HomeMy WebLinkAbout20041217Amendment.pdfMary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: (208) 389-9000
Facsimile: (208) 389-9040
mshobson~stoe1. com
L Yllda Cleveland
Sprint Communications
6450 Sprint Parkway- Mailstop KSOPHN0212
Overland Park, KS 66251
Telephone: (913) 315-9139
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND SPRINT
COMMUNICATIONS FOR APPROVAL OF
A WIRE LINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.
~252(E)
CASE NO.: QWE-O4-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Sprint Communications Company L.P. ("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 of
these findings, and, therefore jointly request that the Commission approve this Amendment
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Boise-179521.1 0029164-00016
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 16th day of December, 2004.
Qwest Corporation
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Mary S. obson
Stoel Rives LLP, Attorneys for Qwest
and
L Yllda Cleveland
Sprint Communications
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-179521.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of December, 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
i i ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
LYnda Cleveland
Sprint Communications
6450 Sprint Parkway - Mailstop KSOPHN0212
Overland Park, KS 66251
Telephone: (913) 315-9139
&/hltlI
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-179521.1 0029164-00016
Line-Sharing Exit Amendment
to the
Interconnection Agreement
Between
Qwest Corporation
and
Sprint Communications Company L.
For the State of Idaho
This Amendment ("Amendment") is to the Interconnection Agreement between Qwest
Corporation ("Qwest") , a Colorado corporation , and Sprint Communications Company
loP., a Delaware Limited Partnership ("Sprint").
RECITALS
WHEREAS , the Federal Communications Commission promulgated new rules and
regulations pertaining to, among other things, the availability of Line Sharing as an
unbundled network elements pursuant to Section 251 (c)(3) of the Telecommunications
Act of 1996 (the "Act") and its Report and Order In the Matter of Review of the Section
251 Unbundling Obligations of Incumbent Local Exchange Carriers; Implementation
the Local Competition Provisions of the Telecommunications Act of 1996; Deployment
Wireline Services Offering Advanced Telecommunications Capability, CC Docket Nos.
01-338,96-98 and 98-147 , released on August 21 2003 (the "TRO"); and
WHEREAS, the TRO and the above rules and regulations, effective October 2, 2003,
materially modified Qwest's obligations under the Act with respect to, among other
things, the requirement to offer certain network elements on an unbundled basis; and
WHEREAS, the Parties wish to amend the Agreement to comply with the TRO
regards to Line Sharing and hereby agree to do so 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:
1. Amendment Terms
This Amendment is made in order to add , delete and/or modify the terms, conditions and
rates for Line-Sharing, as set forth in Attachments 1 and Exhibit A, attached hereto and
incorporated herein.
2. Effective Date
This Amendment shall be deemed effective upon Commission approval; however, the
Parties agree to implement the provisions of this Amendment effective October 2, 2004.
SprintllD/Line Sharing Exitljld/11-
Amendment to CDS-O31208-0002
3. Amendments; Waivers
The provisions of this Amendment, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the
provisions of this Amendment may not be given without the written consent thereto by
both Parties' authorized representative. No waiver by any Party of any default
misrepresentation , or breach of warranty or covenant hereunder, whether intentional or
not, will be deemed to extend to any prior or subsequent default, misrepresentation , or
breach of warranty or covenant hereunder or affect in any way any rights arising by
virtue of any prior or subsequent such occurrence.
4. Reservation of Riahts
Nothing in this Amendment shall be deemed an admission by Qwest or Sprint
concerning the interpretation or effect of the rates, terms or conditions for the subject
matter contained in this Amendment or an admission by Qwest or Sprint that the rates,
terms or conditions 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 rates, terms or conditions or concerning
whether the rates, terms or conditions should be changed, vacated , dismissed, stayed or
modified.
5. 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.
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 L.Qwest Corporation
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Authorized Signature
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Authorized Signature
Name Printed/Typed
lo T. Christensen
Name Printed/Typed
Date
reements
Title
Date
SprintllD/Line Sharing Exitljld/11-
Amendment to CDS-O31208-0002
Attachment
ATTACHMENT
1 LINE SHARING
Description
Line Sharing provides Sprint with the opportunity to offer advanced data services
simultaneously with an existing End User Customer s analog voice-grade (POTS)
service on a single copper Loop referred to herein as "Shared Loop" or "Line Sharing,
by using the frequency range above the voice band on the copper Loop. This frequency
range will be referred to herein as the high frequency spectrum Network Element
(HUNE). A Splitter separates the voice and data traffic and allows the copper Loop to be
used for simultaneous data transmission and POTS service. The POTS service must be
provided to the End User Customer by Qwest.
1 Intentionally Left Blank.
2 Qwest shall not be required to provide Line Sharing as an Unbundled
Network Element except as set forth below.
Grandfathered Line Sharing Arrangements. Any Line
Sharing arrangement that had a Due Date on or before October 1 , 2003
and was still in operation as of such date shall be "grandfathered" in
accordance with the provisions of this subsection ("Grandfathered Line
Sharing Arrangement"
).
For any such Grandfathered Line Sharing
Arrangement, the rate in effect as of October 2 , 2003 shall remain in
effect unless modified by order, ruling or decision of the FCC.
