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HomeMy WebLinkAbout20050701Amendment.pdf""""'- LLt/V' "'=~~ tzJ if"'~"" L,,Mary 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~stoel. com fL. "'ft lUU:J uf.. - Pr1 2:45 tIn' Pi itn ." . jJI;.j i VOL U IILII rES COl1HISSfON 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 June 22 2004 (the "Agreement"). The Amendment with AT&T Communications of the Mountain States, Inc. ("AT&T") 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 Communications Commission. Expeditious approval of this Amendment will enable AT&T to APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1 Boise-185297.1 0029164-00016 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 29th day of June, 2005. Qwest Corporation ary S. bson Stoel Rives LLP, Attorneys for Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2 Boise-185297.10029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this day of.:/itr( 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. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Mitchell H. Menezes AT&T Corp. 1875 Lawrence Street - Room 15- Denver, CO 80202 Telephone: (303) 298-6493 Mmenezes~att.com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Michael Hydock AT&T Corp. 1875 Lawrence Street - Room 8- Denver, CO 80202 Telephone: (303) 298-6769 Mhydock~att.com 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 Boise-185297.10029164-00016 Collocation Joint Inventory Visit Amendment No. to the Interconnection Agreement between Qwest Corporation and AT&T Communications of the Mountain States, Inc. for the State of Idaho This is an Amendment ("Amendment") for Collocation Joint Inventory Visit to the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and AT&T Communications of the Mountain States , Inc. ("CLEC" ). CLEC and Qwest shall be known jointly as the "Parties RECITALS WHEREAS , CLEC and Qwest entered into an Interconnection Agreement ("Agreement") which was approved by the Commission; 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 Collocation Joint nventory Visit as set forth in Attachment 1 and Exhibit A, to this Amendment, attached hereto and incorporated herein by this reference. Effective Date 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, 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. 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. Att-id-colo joint inventory visit amd Amendment to CDS-O40129-0006 Entire Aareement The Agreement as amended (including Attachment 1 and Exhibit A 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 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. AT&T Communications of the Mountain States, Inc.~ddvJ Sig , ture Qwest Corporation Cynthia Batchelder Name Printed/Typed Steven Hansen Name PrintedfTyped Carrier Relations Vice President Global Access Manaqement Title VP Wholesale Title June 15. 2005 Date Date ~11 IpS Att-id-colo joint inventory visit amd Amendment to CDS-O40129-0006 ATTACHMENT 1 Collocation Joint Inventory Visit Description Collocation Joint Inventory Visit allows a CLEC to request a comprehensive visit with Qwest at an existing CLEC central office Collocation site. The purpose of this Joint Inventory Visit is to perform a complete inventory of a CLEC collocation site including the review of: space, power, terminations , synchronization administrative lines all collocated virtual equipment, common area splitter, AC outlets, and to verify billable rate elements versus actual billing There will be no time allocated during the visit for testing or repairing items identified. The Joint Inventory Visit Process excludes physical review of the Entrance Facility POI location. The inventory will be documented and any deviations (e. between the inventory and the Qwest billing for the collocation site) identified on a Collocation-Joint Inventory Visit Form. This form will become the basis for a follow-up corrective action plan based on mutual agreement. A copy will be provided prior to the wrap-up conference call. One possible corrective action may be that Qwest would adjust its billing to CLEC for the inventoried collocation site to insure that the billing reflects only the inventoried items. Terms Joint Inventory Visit is available for any Central Office premise type of Collocation. Joint Inventory Visit quote will be communicated from the Qwest Collocation Project Management Center (CPMC) via email to the CLEC and followed by an invoice requiring 1000/0 payment. Quotes are sustainable upon receipt, since the shortened timeframe requires immediate processing by Qwest. Although the process for Joint Inventory Visit calls for a quote, the Parties acknowledge that the aggregate of all charges associated with Joint Inventory Visit, including the quote, shall not exceed the amount of the Joint Inventory Visit Fee set forth in Exhibit A. The visits will be conducted during normal business hours defined as: Monday through Friday from 8am to 5pm local time excluding Qwest recognized holidays. 2.4 The Qwest employee conducting the visit will be a management employee knowledgeable about the collocation of telecommunications services. The Qwest representative will be identified by a State Interconnect Manager (SICM). The overall process for a Collocation Joint Inventory Visit will be sixty (60) Days from receipt of a valid and complete application to completion of the wrap-up conference call. A maximum of two scheduling visits will be planned per application subject to a minimum forty-eight (48) hour cancellation policy. Any cancellation less than forty-eight (48) hours prior to the scheduled Joint Inventory Visit time or failure to conduct the visit Att-id-colo joint inventory visit amd Amendment to CDS-O40129-0006 by CLEC will result in CLEC being billed and no deliverables received. Ordering CLEC must submit a "Joint Inventory Visit Application" to order a Collocation Joint Inventory Visit. The Joint Inventory Visit Application is available at http://www.qwest.com/wholesale/pcaUcollocation. htm I#im p Each site requested will require a separate application form. A site is defined as each eleven digit CLLI code location. CLEC will receive an email acknowledgment of the application receipt and validation or feedback on any information requiring clarification within one (1) business Day. Rate Elements The pricing for this process is a state specific nonrecurring charge identified in Exhibit A. Att-id-colo joint inventory visit amd Amendment to CDS-O40129-0006 Exhibit A Joint Inventory Visit Fee Rate Elements Qwest 14 States Joint Inventory Visit Fee Unit Per Visit Att-id-colo joint inventory visit amd Amendment to CDS-O40129-0006 Non-Recurrin 610.