20070927Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
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Maura E. Peterson
Paralegal
Regulatory Law
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September 25, 2007
Jean Jewell , Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-04-
Application for Approval of Amendment to the Interconnection Agreement
OrbitCom, Inc.
Dear Ms. Jewell:
Enclosed for filing 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.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this e .
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr~qwest.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 July 8, 2004 (the "Agreement"). The Amendment with OrbitCom, Inc.
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) ofthe 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 ofldaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable OrbitCom
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
OrbitCom, Inc.
Single Point of Presence Amendment
Inc. 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 9-5~ay of September, 2007.
Qwest Corporation
-----
Adam L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
OrbitCom, Inc.
Single Point of Presence Amendment
CERTIFICATE OF SERVICE
I hereby certify that on this 25'day of September 2007, 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
i i ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
OrbitCom, Inc.
Brad VanLeur, President
1701 N. Louise Ave.
Sioux Falls, SD 57107
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
OrbitCom, Inc.
, Single Point of Presence Amendment
Single Point of Presence (SPOP) Amendment
to the Interconnection Agreement
Between
Qwest Corporation
and
OrbitCom Inc.
For the State of Idaho
This is an Amendment ("Amendment") for Single Point of Presence (SPOP) to the
Interconnection Agreement between Qwest Corporation "Qwest", a Colorado
corporation , and OrbitCom Inc. ("CLEC"). Qwest and CLEC shall be known jointly as the
Parties
" .
RECIT ALS
WHEREAS , Qwest and CLEC entered into an Interconnection Agreement (such
Interconnection Agreement, as amended to date, being referred to as the "Agreement")
for services in the state of Idaho which was approved by the Idaho Public Utilities
Commission ("Commission ) on July 8, 2004 as referenced in Case No. QWE-04-13;
and
WHEREAS, Qwest and CLEC desire to amend the Agreement by adding 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:
1. Amendment Terms.
This Amendment is made in order to add terms, and conditions for Single Point of
Presence ("SPOP") in the LATA as set forth in Attachment 1 and Exhibit A attached
hereto and incorporated herein.
Neither Party shall lose any of its rights from the original contract by entering into this
Amendment for SPOP.
Rates in Exhibit A will 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.
2. Effective Date.
This Amendment shall be deemed effective upon the Commission approval
however, the Parties may agree to implement the provisions of this Amendment
upon execution.
August 20, 2007/kcd/ OrbitComllSPOP AmdllD
Amendment to CDS-040603-0002
4/25/03
updated 5/30/03
-==:::-::-------
-::3:-:-Further Amendments.
Amendments; Waivers. The provisions of this Agreement, including the provisions of
this sentence, may not be amended , modified or supplemented, and waivers or
consents to departures from the provisions of this Agreement 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.
4. Entire Agreement.
This Agreement (including the documents referred to herein) constitutes the full and
entire understanding and agreement between the Parties with regard to the subjects
of this Agreement 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 this Agreement.
OrbitCom Inc.
Authorized Signature
L. T. Christensen
Name PrintedfTyped
pILL-Iv
Director-Interconnection Aqreements
Title
.:z kCjS- /07
DateDate
August 20, 2007/kcd/ OrbitComllSPOP Amd/ID
Amendment to CDS-040603-0002
4/25/03
updated 5/30/03
Attachment 1
Single Point of Presence (SPOP) in the LATA is a Local Interconnection Service (LIS)
Interconnection trunking option that allows CLEC to establish one physical point of
presence in the LATA in Qwest's territory. Qwest and CLEC may then exchange traffic at the
SPOP utilizing trunking as described following.
By utilizing SPOP in the LATA CLEC can deliver both Exchange Access
(IntraLATA Toll Non-IXC) and Jointly Provided Switched Access (InterLATA and IntraLATA
IXC) traffic and Exchange Service EAS/Local traffic at Qwest's Access Tandem Switches.
CLEC can also utilize Qwest's behind the tandem infrastructure to terminate traffic to specific
end offices. The SPOP is defined as the CLEC 's physical point of presence.
SPOP in the LATA includes an Entrance Facility (EF), Expanded Interconnect
Channel Termination (EICT), or Mid Span Meet POI and Direct Trunked Transport (DTT)
options available at both a DS1 and DS3 capacity.
Where there is a Qwest local tandem serving an end office that CLEC intends to
terminate traffic, the following conditions apply:
All local trunking must be ordered to the Qwest local tandem for the
Qwest end office served by the Qwest local tandem , subject to the 512 CCS rules.
