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Home My WebLink About20081017Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 RECEIVED Maura E. Peterson Paralegal Regulatory Law 21080CT 11 AM 9: 19 IDAHO PUBliC UTlLlTIES COMMISSION Qwest~ Spirit of Service'M Via Overnight delivery October 16, 2008 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Olf-o , Re: Case No. QWE-T-M'.; Application for Approval of Amendment to the Interconnection Agreement Sprint Communications Company, LP Dear Ms. Jewell: Enclosed for fiing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval of Amendment to the Interconnection Agreement. Qwest respectfully requests 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 t . er. Maura E. Peterson mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, W A 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com RECE\VED 2008 OCT '1 AM 9: '9 \DAHO PUßIJC", N UT\UT\ES COMMìs~iO . BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.c. §252(e) CASE NO.: QWE-T-04-1 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commssion on January 13, 2004 (the "Agreement"). The Amendment with Sprint Communications Company L.P. is submitted herewith. This Amendment was reached though voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Communcations 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 portion( s) thereof) discriminates against a tele'eommuhications carrer not a pary to this agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits this Amendment provides no basis for either of these findings, and, therefore requests that the Commission approve this Amendment expeditiously. This Amendment is consistent with the public interest as identified in the pro-competitive policies of the State of Idaho, the Commission, theUn.ited States Congress, and the Federal Communications Commission. Expeditious approval of this Amendment wil enable Sprint to APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page i SPRINTVOIP interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest fuher requests that the Commission. approve this Amendment without a hearing. Because this Amendment was reached through voluntar negotiations, it does not raise issues requiring a hearing and does not concern other paries not a pary to the negotiations. Expeditious approval would fuher the public interest. Respectfully submitted this ¡~~ay of October, 2008. Qw~ Adam L. herr Attorney for Qwest -- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 SPRINTVOIP .., '" CERTIFICATE OF SERVICE I hereby certify that on this t",tÀ day of October, 2008, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 j jewell(fpuc.state.id. us Hand Delivery U. S. Mail X Overnight Delivery Facsimile Email Gary B. Lindsey Director-Access Solutions Sprint Communcations, LP 6330 Sprint Parkway Overland Park, Kansas 66251 Hand Delivery ~ U.S.Mail Overnight Delivery Facsimile Email Jack S. Weyforth Sprint Communications, LP 6330 Sprint Parkway Overland Park, Kansas 66251 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 SPRITVOIP 2006 OCT '1 AH9:' 9 IPAHO PUBUC UTIUTIES COMMISSIONThis is an Amendment ("Amendment") for Voice over Internet Protocol (VoiP) to the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and Sprint Communications L.P. ("CLEC"), a Delaware Limited Partnership. CLEC and Qwest shall be known jointly as the "Parties". Voice over Internet Protocol (VoIP) Amendment . to the Interconnection Agreement between Qwest Corporation and SPRINT COMMUNICATIONS L.P. for the State of Idaho RECE,iVED ':" !t\i:~ ,~. ..,~,,,~,-.. . RECITALS WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") for service in the state of Idaho which was approved by the Idaho Public Utiities Commission ("Commission"), on January 13, 2004, Case No. QWE-T-04-1, Order No. 29417; and WHEREAS the Parties dispute terms, conditions and application and interpretation of existing rules regarding the exchange of traffic commonly referred to as "VoIP Traffic" and desire to exchange VolP Traffic pending the outcome of a decision by the applicable State Commission or the Federal Communications Commission ("FCC") regarding the definition of VolP Traffic and the appropriate intercarrier compensation to apply to VolP Traffic; and WHEREAS, to address the dispute regarding the exchange of VolP Traffic without either Party waiving rights to advocate the position and seek appropriate remedies, and to allow the network configuration specified below to be installed and/or maintained so that traffic can be exchanged, the Parties have agreed to the following terms and conditions. AGREEMENT NOW THEREFORE, inconsideration 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 the exchange of Voice over Internet Protocol ("VoIP") traffic as defined and set forth in Attachment 1, to this Amendment, attached hereto and incorporated herein by this reference. The Sections identified in Attachment 1 have been modified, replaced entirely or are new additions to the Agreement. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, the Parties may agree to implement the provisions of this Amendment upon execution. To accommodate this need, CLEC must generate, if necessary, an updated Customer Questionnaire. In addition to the Questionnaire, all system updates wil need to be completed by Qwest. CLEC wil be notified when all system changes have been made. Actual order processing may begin once these requirements have been met. Additionally, Qwest shall implement any necessary billng changes within two (2) biling cycles after the latest execution date of this Amendment, with a true-up back to the latest execution date of this Amendment byAmendment for Vol P i 8-20-08/rsd/SprinUI D/CDS-031208-0002 the end of the second billing cycle. The Parties agree that so long as Qwest implements the . ..billing chariges..and-the true-up as set forth above, theCLEC's bills shall..bei.deemed accurate and adjusted without error. 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, wil be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire Agreement The Agreement as amended (including the documents referred to herein) constiutes 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 they relate in any way to the subjects of the Agreement as amended. 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, L.P.~GJ-7;7t~~_Signature ..',."."..,.'., Michael Logan Name PrintedlTyped L. T. Christensen Name PrintedlTyped Director, Access Strategy Title Director - Interconnection Agreements Title d¥8 ¡ tt-2o- OS Date Date Amendment for VolP 8-20-08/rsd/Sprintll D/CDS-031208-0002 2 ".""""'-~.",,.,,. -ATTACHMENT 1 "!",a;~,,_..~: Qwests Voice over Internet Protocol (VoIP) Section 4.0 - DEFINITIONS "Interconnection" is as described in the Act and refers to the connection between networks for the purpose of transmission and routing of telephone Exchange Service traffic, Exchange Access, ISP-Bound traffic, VolP traffc, and Jointly Provided Switched Access traffic. "VoIP" (Voice over Internet Protocol) traffic is traffic that originates in Internet Protocol at the end user customer premises using IP-Telephone handsets, end-user customer premises Internet Protocol (IP) adapters, CPE-based Internet Protocol Telephone (IPT) Management "plug and play" hardware, IPT application management and monitoring hardware or such similar equipment and is transmitted over a broadband connection to the VolP provider. VolP is treated as an Information Service, and is subject to interconnection and compensation rules and treatment accordingly under this Agreement based on the supposition that the VolP Provider Point of Presence ("POP") is an end user premise. Section 7.0 -INTERCONNECTION 7.1.1.2 CLEC may utilize LIS trunks to send VolP traffc to Qwest for termination under this Agreement only pursuant to the same rules that apply to traffic from all other end users, including the requirement that the VolP Provider POP must be in the same local callng area as the called party. CLEC may not use LIS trunks solely to exchange VolP traffic. The Parties agree to allow each other to conduct operational verification audits and to work cooperatively with each other as well as to make available any supporting documentation and records including any Parties' providers or customers to énsure"ttät the Parties are complying with the definition and 'appropriate . treatment of VolP traffc. Qwest shall have the right to redefine this traffic as Switched Access in the event of an "operational verification audit failure". An "operational verification audit failure" is defined as: (a) Qwests inabilty to conduct a post-provisioning operational verification audit due to insufficient cooperation by CLEC or CLEC'sother providers, or (b) a determination by Qwest in a post-provisioning "operational verification audit that the CLEC or CLEC's end-user customers are not originating calls in a manner consistent with this definition. 7.1.1.3 Prior to using Local Interconnection Service trunks to terminate VolP traffc, CLEC certifies that the (a) types of equipment VolP end-users wil use are consistent with the origination of VolP calls as defined in Section 4 of this Agreement, and (b) types of configurations that VolP end-users wil use to originate calls using IP technology are consistent with the configuration as defined in Section 4 of this Agreement. CLEC will initially use the Charge Number (CN) field of the SS7 Call stream to identify the actual location of the VolP Provider POP, that is used by CLEC to send the VolP Traffc to Qwest for termination and is in the same local calling area as the called party, as represented by the Called Party Number (CdPN) field to ensure that the billng systems wil properly rate the calls as local calls and that traffic is being Amendment for VolP 8-20-08/rsd/Sprintll D/CDS-031208-0002 3 ~ ~- ,"," exchanged according to the terms of this Amendment. The Parties wil. also subsequently amend the Agreement to implement any applicable industry standards or other mutually agreeable methods to identify VolP traffic. 7.2.1.2.6 VolP traffc as defined in this Agreement. 7.2.2.9.3.1 Exchange Service (EAS/Local), ISP-Bound Traffic, VolP traffic, Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly Provided Switched Access (InterLATA and IntraLATA Toll involving a third party IXC) may be combined in a single LIS trunk group or transmitted on separate LIS trunk groups. 7.3.4 Exchange Service (EAS/Local), ISP-Bound and VolP Traffic 7.3.4.1 CLEC and Qwest wil exchange Exchange Service (EAS/Local), ISP-Bound and VolP traffic on a Bil and Keep basis. 7.3.4.2 Intentionally Left Blank. 7.3.4.3 Intentionally Left Blank. 7.3.4.4 Intentionally Left Blank. 7.3.6. Intentionally Left Blank 7.3.6.1 Intentionally Left Blank Amendment for VolP 8-20-08/rsd/SprinUI D/CDS-031208-0002 4