20040720Amendments.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho bson~stoe1. com
ECEIVED illFILED
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Tina Davis
Time Wamer Telecom
10475 Park Meadows Drive
Littleton, CO 80124
Telephone: [phone]
Facsimile: [phone]
tina. davis~twtelecom. com
JOINT APPLICATION OF QWEST
CORPORATION AND TIME WARNER
TELECOM OF IDAHO LLC FOR APPROVAL
OF A WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.
~252(E)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.!1/dE- /-tJ 1/ J.t7
APPLICATION FOR APPROVAL OF
AMENDMENTS TO THE INTERCONNECTION
AGREEMENT
Qwest Corporation ("Qwest") and Time W aIDer Telecom of Idaho LLC ("Time Wamer
hereby jointly file this Application for Approval of Amendments to the Interconnection
Agreement, which was submitted to the Idaho Public Utilities Commission for approval on July
, 2004 (the "Agreement"These amendments provide for Single Point of Presence
and Collocation Available Inventory, respectively (theCollocation Decommission
Amendments ). A copy of the Amendments are submitted herewith.
These Amendments were reached through voluntary negotiations without resort to
mediation or arbitration and are 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
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-l?3??I.1 0029164-00016
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Time Warner and Qwest respectfully submit these Amendments provide no basis for
either of these findings, and, therefore jointly request that the Commission approve these
Amendments expeditiously. These Amendments are 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 these
Amendments will enable Time Warner to interconnect with Qwest facilities and to provide
customers with increased choices among local telecommunications services.
Time Warner and Qwest further request that the Commission approve these Amendments
without a hearing. Because these Amendments were reached through voluntary negotiations
they do not raise issues requiring a hearing and do not concern other parties not a party to the
negotiations. Expeditious approval would further the public interest.
Respectfully submitted this 19th day of July, 2004.
Mary S. obson
Stoel Rives LLP, Attorneys for Qwest
and
Tina Davis
Time Warner Telecom of Idaho LLC
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-173771.l 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 19th day of July, 2004, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENTS 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
Boise, Idaho 83720-0074
i i ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Tina Davis
Time Warner Telecom
10475 Park Meadows Drive
Littleton, CO 80124
Telephone: [phone]
Facsimile: [phone]
tina. davis~twtel ecom. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Brian Thomas
Time Warner Telecom
233 Taylor Avenue North
Seattle, W A 98101
Telephone: [phone]
Facsimile: [phone]
brian. thomas~twtelecom. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~dI~~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-173771.1 0029164-00016
Single Point of Presence (SPOP) Amendment
to the Interconnection Agreement
Between
Time Warner Telecom of Idaho LLC
and
Qwest Corporation
For the state of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Time
Warner Telecom of Idaho LLC , a Delaware limited liability company ("TWTC" or "CLEC"
and Qwest Corporation ("Qwest") , a Colorado corporation. TWTC and Qwest shall be
known jointly as the ("Parties
RECITALS
WHEREAS, the Parties entered into a new Interconnection Agreement for service in the
State of Idaho ("Agreement"); and
WHEREAS, the Parties wish to amend the aforementioned Agreement by adding the
terms and conditions contained herein; and
WHEREAS, the Agreement and this Amendment will be filed concurrently with the Idaho
Public Utilities Commission ("Commission
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 Agreement by entering into
this Amendment for SPOP.
2. Effective Date.
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.
3. 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
June 29, 2004/lhdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: SPOP Amend.ID.SLS Revised 1/8/03
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 Aareement
The Agreement as amended (including the documents referred to herein) constitutes
the full and entire understanding and agreement between the Parties with regard tothe 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.
Time Warner Telecom of Idaho LLC
By: Time Warner Telecom Holdings Inc.
its sole member
Qwest Corporation
Authorized Signature Authorized Signature
TIna Davis
Name PrintedfTYPElSt~; ~~~s
~;~~~~~
L. T. Christensen
Name PrintedfTyped
JUL 0 7 200~
Director - Interconnection Aareements
Title
tfiDate
Title
Date
June 29, 2004/lhdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: SPOP Amend.ID.SLS Revised 1/8/03
Attachment
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 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, 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 '
worth of local traffic (512 CCS) between 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 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 CLEC may choose to use the access tandem for local traffic in the
circumstances described above in 1.1. 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 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.
