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HomeMy WebLinkAbout20100402Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 Fll:,(~E' totO APR -2 Al~ 9= 31 Qwest~ Spirit of Service~ Maura E. Peterson Paralegal Regulatory Law Via Overnight delivery April i, 2010 Jean Jewell, Secretar Idaho Public Utilities Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. QWE- T -04-9 Application for Approval of Amendment to the Interconnection Agreement AT&T Communications of the Mountain States, Inc. Dear Ms. Jewell: Enclosed for filing with this Commssion 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 Commssion Decision Meeting Agenda for expedited approvaL. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this matter. ~¡îcrreiy" " ~a~~E. mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 1506 Seattle, W A 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherrC!qwest.com Rr:SF 2010 APR -2 AM 9= 38 BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNCTION AGREEMENT PURUANT TO 47 U.S.C. §252(e) CASE NO.: QWE- T -04-09 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilties Commssion 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 Commssion may reject an amendment reached through voluntar negotiations only if the Commssion finds that: the amendment (or portiones) thereof) discriminates against a telecommunications carer 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 Commssion 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 Commssion, the United States Congress, and the Federal Communications Commssion. Expeditious approval of this Amendment wil enable AT&T to APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 1 Amendment for Collo Mise Labor Charges interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commssion approve this Amendment without a hearng. Because this Amendment was reached through voluntar negotiations, it does not raise issues requiring a hearng and does not concern other paries not a pary to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this i day of April, 2010. Qwest Corporation~Adam L. Sherr Attorney for Qwest APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2 Amendment for Collo Mise Labor Charges .. CERTIFICATE OF SERVICE* I hereby certify that on this L day of April, 2010, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 jjewell C! puc. state.id. us Hand Delivery U. S. Mail -- Overnight Delivery Facsimile Email L. Fredrik Cederqvist Senior Attorney AT&T Services, Inc. 32 A venue of the Americas RoomE561 New York, NY 10013 Hand Delivery U. S. Mail -- Overnight Delivery Facsimile E ail APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTRCONNCTION AGREEMENT - Page 3 Amendment for Collo Mise Labor Charges ex \) 6-1--0'!-O.Collocation Miscellaneous Labor Charges Amendment to the Interconnection Agreement between Qwest Corporation and AT&T Communications of the Mountain States, Inc. for the State of Idaho t""! i- -, r-¡:"~tc t.,: t: f 20W APR -2 AM 9= 38 This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and AT&T Communications of the Mountain States, Inc.. ("CLEC"). 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 Commission ("Agreement"); and WHEREAS, the Parties agree 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 Collocation Miscellaneous Labor Charges language and rates, as set forth in Attachment 1 and Exhibit A, attached hereto and incorporated herein. Effective Oat& 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 billing 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 by the end of the second biling cycle. The Parties agree that so long as Qwest implements the billing changes and the true-up as set forth above, CLEC's bils shall be 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 withotJt the written consent thereto by both Parties' February 16, 2010/ked/AT&T/Collo Mise Labor Charges/ID Amendment to CDS-040129-0006 .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) 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.Qwest Corporation ~~~~~ h Signature '1,\ \ ~..'\ U-L\Jù: Name Printedrryped \,"(~à" - \"r~..Ll1\dib ~~~~ Title ~\C)Date " --rU'bi Signature L. T. Christensen Name Printedrryped Director - Wholesale Contracts Title ?i/?D7Date . February 16, 20101kcd/AT&T/Collo Mise Labor Charges/lD Amendment to CDS-Q40129-0006 2 . . . ATTACHMENT 1 Miscellaneous Labor Charges - All Collocation The following language wil be added to the Agreement. 8.3.1 Rate Elements - All Collocation Rate elements for Collocation are included in Exhibit A. 8.3.1.18 Intentionally Left Blank. Intentionally Left Blank. Intentionally Left Blank. Intentionally Left Blank. 8.3.1.19 8.3.1.20 8.3.1.21 8.3.1.22 Maintenance Labor. Provides for the labor necessary for repair of out of service and/or service-affecting conditions and preventative maintenance of CLEC collocated equipment. CLEC is responsible for ordering maintenance spares. Qwest will perform maintenance and/or repair work upon receipt of the replacement maintenance spare and/or equipment from CLEC. A call-out of a maintenance technician after business hours is subject to a minimum charge of three (3) hours. 8.3.1 .23 Engineering Labor. Provides the planning and engineering of CLEC collocated equipment at the time of installation, change or removaL. 8.3.1.24 Installation Labor. Provides for the installation, change or removal of CLEC collocated equipment. February 16, 2010/ked/AT&T/Collo Mise Labor Charges/ID Amendment to CDS-Q40129-0006 3 AT10:19 AM Communications of the Mountain States, Inc.Exhibit A Idaho $29.01 15 $39.00 15 8.1.21.2 $32.94 15 $43.31 15 8.1.21.3 $31.77 15 $41.32 15 Fe t-.~._..- ~.-:... fr:- r.~. ;'" Elf 12-29-08 (COMA)Page 1 of 1