HomeMy WebLinkAbout20050404Amendment.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
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UTILITIES GOr"!~il SJON
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 April 1 , 2004 (the "Agreement"
).
The Amendment with aardisServices
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
portion(s) 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
Elimination ofUNE-P and Implementation of Batch Hot Cut Process
aardisServices
Boise-182644.10029164-00016
Communications Commission.Expeditious approval of this Amendment will enable
aardisServices 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 i
~;~
Respectfully submitted this day of~ 2005.
Qwest Corporation
rti! t~fb~
Stoel Rives LLP, Attorneys for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Elimination ofUNE-P and Implementation of Batch Hot Cut Process
aardisServices
Boise-182644.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this J:Ir day of 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
ij ewell~puc. state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Bruce King
aardisServices
O. Box 65
422 South C Street
Grangeville, ill 83 530
Telephone: (208) 983-5452
Facsimile: (208) 983-1379
bowse~mtida.net
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
Elimination of UNE-P and Implementation of Batch Hot Cut Process
aardisServices
Boise-182644.1 0029164-00016
Amendment to Interconnection Agreement
for Elimination of UNE-P and Implementation of Batch Hot Cut Process (Version 2-
between
Owest Corporation
and
aard isServices
for the State of Idaho
This Agreement is entered into by and between Qwest Corporation ("Qwest") and
aardisServices ("CLEC"), effective as of the Effective Date , defined below. Qwest and CLEC
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
March 31 2004 , as referenced in Case No. QWE-04-5 ("Agreement"); and
WHEREAS, the Parties may during the Term of this Amendment enter into a new
Interconnection Agreement and/or amend existing Interconnection Agreement; and
WHEREAS, CLEC previously purchased on an unbundled basis from Qwest certain
combinations of network elements , ancillary functions , and additional features , including without
limitation the local Loop, port, switching, and shared transport combination commonly known as
Unbundled Network Element Platform ("UNE-); and
WHEREAS such UNE-P arrangements were previously obtained by CLEC under the terms and
conditions of the Interconnection Agreements; and
WHEREAS both CLEC and Qwest acknowledge certain regulatory uncertainty in light of the DC
Circuit Court's decision in United States Telecom Association v. FCC , 359 F.3d 554 (March 2
2004), with respect to the future existence, scope, and nature of Qwest's obligation to provide
such UNE-P arrangements under the Communications Act (the "Act"); and
WHEREAS to address such uncertainty and to create a stable arrangement for the continued
availability to CLEC from Qwest of services technically and functionally equivalent to the June
2004 UNE-P arrangements the parties have contemporaneously entered into a Master
Service Agreement for the provision of Qwest Platform Plus TM service (the "QPPTM MSA"); and
WHEREAS , the Parties have agreed to the following terms and conditions which during the
Term of this Amendment are intended to supplement in part and supercede in part the terms
and conditions of their existing Interconnection Agreement and any new Interconnection
Agreements they may enter into; and
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:
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Section 1.0 - Definitions
Affiliates" shall mean any person or entity that is a party s parent or subsidiary, directly owned
or controlled by, or under ownership or control with a party.
Batch Hot Cut" refers to a hot cut performed pursuant to the Batch Hot Cut Process described
in Attachment A.
Individual Hot Cut" refers to a hot cut that is not performed pursuant to a batch process.
Section 2.0 - General Terms and Conditions
Effective Date . This Amendment shall be effective January 1 , 2005 ("Effective Date
subject to the approval of the Commission.
Term. The term of this Amendment shall begin on the Effective Date and shall remain in
effect through July 31 , 2008. At any time within 6 months prior to expiration of the Amendment
either Party may provide notice of renegotiation. Upon mutual agreement, the term of the
Amendment may be extended upon the same terms and conditions for no more than one (1) six
month extension period. If the QPP MSA is terminated (for reasons other than material breachby CLEC with respect to a particular state , this Amendment shall , by its own terms and
notwithstanding any requirement that subsequent modifications or amendments be in writing
signed by both Parties , automatically be terminated in that state, and CLEC shall be free
thereafter to pursue any available means to purchase equivalent services from Qwest.
