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Home My WebLink About20110726Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504Facsimile (206) 343-4040 RECEIVED Z011 JUl 26 AM 9t 51 Maura E. Peterson Paralegal Regulatory Law C'i,)Qwest~ Spirit of Service~ Via Overnight delivery July 25, 2011 Jean Jewell, Secretary Idaho Public Utilities Commission 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 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. Thank you for your mep Enclosure cc: Service list Lisa A. Anderl (WSBA# 13236) Qwest 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2502 Facsimile: (206) 343-4040 Adam. sherr (Q q west.com RECFI\f¡:n... ... ..__. .t¡ ~,. i",! 20 I i JUl 26 AM 9: 5 I c; , il"-J ...j 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 .04.09 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 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 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 Commssion, the United States Congress, and the Federal Communications Commssion. Expeditious approval of this Amendment wil enable AT&T to APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 QLSP Amendment 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 hearng. Because this Amendment was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a pary to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this is day of July, 2011. Lisa A. Anderl Attorney for Qwes APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2 QLSP Amendment CERTIFICATE OF SERVICE _it\t I hereby certify that on this Q.:S day of July, 2011, 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 Utilties Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 ¡¡ewell (fpuc.state.id.us Hand Delivery U. S. Mail -X Overnight Delivery Facsimile Email Corbin E. Coombs Director-Product Marketing Mgmt. 225 W. Randolph St. Z2 Room 17 A140 Chicago, IL 60606 Hand Delivery U. S. Mail -X Overnight Delivery Facsimile Email Maura Peterson Paralegal, Qwest APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 QLSP Amendment AMENDMENT TO QWEST LOCAL SERVICES PLATFORMTM AGREEMENT.Thisam~ndment ("Amendment"), by and between Owest Corporation ("Owest"), a Colorado corporation, and AT&T Corp., a Delaware corporation, on behalf of itself and its affliates AT&T Communications of the Mountain States, Inc., AT&T Communications of the Midwest, Inc., AT&T Communications of the Pacific Northwest, Inc., TCG Phoenix, TCG Colorado, TCG Omaha, TeG Minnesota, Inc., TCG Oregon, TCG Seattle, TCG Utah, and TC Systems, Inc. (collectively herein referred to as "CLEC."), each identified for purposes of this Agreement in the signature blocks below, and referred to separately as a "Party" or collectively as the "Parties", amends the Qwest Local Services Platform™ ("OLSpTM") Agreement between the Parties. WHEREAS, the Parties entered into a Owest Local Services Platform™ ("OLSpTM") Agreement ("Agreement") with an Effective Date of January 4, 2011; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and 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 modifying the following terms and conditions of Attachment 2 and Exhibit A. 1. Notwithstanding anything to the contrary in the Agreement, the rate sheet(s) attached hereto as Exhibit A shall apply to port rates for Services provided in the applicable state(s) identified therein. Except as expressly modified by this Amendment, all other rates reflected in the Agreement shall remain in full force and effect. 2. The last sentence of Section 3.4.1 of Attachment 2 to the Agreement is hereby deleted in its entirety. For the avoidance of doubt, notwithstanding anything to the contrary in the Agreement by which port rates could be increased, other than as amended hereby, port rates shall remain unchanged throughout the term of the Agreement (as such term is identified in Section 3 of the Agreement), except that the Parties understand and agree that the terms and conditions of the Agreement regarding the annual variable discount structure associated with CLEC growth and retention thresholds shall continue to apply throughout the term of the Agreement.. Effective Date This Amendment shall be deemed effective upon signature by both Parties. Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effèct. 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 of the Parties hereto. 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 by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter 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 subject matter of the Agreement, as amended. .June 2, 2011 (mms)/kjclAT&T/Amendment to OLSpTM (vS-2S-11) Page 1 of 2 (AT&T AZ=CDS-101220-0001); (AT&T CO=CDS-101220-0002); (AT&T IA=CDS-101220-000S); (AT&T ID=CDS-101220-0004); (AT&T MN=CDS-101220-0005); (AT&T MT=CDS.101220-0006); (AT&T ND=CDS-101220-0007); (AT&T NE=CDS-101220-o008); (AT&T NM=CDS-101220-0009); (AT&T OR=CDS-1 01220-001 0); (AT&T SD=CDS~101220-0011); AT&T (UT=CDS-101220-0012); (AT&T WA=CDS-1 01220-001S);(AT& T WY=CDS-101220-0014); (TC Systems-NM-CDS-110204-0001); (TCG-eO-CDS110204-0002); (TCG-MN-CDS-110204000S); (TCG Omaha-IA-CDS-110204-0004); (TCG Omaha-NE-CDS-110204-0005); (TCG Oregon-QRCDS-1102040006); (TCG Phoenix-AZ-CDS-110204-0007); (TCG Seattle-WA-CDS-110204-0008); (TCG Utah-UT-CDS-110204-0009) ; ,. AMENDMENT TO QWEST LOCAL SERVICES PLATFORMTM AGREEMENT . 