3 A separate trunk group to the Qwest access tandem is necessary for the
exchange of non-local Exchange Access (IntraLATA 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:
1.4.1 A two-way CLEC LIS trunk group to the Qwest access tandem for CLEC traffic
June 29, 2004/lhdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: SPOP Amend.ID.SLS Revised 1/8/03
terminating to, originating from , or passing through the Qwest network that
combines Exchange Service EASI Local Exchange Access (IntraLATA Toll
Non-IXC) and Jointly Provided Switched Access (lnterLATA and IntraLATA
IXC) traffic.
1.4.2 A two-way CLEC LIS trunk group to the Qwest access tandem for CLEC Jointly
Provided Switched Access (InterLATA and IntraLATA IXC) traffic terminating to
and originating from the IXC Feature Group (FG) AlB/D network through the
Qwest network and an additional two-way trunk group to the Qwest access
tandem for the combined Exchange Service EASI Local and Exchange Access
(lntraLATA Toll Non-IXC) traffic terminating to, originating from, and transiting
the Qwest network.
1.4.3 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 EAS/Local 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 AlB/D network through the Qwest network, and an
additional one-way trunk group to the Qwest access tandem for the combined
Exchange Service EASI Local Exchange Access (IntraLATA Toll Non-IXC)
traffic terminating to, originating from , and transiting the Qwest network.
1.4.4.1 If CLEC orders either of the above one-way trunk options, Qwest will
return the traffic via one combined Exchange Service EASI Local, and
Exchange Access (IntraLATA Toll Non-IXC) trunk group.
1.4.To the extent Qwest combines Exchange Service (EAS/Local), 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, CLEC
must order LIS trunking to each Qwest access tandem that serves its end-user
customers' traffic to avoid call blocking. Alternatively, should 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 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 in 1., CLEC needs trunking only to
each local tandem where it has a customer base. The 512 CCS rule and other direct
trunking requirements will apply for direct trunking to Qwest end offices.
June 29, 2004/lhdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: SPOP Amend.ID.SLS Revised 1/8/03
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 jointly provision and construct facilities to a mid-
point of the span, each at its own cost.
CLEC will provide notification to all Co-Providers in the local calling areas of CLEC'
change in routing when CLEC chooses to route its traffic in accordance with Qwest's
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 disconnecUnew 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 "SPOLA T A .
June 29, 2004/lhdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: SPOP Amend.ID.SLS Revised 1/8/03
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
CLEC 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'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 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.
June 29, 2004/lhdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: SPOP Amend.ID.SLS Revised 1/8/03
Interconnection Amendment Commentary
Carrier:Time Warner Telecom, Inc.
Agreement Number:
State:
CDS-O40622-000
CDS-040622-0002-
CDS-O40622-0003 - ID
AZ & ID
Negotiator:Sales
Prepared By (CD&S):Luba Hromyk
Type of Amendment:Collocation Available Inventory
Date Received by Qwest:7/8/04
Date Signed by Qwest:
Commentary: (Provide Section reference numbers)
Significant Changes (Include changes that deviate from standard product/process):
Other comments (Language changes not requiring product/process changes):
COMMENTARY:
The standard template for Collocation Available Inventory was prepared with no substantive
changes.
Luba Hromyk
Qwest Legal DepUCD&S
1801 California St., Suite 900
Denver, CO 80202
Tel No. 303-383-6544
Fax No. 303-383-6664
Lu ba. H romyk~qwest. com
PAP Yes (circle one)
If PAP YES then Fax to Les Filkowski - 206-346-8938
Collocation Decommission Amendment
to the Interconnection Agreement between
Qwest Corporation and
Time Warner Telecom of Idaho LLC
I n the State of Idaho
This is an Amendment ("Amendment") for Collocation Decommission to the Interconnection
Agreement between Qwest Corporation ("Qwest") , a Colorado corporation , and Time Warner
Telecom of Idaho LLC, a Delaware limited liability company ("TWTC or CLEC"
).