Scope of Amendment.The provisions of this Amendment are intended to amend and
supercede those provisions of CLEC'existing and all future Interconnection or other
Agreements only as they relate to Qwest's offering of Unbundled mass market Switching or
Unbundled enterprise Switching and Unbundled Shared Transport in combination with other
network elements as part of the Unbundled Network Element Platform, and Batch Hot Cuts, as
defined below (collectively, the "Services ). The Services and related terms and conditions
described in this Agreement are applicable only in Owest's incumbent LEC service territory in
the state of Arizona.
2.4 Existinq Rules The provisions in this Amendment are intended to be in compliance withand based on the existing state of the law, rules, regulations and interpretations thereof
including but not limited to Federal rules, regulations, and laws, as of June 17 2004 (the
Existing Rules ). Nothing in this Agreement shall be deemed an admission by Qwest or CLEC
concerning the interpretation or effect of the Existing Rules or an admission by Qwest or CLEC
that the Existing Rules should not be changed , vacated , dismissed, stayed or modified. Nothing
in this Amendment shall preclude or estop Qwest or CLEC 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.
Chanqe of Law If a change in law, rule, or regulation materially impairs a party s ability
to perform or obtain a benefit under this Amendment, both parties agree to negotiate in good
faith such changes as may be necessary to address such material impairment.
Requlatorv Approval.In the event the FCC , a state commission or any other
governmental authority or agency rejects or modifies any material provision in this Amendment
either party may immediately upon written notice to the other Party terminate this Amendment
and the QPP MSA.
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Entire Aqreement.This Amendment (including all Attachments) 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, or representations by or
between the Parties, written or oral, including but not limited to, any term sheet or memorandum
of understanding entered into by the Parties , to the extent they relate in any way to the subjects
of this Amendment.
Section 0 - Batch Hot Cut Terms and Conditions
Individual Hot Cuts. All hot cuts, except for those hot cuts performed pursuant to a batch
process, will be provided by Qwest to CLEC at the rates , terms and conditions set forth
CLEC's Interconnection Agreement.
Batch Hot Cut Process. Upon deployment of the Batch Hot Cut Status Tool and
amendment of Appointment Scheduler to accommodate Batch Hot Cut orders , Qwest shall
provide Batch Hot Cuts to CLEC upon the rates , terms and conditions set forth in this
Agreement. The Parties agree to follow the Batch Hot Cut Process described in Attachment
CLEC agrees to use commercially reasonable efforts to use the Batch Hot Cut Process under
this Agreement even in states in which the Individual Hot Cut rate is lower than the Batch Hot
Cut Rate.
Batch Hot Cut Rates: The Batch Hot Cut rates may be found in Exhibit A of this
Amendment.
3.4 CLEC agrees Batch Hot Cut terms and prices are not available for conversions of
CLEC's QPP or UNE-P to Unbundled Loop; and CLEC shall make no order in contravention of
this provision. Qwest may conduct periodic audits to determine if any Batch Hot Cut requests
have been made in error. CLEC shall be assessed a non-recurring charge of $43.00 per line
submitted in error. This charge will be in addition to any charges already paid by CLEC to
perform the Batch Hot Cut. CLEC shall pay such charges within thirty (30) days of receiving
notice of them.
Batch Hot Cut Tools. The Batch Hot Cut Scheduling Tool will be enhanced in a future
IMA release if and to the extent the enhancement is supported by the CLEC community. If
approved , the enhancement will include the ability to reserve due dates for IDLC in cumulative
batches of no more than 40 IDLC Loops per state per day. Qwest and CLEC agree to support
as a high priority the enhancement for IDLC inclusion in the Batch Hot Cut Scheduling Tool and
will work this through the systems prioritizations procedures in the Qwest Wholesale Change
Management Process. Qwest and CLEC will rank this enhancement change request within the
top twenty-five percent (250/0) of all change requests to be prioritized through the Qwest
Wholesale Change Management Process when this change request is prioritized. The Parties
agree to the following service assurance approach for these Tools:
Batch Hot Cut Schedulinq Tool Availability. To the extent that there is a systems
failure that exceeds forty-eight (48) hours and creates an inability to request a Batch Hot
Cut , Qwest will work in good faith with CLEC to develop a negotiated settlement with
respect to ' the cost difference between the Qwest QPPTM monthly recurring charge
(MRC) and the Unbundled Loop MRC times the number of days that CLEC was unable
to order a Batch Hot Cut. Settlement discussions would be initiated upon the written
request of CLEC.
