Existing
Rules should not be changed , vacated , dismissed, stayed or modified. Nothing in this
Amendment shall preclude or estop Qwest or Sprint 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 this
Amendment 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 Amendment. It is expressly
understood that this Amendment will be corrected, or if requested by Sprint, amended as set
forth in this Section 2.2, to reflect the outcome of generic proceedings by the Commission for
pricing, service standards, or other matters covered by this Amendment. Any amendment shall
be deemed 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
and conditions of this Amendment, 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 to
be 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 Amendment, 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.
B. In addition to, but not in limitation of, Section A above, nothing in this Amendment shall
be deemed an admission by Qwest or Sprint concerning the interpretation or effect of the FCC'
decision and rules adopted in In the Matter of Review of the Section 251 Unbundling Obligations
of Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions
the Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
ID/Apr2004/Amendment to CDS-O31208-0002
ATTACHMENT 1
ATTACHMENT 1
Sprint may order new or retain existing Qwest DSL TM service on behalf of End User Customers
when utilizing UNE-POTS, UNE-Centrex, and UNE-PBX (analog, non-DID trunks only)
combinations, where Technically Feasible. All other Qwest DSL services available with UNE-
in the Parties Interconnection Agreement will continue and remain in full force and effect while
this Amendment is effective. Upon termination of this Amendment, all UNE-P DSL services
rates, terms and conditions that are available in the Parties Interconnection Agreement will
continue and remain in full force and effect. The price for Qwest DSL TM provided with UNE-
combinations is included in Exhibit A to this Agreement. Qwest DSL TM service provided to
Internet service providers and not provided directly to Qwest or Sprint's End User Customers is
not available with UNE-P combinations. Retail promotions may not be combined with this
offering. Non-recurring charges associated with Qwest DSL TM are not subject to discount. In
the event that Sprint migrates the voice service to Unbundled Loop, Qwest DSL TM service will
be disconnected.
IOf Apr2004f Amendment to COS-O31208-0002
ATTACHMENT 1
Exhibit A
Recurring Non-Recurring
Qwest Miscellaneous Services Available With UNE-
Discounted Qwest DSL I M provided with See Applicable See Applicable
UNE-Qwest retail Tariff Qwest retail Tariff
catalog or price list catalog or price
- less the list.
applicable
Wholesale
Advanced
Communications
Services (ACS)
discount as
reflected in the
underlying
Interconnection
Agreement.
IOf Apr2004f Amendment to COS-O31208-0002
Telecommunications Capability, CC Docket Nos. 01-338 , 96-98 and 98-147, nor rules
regulations and interpretations thereof, including but not limited to state rules , regulations, and
laws as they may be issued or promulgated regarding the same ("Decision(s)"). Nothing in this
Amendment shall preclude or estop Qwest or Sprint from taking any position in any forum
concerning the proper interpretation or effect of Decisions or concerning whether the Decisions
should be changed, vacated, dismissed, stayed or modified.
Entire Aareement
The Agreement as amended (including this Amendment and the documents referred to herein)
constitutes the full and entire understanding and agreement between the Parties with regard to
the subjects of the Agreement as amended and supersedes any prior understandings
agreements , or representations by or between the Parties, written or oral, to the extent theyrelate in any way to the subjects of the Agreement as amended until the termination date of
. December 31 , 2005. Upon termination of this Amendment, the Parties Interconnection
Agreement rates, terms and conditions shall continue and remain in full force and effect.
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.
Sprint Communications Company loP.
S;g0J~~ft~
Signature
W. Richard Morris
Name Printed/Typed
L. T. Christensen
Name Printed/Typed
April 7, 2004
Director-Interconnection AQreements
Title
l'!Date
Vice PreRident. External Affai
Title
Date
I Df Apr2004f Amendment to CDS-O31208-0002