TWTC and
Qwest shall be known jointly as the ("Parties
RECITALS
WHEREAS, the Parties entered into a new Interconnection Agreement for service in the State of
Idaho ("Agreement"); and
WHEREAS, the Parties wish to amend the aforementioned Agreement by adding the terms and
conditions contained herein; and
WHEREAS, the Agreement and this Amendment will be filed concurrently with the Idaho Public
Utilities Commission ("Commission
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
Decommission as set forth in Attachment 1 and Exhibit A to this Amendment, attached hereto
and incorporated herein by this reference.
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.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, theParties may agree to implement the provisions of this Amendment upon execution. Toaccommodate this need TWTC must generate if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be completedby Qwest. TWTC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met unless other time frames have
been mutually agreed to by the Parties. Additionally, Qwest shall implement any necessary
billing changes within two (2) billing cycles after the latest execution date of this Amendment
June 29, 2004/lhdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: Collocation Decommission 5-27-
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 TWTC's bills 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 beamended, 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 breachof 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.
Entire A reement.
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.
Time Warner Telecom of Idaho LLC
By: Time Warner Telecom Holdings Inc.
its sole member
Qwest Corporation
Signature Signature
Name PrintedfTyped
LT. Christensen
Name PrintedfTyped
Date J1.ILlL11DOL
Director - Interconnection Aareements
Title
fYfYDate
Title Tina Davis
Vic~ r:::::::-"i; and
Depu;y Lel1bral Counsel
June 29, 2004/lhdffime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: Collocation Decommission 5-27-
ATTACHMENT
ATTACHMENT
Collocation Decommission
If terms and conditions for Collocation Decommissioning are included in CLEC's Interconnection
Agreement, and those terms differ from those set forth in this document, then the terms of the
Interconnection Agreement will prevail.
Description
Decommissioning refers to the deactivation of a Collocation site occupied by CLEC and
removal of CLEC equipment there from.
Decommissioning is offered for Caged Physical, Cageless Physical, Virtual, and ICDF
Collocation.
All other types of Collocation to be decommissioned will be handled on an Individual
Case Basis (ICB) by contacting the appropriate Qwest Wholesale Project Manager (WPM).
1.4 A request for Decommissioning is irrevocable once Qwest accepts the Application
unless otherwise agreed to by the Parties.
Terms and Conditions
A Collocation site will be considered eligible for decommissioning after the site is built-
out and accepted by CLEC. See completion and account billing process in the Qwest Product
Catalog (PCA T).
If the site to be decommissioned is physical (caged or cageless) Collocation, Qwest
requests CLEC to remove equipment prior to submitting a Decommissioning Application , as
such term is defined in section 4.hereof. If the site to be decommissioned is Virtual
Collocation , Qwest requests CLEC to groom existing facility(ies) onto another suitable facility or
disconnect the existing facility prior to equipment removal.
If CLEC does not remove equipment within thirty (30) calendar days from Qwest's
written e-mail acceptance of the Decommissioning Application Qwest will send a written
notification via e-mail stating the equipment is considered abandoned.
Upon receiving such notification of abandonment from Qwest , CLEC will have fifteen
(15) calendar days to notify Qwest that the equipment is not abandoned and to remove the
equipment. Upon written request, Qwest agrees to approve additional time for removal in
the event circumstances warrant an extension, which approval shall not be unreasonably
withheld , conditioned, or denied.
If CLEC does not remove the equipment in question within said fifteen (15) calendar
days , or as agreed upon in writing, extension of time , pursuant to Section 2.Qwest will
send a final written notification via e-mail and bill for the labor charges associated with
Qwest's removal of the abandoned equipment.
June 29, 2004/lhdlTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: Collocation Decommission 5-27-
ATTACHMENT
In the case of Virtual Collocation, Qwest will automatically remove all equipment
within forty-five (45) calendar days.
Qwest will negotiate with CLEC for the pick up of the equipment in a
reasonable period of time.
For Virtual Collocation, there will be no cost for the removal of CLEC
equipment.