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. Owest Corpration: ~TÚ~b -- AT&T Corp., and; AT&T Communications of the Mountan States, Inc. AT&T Comunications of the Midwest, Inc. AT&T Communications of the Pacific Nortwest, Inc. TCG Phoenix TeG Colorado TCGOmaha TCG Minnesota, Inc. TCGOregon TCG Seattle TCG Utah::S~~ Name: yeo'" h; n C?QCi" b¿ Title: i)reck,. Aue..u: 1"4n41'W)f! (- Date: 6 - 2' -2011 By: Name: L. T. Christensen Title: Date: Director.- wn1esaie eontracts¿/e.g-iiì I . June 2,2011 (mms)/kjclAT&T/Amendmentlo OLSpTM (vS..23-11) Page 2 of 2 (AT&T AZ=CDS-101220-0oo1); (AT&T CO=CDS..101220-0002); (AT&T IA=CDS-101220-0003); (AT&T ID=CDS-101220-0004); . (AT&T MN=CDS-101220-0005); (AT&T MT=CDS-101220-0006); (AT&T ND=CDS-101220-0007) (AT&T NE=CDS-101220-0008); (AT&T NM=CDS-101220-0009); (AT&T OR=CDS-1 01220-001 0); (AT&T SD=CDS-101220-0011); AT&T (UT=CDS-101220-0012); (AT&T WA=CDS-1 01220-0013); (AT&T WY=CDS-101220-0014); (TC Systems-NM-CDS-110204-0oo1); (TCG-CO.CDS110204-0002); (TCG-MN-CDS-110204-oo03); (TCG Omaha-IA-CDS-11 0204-0004); (TCG Omaha-NE-CDS-11 0204-0005); (TCG Oregon-ORCDS-11 0204-0006); (TCG Phoenix-AZ-CDS-110204-0007); (TeG Seattle-WA-CDS-110204-0oo8); (TCG Utah-UT-CDS-110204-0009) . . . Qwet Local Services Platform™ (QLSpTM) Rate Page. Nebraska Modified Local Switching Port Rate 109.11 Local Swiching Purchased As Part of QLSpTM 109.11.1 Port, Basic Plan 109.11.1.1 Analog Port $9.43 109.11.1.2 Residential end user credit LAWUR ($5.16)1 109.11.1.3 Effective QLSpTM Residential Analog Port $4.27 1 109.11.1.4 Digital Port (Supporting BRIISDN)$15.54 109.11.1.5 PBX DID Port $9.96 109.11.2 Intentionally Left Blank 109.11.3 Port, If 90% YOY Volume Retention Plan Requirements Are Met 109.11.3.1 Analog Port $8.49 109.11.3.2 Analog Port. Residential end user credit LAWUR ($4.30)1 109.11.3.3 Effective QLSpTM Residential Analog Port $4.18 1 109.11.3.4 Digital Port (Supporting BRIISDN)$15.54 109.11.3.5 PBX DID Port $9.96 109.11.4 Intentionally Left Blank 109.11.5 Port, If 115% YOY Volume Growth Plan Requirements Are Met 109.11.5.1 Analog Port $6.60 109.11.5.2 Analog Port, Residential end user crdit LAWUR ($2.59)1 109.11.5.3 Effective QLSpTM Residential Analog Port $4.01 1 109.11.5.4 Digital Port (Supporting BRIISDN)$15.54 109.11.5.5 PBX DID Port $9.96 109.11.Intentionally Left Blank Notes: 1 QLSP~ Business and Residential services utilze the same Class of Service and line Universal Service Order codes (USOCs). QLSpm Residential services will be biled at the Analog Port rate and only those lines that specifically qualify for and are Identifed as serving a residential end-user customer by the presence ofthe LAWUR USOC wil receive the Residential end user credit. ..,-- Qwest Local Services Platorm™ (QLSpTM) Rate Page - Minnesota Modified Local Swithing Port Rate . 109.11 Local Switching Purchased As Part of QLSpTM 109.11.1 Port, Basic Plan 109.11.1.1 Analog Port $10.75 109.11.1.2 Residential end user credit LAWUR ($4.03)1 109.11.1.3 Effective QLSpTM Residential Analog Port $6.72 1 109.11.1.4 Digital Port (Supportng BRIISDN)$16.99 109.11.1.5 PBX DID Port $10.58 109.11.2 Port, If 80% yay Volume Retention Plan Requirements Are Met 109.11.2.1 Analog Port $10.21 109.11.2.2 Analog Port, Residential end user crit LAWUR ($3.56) 109.11.2.3 Effctive QLSpTM Residential Analog Port $6.65 109.11.2.4 Digital Port (Supporting BRIISDN)$16.99 109.11.2.5 PBX DID Port $10.58 109.11.3 Port, If 90% yay Volume Retention Plan Requirements Are Met 109.11.3.1 Analog Port $9.68 109.11.3.2 Analog Port, Residential end user credit LAWUR ($3.09)1 109.11.3.3 Effecte QLSpTM Residential Analog Port $6.59 1 109.11.3.4 Digital Port (Supporting BRIISDN)$16.99 109.11.3.5 PBX DID Port $10.58 109.11.4 Intentionally Blank 109.11.6 Port, If 116% yay Volume Gro Plan Requirements Are Me 109.11.5.1 Analog Port $7.53 109.11.5.2 Analog Port, Residential end user credit LAWUR ($1.21)1 109.11.5.3 Effective QLSpTM Residential Analog Port $6.32 1 109.11.5.4 Digital Port (Supportng BRIISDN)$16.99 109.11.5.5 PBX DID Port $10.58 109.11.6 Intentionally Blank . Notes: 1 QLSP'. Business and Residential services utilize the same Class of Service and line Universal Service Order codes (USOes). QLSP" Residential services wil be billed at the Analog Port rate and only those lines that specifically qualify for and are Identified as serving a residental end-user customer by the presence of the LAWUR usoe wil receive the Residential end user credit. .