20051011Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(e)
CASE NO.: QWE-O4-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commission on February 26, 2004 (the "Agreement"). The Amendment with Granite
Telecommunications LLC ("Granite ) 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.
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, the United States Congress, and the Federal
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Granite Telecommunications LLC
Expedites for Design Services
Boise-188362.1 0029164-00016
Communications Commission. Expeditious approval of this Amendment will enable Granite to
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests 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 11 th day of October, 2005.
Qwest Corporation
Mary S. H
Stoel Rives LLP, Attorneys for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Granite Telecommunications LLC
Expedites for Design Services
Boise-188362.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 11th day of October, 2005 , 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
11 ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Geoff Cookman
Granite Telecommunications LLC
234 Copeland Street
Quincy, MA 02196
Telephone: [phone]
Facsimile: [phone]
gcoo kman~ grani tenet. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Harry Malone
Swidler Berlin Shereff Frieedman LLP
3000 K Street, NW - Suite 300
Washington, DC 20007-5116
Telephone: [phone]
hnmalone~swidlaw. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~? fl tiUn
Brandi L. McMahon, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
Granite Telecommunications LLC
Expedites for Design Services
Boise-188362.10029164-00016
Expedites for Design Services Amendment
to the Interconnection Agreement between
Qwest Corporation and
Granite Telecommunications, LLC
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"
) ,
Colorado corporation, and Granite Telecommunications, LLC
CLEC"), a Delaware corporation. CLEC and Qwest shall be known jointly as the "Parties
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement for service in the State of
Idaho, that was approved by the Idaho Public Utilities Commission ("Commission ) on February
2004, as referenced in Case No. QWE-04-3; and
WHEREAS, the Parties wish to amend the Agreement 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 Expedites for
Design Services as set forth in Attachment 1 and Exhibit A, attached hereto and incorporated
herein.
Rates in Exhibit A shall be updated to reflect legally binding decisions of the Commission and
shall be applied on a prospective basis from the effective date of the legally binding Commission
decision, unless otherwise ordered by the Commission.
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 will need to be completed
by Qwest. CLEC will 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 billing changes within two (2) billing cycles after the latest execution
date of this Amendment, with a true-up back to the latest execution date of this Amendment by
the end of the second billing cycle. The Parties agree that so long as Qwest implements the
billing changes and the true-up as set forth above, the CLEC's bills shall be deemed accurate
and adjusted without error.
July 7, 2005/ccd/Granite Tele/Expedites Design Services/ID
Amendment to CDS-O40127-0030
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.
Entire Aareement
The Agreement as amended (including 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,
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.
ommunications, LLC
Signature
L. T. Christensen
Name PrintedlTyped
Tit e
::p
Director - Interconnection Aareements
Title
(Of I=~
Date
July 7, 2005/ccd/Granite Tele/Expedites Design Services/ID
Amendment to CDS-O40127-0030
Attachment
ATTACHMENT
Expedites for Design Services
Description
Expedites are requests for an improved standard interval that is shorter
than the interval defined in Qwest's Service Interval Guide (SIG) or CLEC'
Interconnection Agreement (ICA), Individual Case Basis (ICB) or committed to
ICB (Ready for Service (RFS) + Interval) date.
Terms and Conditions
1 When Qwest receives an ASR or LSR with the EXP populated and the
DDD is less than the standard interval, Qwest will determine if the request is
eligible for an expedite without a call from you. If the request meets the criteria
for the Pre-Approved Expedite process, Qwest will process the request and
return a FOC acknowledging the expedited due date. The appropriate expedite
charge will be added to your service order.
If the request does not meet the criteria for the Pre-Approved Expedite
process, the ASR or LSR will be processed under the guidelines for Expedites
Requiring Approval as described in the PCAT.
The Pre-Approved expedite process is available in all states except W
for the products listed in the PCA T. It is not necessary to call Qwest to have the
expedite approved.
Rate Elements
The expedite charge Identified in Exhibit A applies per order for every day
that the due date interval is shortened , based on the standard interval in the giG
ICA, or ICB criteria.
Ordering Process
1.4.1 CLEC will request an expedite on a Local Service Request (LSR) or
Access Service Request (ASR).
1.4.All requests must include an expedited Due Date, and Qwest will return
an FOC acknowledging the expedited Due Date.
July 7, 2005/ccd/Granite Tele/Expedites Design Services/ID
Amendment to CDS-O40127-0030
Exhibit A
Exhibit A
Expedite for Design
Services
Per order, per day event $200.
July 7, 2005/ccd/Granite Tele/Expedites Design Services/ID
Amendment to CDS-O40127-0030