2.4 Prior to submitting a Decommissioning Application, financial obligations with respect to
the specific Collocation site to be decommissioned must be current, with the exception of
formally disputed charges.
2.4.CLEC financial obligations include payment of 100% of all non-recurring quoted
charges and all applicable monthly recurring charges that are more than thirty (30) dayspast due. Such financial obligations are additional to the charges , if any, set forth in this
amendment.
CLEC must disconnect all services from the Collocation site to be decommissioned prior
to submitting the Decommissioning Application. Services to be disconnected by CLEC include
but are not limited to: Unbundled Network Elements , administrative lines, finished services, and
line sharing services. Services will need to be disconnected via ASR/LSR. If CLEC does not
disconnect services , all charges with respect to such site will continue to accrue and the
Decommissioning Application will be rejected.
Prior to disconnecting the circuits associated with the Collocation site , CLEC must notify,
in writing, all current end users and service customers of the discontinuation of service.
CLEC must submit an e-mail notification attached to the Collocation Decommissioning
Application Form representing to Qwest that all end users and service customers have been
properly notified. Failure to include such representation will result in the rejection of the
Collocation Decommissioning Application Form.
Intentionally left blank.
When submitting a Decommissioning Application for a Collocation site that also has a
Direct CLEC-to-CLEC arrangement:
Qwest requires that the Direct CLEC-to-CLEC Connection be disconnected at
the same time that Qwest performs the decommissioning.
CLEC submitting the Decommissioning Application must:
Submit a Letter of Authorization signed by both the vacating CLEC and
partnering CLEC that authorizes Qwest to disconnect the installed Direct CLEC-
to-CLEC cabling.
If a copy of the required Letter of Authorization is not attached to the
Decommissioning Application, the Application will be rejected as incomplete after
written notice (rejection) of the failure has been provided to CLEC with a
reasonable opportunity to cure, (re-submission of the Application).
June 29, 2004/lhdffime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: Collocation Decommission 5-27-
ATTACHMENT 1
10 CLEC will be eligible for reimbursement on the re-usable elements (including, but not
limited to, cable terminations including DSO, DS 1 , DS3, fiber terminations, and splitter cabling)
for up to one (1) calendar year from the Decommission Application submit date. An inventory
will be completed by Qwest and furnished via e-mail within ninety (90) calendar days or sooner
of the Decommission Application acceptance identifying the re-useable elements and the
potential credit.
11 CLEC is required to return the space to turnover condition. Turnover condition is defined
as the same condition in which CLEC originally assumed the Collocation site less normal wear
and tear. This provision does not apply to Virtual Collocation.
Rate Elements
Under the standard terms of the Facility Decommissioning Agreement, Qwest will not
charge for the decommissioning service provided herein, unless equipment has been
abandoned or the Collocation space has not been returned to turnover condition.
Rates:
Miscellaneous labor hourly charges as defined in the attached Exhibit A will
apply,
Additional dispatch charges, will apply for unmanned offices, as defined in the
attached Exhibit A.
Ordering
The decommission process requires the submission of a "Collocation Decommissioning
Application Form
The Collocation Decommissioning Application Form is located on the Qwest web
at: http://www.Qwest.com/wholesale/pcat/collocation.html
The Decommissioning Application should be submitted to: colo~Qwest.com and
rfsmet~Qwest. com
Qwest will notify CLEC within one (1) business day if the prerequisites have been
met. Qwest will validate the order within two (2) business days from receipt of the
Collocation Decommissioning Application Form.
June 29, 2004/lhdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: Collocation Decommission 5-27-
Exhibit A
EXHIBIT A
IDAHO RATES
IDAHO
* Per 1/2 hour or fraction Recurring Non Recurring
thereof
* Additional Labor Other - Basic $27.
* Additional Labor Other - Overtime $36.
* Additional Labor Other - Premium $46.
Additional Dispatch $87.
Notes:
(B)Cost Docket QWE-01-, Order No. 29408 (January 5 2004)
rates effective January 5, 2004.