Batch Hot Cut Status Tool System Refresh Timeliness. After the deployment of
the Batch Hot Cut Status Tool , Qwest and CLEC will work cooperatively to review the
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system logic and processes in an effort to determine an appropriate measurement
approach. The parties agree to take the least-cost approach to capture this performance
experience.
6 The Batch Hot Cut pricing prOVISions In this Amendment are subject to the following
conditions:
A. Integrated Digital Loop Carrier ("IDLC") is not a part of the standard Batch Hot Cut
process. However, the pricing for Batch Hot Cuts will apply to IDLC Loops. IDLC Loops will be
batched together in quantities of no more than 40 IDLC Loops per state, per day.
B. Batch Hot Cut is not available for migrations from or conversions of CLEC's UNE-
or QPP to Unbundled Loop.
C. Batch Hot Cut limits are in effect as established in the Batch Hot Cut Process
described in Attachment A.
Section 0 - Removal of UNE-, Enterprise and Mass Market Switching and Shared
Transport from Interconnection Agreement(s)
Aqreement Not to Order.During the term of this Agreement Qwest shall not offer or
provide to CLEC, and CLEC shall not order or purchase from Qwest, unbundled mass market
switching, unbundled enterprise switching or unbundled shared transport, in combination with
other network elements as part of the Unbundled Network Element Platform ("UNE-), out of
its existing Interconnection Agreement(s) with Qwest, a Qwest SGAT or any other
Interconnection Agreement governed by 47 U.C. ~~251 and 252 that CLEC or one of its
Affiliates may in the future enter into with Qwest and CLEC waive any right under applicable law
in connection therewith. Notwithstanding the foregoing, nothing in this Section shall prevent
Qwest from offering or providing QPPTM services to CLEC , or CLEC from ordering or
purchasing QPPTM services from Qwest. The agreement not to order UNE-P services embodied
in this Section shall remain in effect for the Term of this Amendment, and for the avoidance of
doubt , shall no longer be binding on CLEC or otherwise enforceable in a particular state if the
QPP MSA is terminated as to that state (other than for reason of material breach by CLEC).
Section Other Terms and Conditions of Interconnection Agreements
Other Interconnection Terms. This Amendment is not intended to alter, adjust or extend
existing interconnection arrangements between Qwest and CLEC except as expressly set forth
herein and all such other interconnection arrangements and related terms and conditions shall
remain in full force and effect.
CLEC may use Qwest's Directory Assistance Services or operator services and may
arrange to provide access to its own , or to a third party , directory assistance or operator
services platform. Qwest Branded Operator Services and Directory Assistance may be
purchased by CLEC pursuant to the terms of the applicable ICA SGA T, or tariff. CLEC
Branded Operator Services and Directory Assistance will also be available from Qwest using
Originating Line Number Screening ("OLNS"
).
Qwest will provide CLEC nondiscriminatory
access to Qwest's Directory Assistance Listings.
Line splitting will be available for Loops provided pursuant to the ICA , such that CLEC
may provide DSL service using the high-frequency portion of such a Loop and a CLEC-provided
splitter, or CLEC may contract with a third-party CLEC to provide such DSL service to a CLEC
End User Customer over the high frequency portion of the Loop. The Loop pre-qualification
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ordering, provisioning, repair, maintenance and other support functions and services to support
CLEC's use of line splitting in connection with Loops shall be provided as set forth in the ICA.
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.
--r:
Qwest Corporation
Signature Signature
Bruce Kinq
Name PrintedlTyped
L. T. Christensen
Name PrintedlTyped
Requlatory Manaqer
Title
10 March 2005
Date
Director - Interconnection Aqreements
Title
:5 t-;.
Date I I
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Attachment A
Attachment A: Batch Hot Cut Process
The Batch Hot Cut (BHC) installation option permits CLEC to migrate existing defined analog
services to a two or four (2/4) wire analog Unbundled Loop in those instances where existing
facilities currently serving the end-user customer can be reused without requiring a field
technician dispatch. Except as defined below, existing analog services provisioned over
Integrated Digital Loop Carrier (IDLC) or originating out of a Remote Switching Unit (RSU) and
terminating on an exchange (EX) cable are not eligible for the BHC because the dispatch of a
field technician would be required. In addition, the coordination provisioning options for
Unbundled Loops are not available when using the BHC process.