Alternatively, the CLEC may choose to use the Qwest access tandem for local traffic in
those circumstances where the traffic volumes (less than 512 CCS) do not justify direct
connection to the Qwest local tandem. When there is a DS1 's worth of local traffic
(512 CCS) between the CLEC's SPOP and those Qwest end offices subtending a
Qwest local tandem , CLEC will order a direct trunk group to the Qwest local tandem.
When a CLEC has an NXX that subtends a local tandem , but
the anticipated traffic to and from the NXX is less than 1 DS1s (512 CCS) worth
of traffic, the CLEC may choose to use the access tandem for local traffic in the
circumstances described above in 1.1. The CLEC will be required to submit
an electronic letter on CLEC letterhead to Qwest stating at which local tandems
they will not interconnect. This letter should include, the local tandem CLLI(s)
and the CLEC specific NPA-NXXs for the local tandems. In addition , CLEC will
provide a revised electronic letter to Qwest of any changes in the network
configuration or addition/deletions of NPA-NXXs of the aforementioned local
tandems.
Connections to a Qwest local tandem may be two-way or one-way
trunks. These trunks will carry Exchange Service EAS/Local traffic only.
A separate trunk group to the Qwest access tandem is necessary for
the exchange of non-local Exchange Access (lntraLATA Toll Non-IXC) traffic and
jointly Provided Switched Access (InterLATA and IntraLATA IXC) traffic.1.4 Where there is no Qwest local tandem serving a Qwest end office, CLEC may
choose from one of the following options:
August 20, 2007/kcd/ OrbitComllSPOP AmdllD
Amendment to CDS-040603-0002
4/25/03
updated 5/30/03
1.4.A two-way CLEC LIS trunk group to the Qwest access tandem for
CLEC traffic terminating to , originating from , or passing through the Qwest network that
combines Exchange Service EASt Local , Exchange Access (IntraLATA Toll Non-IXC)
and Jointly Provided Switched Access (InterLATA and IntraLATA IXC) traffic.
1.4.A two-way CLEC LIS trunk group to the Qwest access tandem for
CLEC Jointly Provided Switched Access (lnterLATA and IntraLATA IXC) traffic
terminating to and originating from the IXC Feature Group (FG) NBID network through
the Qwest network and an additional two-way trunk group to the Qwest access tandem
for the combined Exchange Service EASt Local and Exchange Access (IntraLATA Toll
Non-IXC) traffic terminating to, originating from , and transiting the Qwest network.
1.4.If the CLEC uses two way trunking, Qwest will send all
Exchange Service EAStLocal, Exchange Access (lntraLATA Toll Non-IXC) and
Jointly Provided Switched Access (InterLATA and IntraLATA IXC) traffic
delivered to the Qwest access tandem on the same combined trunk.
1.4.A one-way terminating CLEC LIS trunk group to the Qwest access
tandem for CLEC traffic destined to or through the Qwest network that combines
Exchange Service EAStLocal, Exchange Access (Intra LATA Toll Non-IXC) and Jointly
Provided Switched Access (InterLATA and IntraLATA IXC) traffic.1.4.4 CLEC may utilize a one-way LIS trunk group to the Qwest access
tandem for Jointly Provided Switched Access (InterLATA and IntraLATA IXC) traffic
terminating to the IXC FG NBID network through the Qwest network , and an additional
one-way trunk group to the Qwest access tandem for the combined Exchange Service
EASt Local , Exchange Access (IntraLATA Toll Non-IXC) traffic terminating to
originating from , and transiting the Qwest network.
1.4.4.If CLEC orders either of the above one-way trunk options
Qwest will return the traffic via one combined Exchange Service EASt Local
and Exchange Access (IntraLATA Toll Non-IXC) trunk group.
1.4.To the extent Qwest combines Exchange Service (EAStLocal),
Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers), and
Jointly Provided Switched Access (InterLATA and IntraLATA calls exchanged with a
third-party IXC) traffic on a single LIS trunk group, Qwest, at CLEC's request, will
declare a percent local use factor (PLU). Such PLU(s) will be verifiable with either
call summary records utilizing Calling Party Number information for jurisdictionalization
or call detail samples. CLEC should apportion per minute of use (MOU) charges
appropriately.