June 29, 2004/lhdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: Collocation Decommission 5-27-
Collocation Available Inventory Amendment
to the Interconnection Agreement between
Qwest Corporation
and
Time Warner Telecom of Idaho LLC
for the State of Idaho
This is an Amendment ("Amendment"
),
for Collocation Available Inventory, to the
Interconnection Agreement between Qwest Corporation ("Qwest") , a Colorado corporation, and
Time Warner Telecom of Idaho LLC, a Delaware limited liability company ("TWTC or CLEC"
TWTC and Qwest shall be known jointly as the ("Parties
RECIT ALS
WHEREAS, the Parties entered into a new Interconnection Agreement for service in the State of
Idaho ("Agreement"); and
WHEREAS , the Parties wish to amend the aforementioned Agreement by adding the terms and
conditions contained herein; and
WHEREAS , the Agreement and this Amendment will be filed concurrently with the Idaho Public
Utilities Commission ("Commission
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
Available Inventory, as set forth in Attachment 1 and Exhibit A, to this Amendment, attached
hereto and incorporated herein by this reference.
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.
Effective Date
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 TWTC must generate if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be completed
by Qwest. TWTC 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 TWTC's bills shall be deemed accurate
and adjusted without error.
June 29, 2004/lhdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: Collocation Available Inventory Amendment 5-27-2004
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.
Entire Aqreemen~
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.
Time Warner Telecom of Idaho LLC
By: Time Warner Telecom Holdings Inc.
its sole member
Qwest Corporation
1~~
Authorized Signature Authorized Signature
Name PrintedfTyped Tina Davis
Vice President and
Deputy General Counsel
L. T. Christensen
Name PrintedfTyped
JUL 0 7 200~
Director - Interconnection Aareements
Title
f1~ rDate
Title
Date
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Amendment to CDS-040622-0003
Template version: Collocation Available Inventory Amendment 5-27-2004
ATTACHMENT
ATTACHMENT
Collocation Available Inventory
Description
Collocation Available Inventory provides CLEC with information about the
availability of (a) returned Collocation sites and elements under Qwest's control ("QwestPostings) and (b) CLEC controlled sites that may be posted by such controlling CLEC
as available for a Transfer of Responsibility ("CLEC Postings ). Collocation Available
Inventory is posted on Qwest's Wholesale web site. Qwest and CLEC each have the
ability to post sites under their control to the website.
Available sites will be posted on the "Collocation Classified" web site at the
following address: http://www.qwest.com/whoiesale/pcat/colloclassifieds.htmi. CLECinterested in viewing Qwest Available Inventory on this web site should select theCollocation Classifieds -Qwest Postings menu. CLEC interested in viewing availableCLEC controlled sites eligible for a Transfer of Responsibility should select CLEC
Postings menu.
The offering of a Collocation site from the Qwest Available Inventory list shall be
limited to the offering of a specified site in Qwest's control to CLEC that either: (a) has a
commission-approved Interconnection Agreement covering the specific type
Collocation to be obtained or (b) is negotiating with Qwest to have an interim Collocation
Interconnection Agreement signed. If the ICA has been filed and is pending PUC
approval , CLEC will be required to execute an early ordering letter to order a Collocation
site from the Qwest Available Inventory. CLEC may obtain sites from the QwestAvailable Inventory list after amending its existing contract to include terms and
conditions for purchasing Available Inventory as provided herein. If terms and conditionsfor obtaining sites from available Qwest inventory are included in the CLEC
Interconnection Agreement, and those terms differ from those set forth in this document
the terms of the Interconnection Agreement may prevail.
Terms and Conditions
CLEC obtaining a Collocation site from the Qwest Available Inventory must not
have any overdue financial obligations owed to Qwest pertaining to Collocation.
Formally disputed charges shall not be treated as overdue financial obligations.
The assuming CLEC for all Qwest posted sites will be required to pay a minimumof six (6) months of Space Construction and Floor Space Lease recurring charges
should the CLEC terminate its lease prior to six months of occupancy.