A. The BHC process is available to migrate to unbundled Loops from the following
services whether they be in Qwest retail , Qwest resale: Residential POTS Business
POTS, Centrex 21 Centrex Plus/Centron , Analog DID , and public access lines. The
BHC process is also available to move End Users served by another CLEC via UNE-
or QPP directly to unbundled Loop in the event CLEC acquires that End User.
1. A modified BHC process can be used to transition Loops currently
provisioned over IDLC. In that circumstance, the IDLC batch must be
made up exclusively of lines currently provisioned over IDLC, and
identified and designated as such by CLEC using one of Qwest's Loop
qualification tools. In those circumstances, the IDLC batch will consist
of no more than 40 Loops per state per day. Qwest's scheduling tool
will be enhanced in a future IMA release if and to the extent the
enhancement is supported by the CLEC community. If approved , the
enhancement will include the ability to reserve due dates for IDLC in
cumulative batches of no more than 40 IDLC Loops per state per day.
Qwest and CLEC agree to support as a high priority the enhancement
for IDLC inclusion in the scheduling tool and will work this through the
systems prioritizations procedures in the Qwest Wholesale Change
Management Process. Qwest and CLEC will rank this enhancement
change request within the top twenty-five percent (250/0) of all change
requests to be prioritized through the Qwest Wholesale Change
Management Process when this change request is prioritized.
B. Except as set forth above for IDLC batches, the BHC must be for a minimum of
twenty-five (25) Unbundled Loops per CLEC per Central Office and a maximum of one
hundred (100) Unbundled Loops among all CLECs per Central Office , per day. There is
also a fourteen (14) state region-wide maximum for all CLECs of two thousand five
hundred (2 500) Loops per day for all of Qwest's Central Offices.
C. The BHC option is available during standard unbundled Loop business days
which are defined in the Provisioning and Installation Procedural PCA T. The Due Date
for the BHC process is set by a standard seven (7) business day installation interval.
Qwest will complete provisioning of the Loops associated with a particular batch
between 3:00 a.m. and 11 :00 a.m. local time on the Due Date.
D. Before CLEC submits any orders for unbundled Loops using the BHC process
CLEC and Qwest agree to schedule a meeting in order to create a CLEC specific
migration plan , if such plan is required. The migration plan shall include CO by
prioritization , volumes by CO , overall timeframe of migration to be agreed upon between
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Attachment A
CLEC and Qwest. The jointly developed CLEC migration plan will be assigned a priority
based upon its creation date, in the event multiple CLECs contend for batch hot cuts in
similar geographies and exceed volume thresholds as defined in Section B above. Upon
mutual agreement, the priority assigned to all or part of the jointly developed CLEC
migration plan may change. In this event, Qwest will coordinate with all parties to create
an overall migration plan that considers everyone s priorities and expectations.
1. If CLEC and Qwest are unable to reach a consensus on the migration
plan, any affected party shall have the right to appeal the migration plan to the
State Commission , and to seek expedited relief.
2. Once the migration plan is completed , the migration date for CLEC'
requests included in the BHC is established by CLEC through the use of the
appointment scheduling tool. All requests submitted in the appointment
scheduling tool will be processed on a first come , first served basis until the
Central Office maximum volume of one hundred (100) Unbundled Loop
migrations per day is reached or the two thousand five hundred (2 500) region-
wide per day maximum BHC volume is reached. However, if CLEC is found to
have submitted orders that materially alter the agreed upon migration plan , and
such order submission precludes another CLEC from submitting orders set forth
in its migration plan , CLEC's requests can be limited within the scheduling tool in
order to allow space for other CLEC orders.a. Requests beyond the Central Office or the region-wide maximum
volume will be scheduled for the next available Due Date.b. If CLEC is unable to reach the minimum volume of twenty-five (25)
Unbundled Loop migrations required for a BHC per Central Office, CLEC
may reschedule its BHC request to a Due Date when the minimum
volume can be met (subject to the migration plans of other CLECs). If
CLEC is unable to meet the minimum volume requirement, CLEC may
select an alternate Due Date utilizing any of the other six (6) installation
options for each individual request.3. CLEC shall request BHC installation by designating a "B" on its LSR in
the CHC field.
