20041109Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.coln
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Kevin Shady
Light year Network Solutions LLC
1901 Eastpoint Parkway
Louisville, KY 40223
Telephone: [phone]
kevin. shad y~lightyear. com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND LIGHTYEAR
NETWORK SOLUTIONS, LLC FOR
APPROVAL OF A WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(E)
CASE NO.QWE- T -04-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Light year Network Solutions LLC ("Light year
hereby jointly file this Application for Approval of Amendment to the Interconnection
Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on
August 2 , 2004 (the "Agreement"). A copy of the Amendment 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 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.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Boise-178019.10029164-00016
Light year and Qwest respectfully submit this Amendment provides no basis for either of
these findings, and, therefore jointly request 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
Light year to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Light year and Qwest further request 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 9th day of November, 2004.
Qwest Corporation
::ffYh-
Stoel Rives LLP, Attorneys for Qwest
and
Kevin Shady
Light year Network Solutions LLC
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-178019.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 9th day of November, 2004, 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.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Kevin Shady
Light year Network Solutions LLC
1901 Eastpoint Parkway
Louisville, KY 40223
Telephone: [phone]
kevin.shad y~lightyear. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~/f?~J
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-178019.1 0029164-00016
Qwest DSL TM (with discount) provided with UNE-P Amendment
to the Interconnection Agreement between
Qwest Corporation
and
Light year Network Solutions, LLC
for the State of Idaho
This Amendment ("Amendment") is to the Interconnection Agreement between Qwest
Corporation ("Qwest") , a Colorado corporation , and Light year Network Solutions, LLC ("CLEC"
a Kentucky corporation.
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho ("Agreement") , that was approved by the Idaho Public Utilities Commission
Commission ); and
WHEREAS , the Parties wish 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 the terms , conditions and rates for Qwest DSL
(with discount) provided with UNE-, as set forth in Attachment 1 and Exhibit A, attached hereto
and incorporated herein.
Effective Date
This Amendment shall be deemed effective upon Commission approval; 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 will need to be completed by Qwest. CLEC will 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) billing 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 billing
cycle. The Parties agree that so long as Qwest implements the billing changes and the true-up
as set forth above, the CLEC's bills shall be deemed accurate and adjusted without error.
Term
The discount provided under this Amendment shall terminate on December 31 , 2005.
October 5, 2004/msd/Lightyear/DSL (with discount)IID
Amendment to CDS-O40615-0004
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.
Change of Law
A. The provisions in this Amendment are intended to be in compliance with and based on
the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state rules, regulations, and laws, as of April 1 , 2003 (the Existing Rules). Nothing
this Amendment 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. To the extent that the Existing Rules are
vacated, dismissed, stayed or materially changed or modified, then this Amendment shall be
amended to reflect such legally binding modification or change of the Existing Rules. Where the
Parties fail to agree upon such an amendment within sixty (60) Days after notification from a
Party seeking amendment due to a modification or change of the Existing Rules or if any time
during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for
a continuous period of fifteen (15) Days , it shall be resolved in accordance with the Dispute
Resolution provision of the Agreement. It is expressly understood that this Amendment will be
corrected , or if requested by CLEC, amended as set forth herein , to reflect the outcome of
generic proceedings by the Commission for pricing, service standards , or other matters covered
by this Amendment. Any amendment shall be deemed effective on the effective date of the
legally binding change or modification of the Existing Rules for rates, and to the extent
practicable for other terms and conditions, unless otherwise ordered. During the pendancy of
any negotiation for an amendment, pursuant to this Section , the Parties shall continue to
perform their obligations in accordance with the terms and conditions of this Amendment, for up
to sixty (60) Days. If the Parties fail to agree on an amendment during the sixty (60) Day
negotiation period, the Parties agree that the first matter to be resolved during Dispute
Resolution will be the implementation of an interim operating agreement between the Parties
regarding the disputed issues, to be effective during the pendancy of Dispute Resolution. The
Parties agree that the interim operating agreement shall be determined and implemented within
the first fifteen (15) Days of Dispute Resolution and the Parties will continue to perform their
obligations in accordance with the terms and conditions of this Amendment, until the interim
operating agreement is implemented. For purposes of this Section
, "
legally binding" means that
the legal ruling has not been stayed, no request for a stay is pending, and any deadline for
requesting a stay designated by statute or regulation , has passed.
B. In addition, but without limiting Section A above, nothing in this Amendment shall be
deemed an admission by Qwest or CLEC concerning the interpretation or effect of the FCC'
decision and rules adopted in In the Matter of Review of the Section 251 Unbundling Obligations
October 5, 2004/msd/Lightyear/DSL (with discount)/ID
Amendment to CDS-O40615-0004
of Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions
the Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147 Report and Order
on Remand FCC 03-36, nor rules, regulations and interpretations thereof, including but not
limited to state rules, regulations, and laws as they may be issued or promulgated regarding the
same ("Decision(s)"). 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 Decision or
concerning whether the Decision should be changed , vacated , dismissed, stayed or modified.
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,
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.
Light year Network Solutions, LLC
~l" J)~
Name Printed/Type
f)~
L. T. Christensen
Name Printed/Typed
10 -:1.2.-
Date
Director - Interconnection AQreements
Title
4/0 Date
Title
October 5, 2004/msd/Lightyear/DSL (with discount)IID
Amendment to CDS-O40615-0004
ATTACHMENT
ATTACHMENT
CLEC may order new or retain existing Qwest DSL TM service on behalf of End User Customers
when utilizing UNE-POTS, UNE-Centrex, and UNE-PBX (analog, non-DID trunks only)
combinations, where Technically Feasible. The price for Qwest DSLTM provided with UNE-
combinations is included in Exhibit A to this Agreement. Qwest DSL TM service provided to
Internet service providers and not provided directly to Qwest or CLEC's End User Customers is
not available with UNE-combinations. Retail promotions may not be combined with this
offering. Non-recurring charges associated with Qwest DSL TM are not subject to discount.
the event that GLEC migrates the voice service to Unbundled Loop, Qwest DSLTM service will
be disconnected.
October 5, 2004/msd/Lightyear/DSL (with discount)/ID
Amendment to CDS-O40615-0004
EXHIBIT A
EXHIBIT A
Recurring Non-Recurring
Qwest Miscellaneous Services Available With UNE-
Discounted Qwest DSL I M provided with See Applicable See Applicable
UNE-Qwest retail Tariff Qwest retail Tariff
catalog or price list catalog or price
- less the list.
applicable
Wholesale ACS
discount as
reflected in the
underlying
Interconnection
Agreement.
October 5, 2004/msd/Lightyear/DSL (with discount)IID
Amendment to CDS-O40615-0004