Qwest Postings
Standard Sites
1 Collocation Standard Sites available in the Qwest Postings may be
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Template version: Collocation Available Inventory Amendment 5-27-2004
ATTACHMENT
partially or fully completed before being returned to Qwest inventory. Both caged
and cageless sites will be offered in the Qwest Postings section. Sites will beoffered under the terms and conditions set forth in the Interconnection
Agreement of CLEC acquiring such sites. In its Collocation application for such a
site CLEC may request to add to or complete the Collocation site to CLEC
specifications. In its Collocation application for a site , CLEC may also request to
reduce cable terminations. CLEC will be charged for the removal of such cableterminations. The removed cable terminations shall not be considered
Reimbursable elements to the vacating CLEC. These Standard Sites will
posted in the Qwest Available Inventory posting under "Unverified Sites
All services that were previously connected to the Collocation
(e., Unbundled Network Elements , CLEC to CLEC connections, administrative
lines, Finished Services , Line Splitting and Line Sharing,) will be disconnected
before the site is listed on the "Qwest Postings" section of the Collocation
Classifieds. Standard Sites do not include power. Grounding for caged sites and
Entrance Facilities are also disconnected prior to a site being posted. Qwestshall inventory all Reusable and Reimbursable Elements and list them in the
Qwest Postings. Shared infrastructure including HVAC and racking will not be
listed in the Qwest Postings. Qwest reserves the right to remove Qwest Postings
from the Available Inventory web site to satisfy CLEC applications for
Collocation, for Qwest space requirements, or for CLEC Collocation augments to
existing sites. Qwest shall not use the Qwest Postings as a basis to claim
exhaust in any Qwest Premises.
Special Sites
Qwest may elect to offer Collocation sites returned through
Chapter 7 bankruptcy or abandonment consistent with Applicable Law, including
but not limited to Title 11 of the United States Code. These "Special Sites" willnot be decommissioned and may be offered with Electronic equipment, rackscagesDC power, grounding and terminations. These Special Sites will posted in the Qwest Available Inventory posting under "Unverified sites with
equipment"
For Special Sites it is expressly understood and agreed that
Qwest is selling equipment that is classified as "used" or "surplus" equipment on
an "as is, where is" basis. CLEC understands and agrees that all equipment is
conveyed (a) in an "as is, where is" condition with all faults, latent and patent and
(b) all equipment is conveyed without any Qwest warranties or representations of
any kind , express or implied , including but not limited to the warranties of
merchantability or fitness for a particular purpose or non-infringement or implies
by a particular course of dealing.
All software and software license agreements for any equipment
conveyed as part of a Special Site shall be the sole responsibility of the
assuming CLEC.
2.4 CLEC hereby warrants and certifies that its handling, scrap,
June 29, 2004/1hdfTime Warner - ID.doc
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ATTACHMENT
destruction or other disposition of any equipment conveyed as part of a Special
Site shall conform and comply with:
(a) All applicable federal , state , county and municipal laws, statutes
regulations, and codes regulating hazardous wastes, materials or
substances, including, but not limited to the Toxic Substances Control
Act (TSCA) (15 U.C. 2601 et seq.); the Resource Conservation and
Recovery Act (RCRA) (42 U.C. 6901 et seq.); Hazardous Materials
Transportation Act (HMTA) (49 U.C. 1801 et seq.
);
Occupational
Safety and Health Act (OSHA) (29 U.C. 651 et seq.); Comprehensive
Environmental Response, Compensation and Liability Act
(CERCLA)(42 U.C. 9601 et seq.); and any successor acts thereto orthe regulations promulgated thereunder and any applicable
International laws and regulations;
(b) Environmental rules and regulations governing environmental
impacts associated with the production and or recovery of precious
metals, scrap metals and material processing and or residual material
disposition whether hazardous or non-hazardous as defined by
governing laws and or applicable laws and are the sole responsibility of
the CLEC; and
c) All hazardous waste , hazardous material , hazardous substances
or solid waste manifests relating to the shipping, receiving, disposal or
final disposition of the equipment shall not reference , list or otherwise
indicate on the manifest that Qwest is the generator, arranger
transporter, owner or otherwise the party that owns, controls, manages
handles, stores, generates or otherwise uses the equipment. On any
required hazardous waste, hazardous material , hazardous substances
or solid waste manifest relating to the shipping, receiving, disposal or
final disposition of the equipment, the CLEC shall be listed as the
generator, arranger and owner of the materials.
d) The CLEC shall comply with the applicable Qwest Technical
Publications as defined in the CLEC Interconnection Agreement when
removing any equipment from a Special Site.