Grandfathered Line Sharing Arrangement shall automatically terminate on
the earlier to occur of: (i) the date on which the End User Customer
served by such Grandfathered Line Sharing Arrangement cancels or
otherwise discontinues its subscription to the DSL service of Sprint or its
successor or assign or (ii) the date as of which such Grandfathered Line
Sharing Arrangement is terminated or discontinued by order, ruling or
decision of the FCC. In addition , Sprint may disconnect, or may convert
to another Qwest product as is Technically Feasible, any Grandfathered
Line Sharing Arrangement at any time.
Three Year Transition Period. Sprint was able to order
Line Sharing arrangements during the period beginning on October 2
2003 and ending on October 1 , 2004 ("New Line Sharing Arrangement"
Sprint will not order any Line Sharing Arrangement after October 1 , 2004.
Any New Line Sharing Arrangement shall automatically terminate if, at
any time after October 1 , 2004, the End User Customer served by such
New Line Sharing Arrangement cancels or otherwise discontinues its
subscription to the DSL service of Sprint or its successor or assign. The
nonrecurring charge for the installation of Line Sharing arrangements
shall apply to any New Line Sharing arrangements. The monthly
recurring charge for any New Line Sharing Arrangement shall apply as
set forth below.
(a)During the period beginning on October 2, 2003 and
Sprint/ID/Line Sharing Exit/jld/11-
Amendment to CDS-O31208-0002
Attachment
ending on October 1 , 2004, the monthly recurring charge for any
such New Line Sharing Arrangement in all zones shall remain the
same as the rate in affect as of October 2, 2003.
(b) During the period beginning on October 2, 2004 and
ending on October 1 , 2005, the monthly recurring charge for any
such New Line Sharing Arrangement in all zones shall be fifty (50)
percent of the monthly recurring charge for access to a stand-
alone unbundled copper Loop for zone 1 that is in effect as of
October 2 2003, as provided in Exhibit A.
(c) During the period beginning on October 2, 2005 and
ending on October 1 , 2006, the monthly recurring charge for any
such New Line Sharing Arrangement in all zones shall be seventy-
five (75) percent of the monthly recurring charge for access to a
stand-alone unbundled copper Loop for zone 1 that is in effect as
of October 2, 2003, as provided in Exhibit A.
(d) Completion of Transition. New Line Sharing Arrangements
will no longer be available as of October 2 , 2006. No later than
October 2 , 2006, Sprint must convert all New Line Sharing
arrangements to a Line Splitting arrangement, to a stand-alone
Unbundled Loop, or to such other arrangement as Sprint may
have negotiated with Qwest to replace such New Line Sharing
arrangement.
Discontinuation of Voice Service. Notwithstanding
anything herein to the contrary, if an End User Customer disconnects
voice service provided by Qwest, the Line Sharing arrangement shall
terminate. Sprint may arrange to provide DSL service to the End User
Customer through purchase of an Unbundled Loop.
Successors and Assigns. Line Sharing arrangements may
be transferred or assigned by Sprint to another Carrier as set forth below.
Grandfathered Line Sharing Arrangements. Any
Grandfathered Line Sharing Arrangement shall be transferable or
assignable by Sprint to another Carrier if the DSL service to Sprint's End
User Customer is not canceled or discontinued in connection with such
transfer or assignment. In such event, the monthly recurring rate in effect
as of October 2, 2003 shall remain in effect with respect to such
Grandfathered Line Sharing Arrangement until it is terminated or modified
in accordance with the provisions of Section 1.1. Carrier will be
billed the Transfer of Responsibility nonrecurring charge as provided in
Exhibit A to transfer or assign Grandfathered Line Sharing Arrangements.
Notwithstanding the foregoing, in the event the proposed transfer or
assignment of any Grandfathered Line Sharing Arrangement involves: (i)
cancellation or discontinuation of the DSL service to Sprint's End User
Customer or (ii) re-termination of the End User Customer s DSL service,
then such Line Sharing arrangement shall no longer be available.
Sprint/ID/Line Sharing Exit/jld/11-
Amendment to CDS-O31208-0002
TRO Amendment Exhibit A Idaho
Shared Services
9.4.Shared Loop
Grandfathered Shared Loop, per Loop, Orders Received Prior to 10/2/03 $0.
9.4.Shared Loop, per Loop, Orders Received 10/2/03 10/1/04
Shared Loop, Initial Rates $0.
9.4.Shared Loop, per Loop 10/-2/03 -10/1/04 $3.
9.4.Shared Loop, per Loop 10/-2/04 - 10/1/05 $7.
9.4.Shared Loop, per Loop 10/-2/05 -10/1/06 $11.
11 Voluntary Rate Reduction Docket USW-00-, effective 6/10/02. Reductions reflected in the 5/24/02 Exhibit A.
f11 TELRIC rates not reviewed in a cost docket
f131 Initially, Qwest will bill the grandfathered recurring rates for new Shared Loops. Qwest will begin billing the post TRO prices only
after CLECs have been provided a forty-five (45) day notice. Rates will be applied prospectively.
f141 Post TRO Shared Loop Rates were developed using the 2-Wire Nonloaded Loop rate, Zone 1 , as the basis rate. 10/2/03 -
10/1/04 was developed using 25% of basis rate; 10/2/04 - 10/1/05 was developed using 50% of basis rate; 10/2/05 - 10/1/06
was developed using 75% of basis rate.. New Shared Loop Arrangements will no longer be available as of 10/2/04. No later
than 10/2/06, CLEC must convert all Shared Loop arrangements to a Line Splitting arrangement, to a stand-alone Unbundled
Loop, or such other arrangement as CLEC may have negotiated with Qwest to replace such Shared Loop arrangement.ol.