The Provisioning interval for the BHC is seven (7) business days.a. CLEC agrees to have dial tone present on its CFA by 12:00 a.
(midnight) local time on the first business day following order submittal.b. Qwest will complete pre-wire of the lines included in the batch
(other than IDLC batches) on either the second or third business day of
the Provisioning interval unless Qwest finds no dial tone or if the dial tone
is defective (e., reversal or wired to the wrong CLEC office equipment)
on the pre-wire date. During this time frame if a jeopardy exists , Qwest
will notify CLEC of the jeopardy via the BHC Status Tool. During this time
frame if a jeopardy exists, CLEC will commit to correct the no dial tone
condition and have dial tone available to Qwest by 3:00 a.m. local time on
the order Due Date. If CFA changes are required , CLEC will submit a
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Attachment A
supplement to the LSR by 12:00 p.m. (noon) local time on the fourth
business day of the standard interval. If CLEC dial tone is not availableor is defective on the Due Date Qwest will place CLEC's order
jeopardy status and require CLEC to supplement the LSR to establish a
new Due Date using either a new batch or using a different installation
option.1. If the jeopardy causes the number of lines in the batch to
drop below twenty (20) lines , Qwest reserves the right to reject the entire
batch and to place all lines associated with the BHC order into jeopardy
status.2. All related lines to the order placed into jeopardy (e.
related lines in a business or in a hunt group) shall also be placed into
jeopardy status.c. On both the pre-wire date (as noted above) as well as the lift and
lay date (the Due Date), Qwest will test for CLEC dial tone and ANI the
line to ensure that CLEC'dial tone is working properly. On the Due
Date, if the correct telephone number is working on CLEC's facilities
Qwest will monitor the line and perform the lift and lay. The lift and lay
removes CLEC's End User Customer line from the Qwest End Office
Switch and migrates the End User Customer line to CLEC's Switch.
Once CLEC has received notification via the BHC status tool, that a line
has been migrated CLEC will have two (2) hours to request that the
Unbundled Loop be restored back to its original state. The restoration
shall begin immediately upon request by CLEC. No response from CLEC
indicates acceptance of the order completion , and Qwest will proceed to
disconnect the original service. If CLEC requests removal from the batch
CLEC must issue a new or supplemental LSR to reinitiate the
provisioning process for the line(s) in question.d. Qwest will provision the lines in the batch in the order that makes
the most economic sense for Qwest. CLEC will not be able to dictate the
order in which the lines will be provisioned , except that multiple lines for a
single customer in a single location (including hunt groups) ordered on
the same LSR will be provisioned together.
E. The Batch Status Tool will provide CLEC with the current status of its BHC
requests for any given central office on an individualline-by-line basis. The Batch Status
Tool will return a display that will list status changes on BHC orders occurring for that
day. The display will provide the affected telephone numbers, order numbers, related
order numbers , CFA, and PON number associated with the BHC requested.
Subsequent changes to the status of any order will be noted in the Batch Status Tool.
The Batch Status Tool will provide, on the day of the cut, the start time and the
completion time on a line-by-line basis. If CLEC is interested in capturing the exact
moment the conversion work is completed , CLEC's current switch should have the
capability to capture ("trap ) the conversion and issue and request to have the
subscription submitted for number porting.
Currently, Qwest'BHC Status Tool and amendments to Appointment
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Attachment A
Scheduler to account for the BHC process are scheduled for deployment
October 18 , 2004. Such tools will not be available before that date. The BHCprocess will not be available as a provisioning option until these tools are
deployed.2. If there is a delay in deployment of these tools CLEC will be notified
using the existing Change Management processes.3. Once deployed , CLEC must use the Batch Status Tool and Appointment
Scheduler to utilize the BHC process.4. The Batch Hot Cut process defined here will not be in effect until the
Batch Status Tool and Appointment Scheduler are developed , tested , and
deployed.5. The DLC modified batch process will be excluded from the batch
scheduling tool until the time when systems modifications and enhancements , in
a future IMA release , are in place. However, IDLC conversions will be handled
on an exception basis using the manual methods until the time when these
modifications and enhancements are in place.
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