CLEC Postings
2.4.Available sites listed in the "CLEC Postings section of the Collocation
Classifieds are eligible for transfer to an assuming CLEC with or without working circuitsas described in the Transfer of Responsibility section of this web site. CLEC
Interconnection Agreement must contain provisions for Transfer of Responsibility. CLEC
must enter information regarding working sites itself into the Collocation Classifieds.
When requesting a site from CLEC Postings , the assuming CLEC should submit a
Transfer of Responsibility application to Qwest after it has concluded its negotiation with
the vacating CLEC.
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ATTACHMENT
CLEC Postings for Transfer of Responsibility
1 CLEC Posting: Sites listed in the "CLEC Postings" section are eligible for
Transfer Of Responsibility to an assuming CLEC. Sites may be offered with or without
working circuits. The terms and conditions for the Transfer of Responsibility shall be in
accordance with the Transfer of Responsibility Product offering.
Rate Elements
Pricing for sites listed within the Qwest Available Inventory list will be provided on
a site-specific basis.
Charges for sites listed within the Qwest Postings will be provided on a site-
specific basis , however, pricing under the Interconnection Agreement of the assuming
CLEC shall be applied to the Available Inventory quote for the assuming CLEC.
Assuming CLEC will receive a fifty percent (50%) discount on amounts for Reusable
Elements , if any. Vacating CLEC may receive a refund from the assumption of its
available sites, based on amounts for Reimbursable Elements and the Qwest
inventoried Reusable Elements.
The following items are charged to a CLEC acquiring a site from the Qwest
Postings. Charges will be provided to a CLEC via a quote that requires CLEC
acceptance before Qwest begins work.
Standard Site Rate Elements
Quote Preparation Fee (QPF): The QPF is identified in Exhibit A. The QPF is
defined as a non-refundable charge for the work required to verify space and develop a
price quote forthe total costs to CLEC for its Collocation request.
Reusable Elements: Qwest inventoried components used to provision a
Collocation site. In general , these refer to the Qwest infrastructure needed to provision a
Collocation site (e., cage, bays, HVAC , cable racking).
Nonrecurring Collocation rate elements for Collocation elements that are reused
will be available at a 500/0 discount to an assuming CLEC based on the rates in its
current Interconnection Agreement. This payment will be passed through to the vacating
CLEC less Carrying Charges retained by Qwest.
2.4 Reimbursable elements: CLEC termination cabling from the vacated Collocationsite to the original demarcation of an associated ICDF (DSO DS 1 , DS3, and Fiber
terminations).
Recurring charges for all products and services will be charged at rates listed in
the assuming CLEC Interconnection Agreement without a discount.
Special Site Rate Elements
Special Site Rates: The following items are charged to an assuming CLEC for a
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ATTACHMENT
Special Site from the Qwest Postings. Charges will be provided to CLEC via a quote
that requires CLEC acceptance before Qwest begins work.
Special Site Assessment Fee
3.4.The Special Site Assessment Fee is a non-refundable, nonrecurring fee per
Exhibit A. In most cases, this rate element is different than the Standard Site QPF
because Qwest has already installed some of the reusable equipment and/or reusable
infrastructure. Qwest has not spent additional time and resources to decommission this
Special Site.
3.4.If the assuming CLEC requires an augment to the existing site simultaneous with
this application, the Special Site Assessment Fee will not be charged and instead the
Commission approved QPF rate defined in CLEC Interconnection Agreement or state
SGA T Exhibit A will be used. The purpose of reverting to the standard QPF is due to the
additional engineering and installation work required to augment an existing Available
Inventory Special Site.
Network Systems Administration Fee
The Network Systems Administration nonrecurring fee is for the system and
record updates required for transferring a site to the assuming CLEC. The rate is
identified in Exhibit A.