Qwest assumes CLEC will be originating traffic destined for end users served by
each Qwest access tandem in the LATA, therefore, CLEC must order LIS trunking to each
Qwest access tandem in the LATA to accommodate routing of this traffic. Additionally, when
there is more than one Qwest access tandem within the LATA boundary, the CLEC must order
LIS trunking to each Qwest access tandem that serves its end-user customers' traffic to avoid
call blocking. Alternatively, should the CLEC accept the conditions as outlined in the SPOP
Waiver (Exhibit A), trunking will not be required to each Qwest access tandem in a multi-
access tandem LATA. Should the CLEC not be utilizing the option of interconnecting at the
access tandem for local, due to low volume of local traffic under the circumstances described
August 20, 2007/kcd/ OrbitComllSPOP AmdllD 4/25/03
Amendment to CDS-040603-0002 updated 5/30103
----- --
in 1.3:1~-GLEe:-needstrunk:ing only to each local tandem where they have a customer base.
The 512 CCS rule and other direct trunking requirements will apply for direct trunking to Qwest
end offices.
If Direct Trunked Transport is greater than 50 miles in length , and existing facilities are
not available in either Party s network, and the Parties cannot agree as to which Party will
provide the facility, the Parties will construct facilities to a mid-point of the span.
CLEC will provide notification to all Co-Providers in the local calling areas of CLEC'
change in-routing when the CLEC chooses to route its traffic in accordance with Qwest'
SPOP interconnection trunking.
Ordering
SPOP in a LATA will be ordered based upon the standard ordering
process for the type of facility chosen. See the Qwest Interconnection and Resale
Resource Guide for further ordering information.
CLEC will issue ASRs to disconnect/new connect existing access
tandem trunk groups to convert them to SPOP trunk groups.
In addition , the ASR ordering SPOP trunks will include SPOP Remarks
Single POP in LATA" and the SPEC Field must carry "SPOLATA.
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August 20, 2007/kcd/ OrbitComllSPOP AmdllD
Amendment to CDS-040603-0002
4/25/03
updated 5/30/03
=:..:.--=;:-==--=-~-:::-.:=---=-=-----=-~-----_._------
EXHIBIT A
SINGLE POINT OF PRESENCE WAIVER
Qwest will waive the requirement for CLEC to connect to each Qwest Access Tandem in the
LATA with this waiver amendment.
CLEC certifies that it will not originate any traffic destined for subtending offices of Qwest's
Access Tandems for which CLEC seeks a waiver. Or, if CLEC does originate such traffic, that
- -- CLEC-will-route such traffic-to a Non-Qwest network. In addition , CLEC certifies that it has no
end users in the serving area of the Qwest Access Tandem for which CLEC seeks a waiver.
CLEC will send an electronic letter to Qwest indicating the Qwest access tandems subject to
this waiver at the time of ordering trunks required to implement SPOP in the LATA.
addition , CLEC will provide a revised electronic letter to Qwest advising of any changes in the
network configuration of the aforementioned access tandems. Should CLEC desire to begin
serving end users in the serving area of a Qwest access tandem currently under this waiver
GLEC must first establish trunking to the Qwest access tandem. Additionally, should CLEC
desire to originate traffic destined to a Qwest end office subtending a Qwest access tandem
currently under this waiver, CLEC must first establish trunking to the Qwest access tandem.
Should misrouted traffic occur, the Parties agree to meet within forty-five (45) days of Qwest'
identification of such misrouted traffic to discuss methods for avoiding future misrouting on that
trunk group or groups. CLEC will then have thirty (30) days from the date of meeting to correct
such misrouting on that trunk group or groups. If further misrouting occurs or continues after
that date on the same trunk group or groups as the original misrouting identified , the Parties
agree to meet again within thirty (30) days of Qwest's identification of such misrouted traffic to
discuss methods for avoiding future misrouting on that trunk group or groups. CLEC will then
have thirty (30) days from the date of meeting to correct such misrouting. If further misrouting
occurs or continues after that date on the same trunk group or groups, Qwest will consider this
waiver null and void and all requirements in Attachment 1 or in the existing Interconnection
Agreement currently in effect between the Parties will be reinstated. If the Parties disagree
about whether the traffic identified by Qwest was actually misrouted, the Parties agree to avail
themselves of the dispute resolution provision of their interconnection agreement.
August 20 2007/kcdl OrbitComllSPOP AmdllD
Amendment to CDS-040603-0002
4/25/03
updated 5/30/03