Site Survey Fee
The Site Survey Fee is a non-refundable , nonrecurring charge for a site visit
conducted prior to the acceptance of an application quote when requested by CLEC.
This rate element is identified Exhibit A. This charge will be included in the quote whenan application is submitted or it will be charged separately if CLEC does not
subsequently submit an application.
Additional Nonrecurring Collocation Rate Elements
The additional nonrecurring Collocation rate elements: include such elements as:
DC Power, space construction, grounding and terminations. Special Sites will be offeredat a flat 50010 discount to an assuming CLEC based on the rates in its current
Interconnection Agreement. Augments or changes to the sites will not be discounted
and will be charged at the rates as defined in Exhibit A.
Any CLEC equipment left in the site will be transferred to CLEC at a $0.
charge.
Monthly Recurring Charges
Recurring charges for all products and services will be billed at rates listed in the
assuming CLEC Exhibit A without a discount.
June 29, 2004/1hdfTime Warner - ID.doc
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ATTACHMENT
Definitions
Carrying Charge: A charge applicable to the vacating CLEC only when Qwest
owes funds to such CLEC for Reusable Elements. The amount of the Carrying Charge
for a Collocation site shall never be more than the amount owed by Qwest to the
vacating CLEC for Reusable Elements for the site. The Carrying Charge is calculated at
1/36th of the nonrecurring rate for each Reusable element purchased by an assuming
CLEC from the time the vacating CLEC completes the decommissioning of the site to
the time the assuming CLEC accepts the quotation provided by Qwest for the site.
Ordering
Qwest Available Inventory Postings
1 CLEC must submit a !lOwest Collocation Application (New/Change/Augment)available on the Qwest web site at:
http://www.qwest.com/whoiesale/pcat/collocation.htmi. Qwest will provide CLEC with a
feasibility study within ten (10) calendar Days after receipt of the application. This
feasibility study addresses space and power only. During a Qwest walkthrough
subsequent to the feasibility study but prior to providing the quote, Qwest will validate all
Reusable Elements. This Collocation Project Management Center (CPMC) will send an
inventory verification letter after the walkthrough to validate the actual facilities versus
the Qwest Posting. CLEC then has the option of canceling the application or submitting
a change to the pending Available Inventory application that reflects the actual elements
as determined by Qwest.
Any cancellation of an Available Inventory application due to differences between
the Qwest Posting and the actual inventory found during the walkthrough will not result
in the QPF being charged.
Qwest will provide CLEC with a quote within twenty-five (25) calendar Days after
providing the feasibility study. Price quotes will be honored for thirty (30) Days from thedate the quote is provided and the associated space is reserved during such period
pending CLEC acceptance of the quoted charges
1.4 The submit date, for the Collocation Available Inventory request, will commence
on the date that the Qwest Wholesale Collocation Service Manager (WCSM) notifies the
Qwest Collocation Project Management Center (CPMC) that all prerequisites for this
request have been met.
The Qwest Available Inventory request shall be submitted via theNew/Change/Augment Application Form and submitted to both the CPMC at
rfsmet~qwest.com and your WCSM at colo~qwest.com Qwest will notify you
whether or not all prerequisites have been met and will validate the application within the
standard Collocation interval.
For purposes of first-come, first-served determination of availability, priority willbe defined by the date and time the complete application is received by
rfsmet~Qwest. com.
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ATTACHMENT
CLEC should submit an alternative option when requesting an available site by
populating the "Second Choice" and/or "Third Choice" tabs included on the Collocation
Application. This will prevent the possible cancellation of the submitted application in the
event that the first choice is no longer available.
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Template version: Collocation Available Inventory Amendment 5-27-2004
ATTACHMENT
Exhibit A
IDAHO RATES
STAN DARD SITES
Charge for removal of
Terminations
DSO (per 100)
DS1 (per termination)
DS3 (per termination)
OCN (per 12 fibers)
Quote Preparation Fee
Cageless
Caged
ICB
ICB
ICB
ICB
146.41
185.
SPECIAL SITES
Special Site Assessment Fee
Network S stems Assessment Fee
Site Survey
$1058.
$1663.
$150.
Reusable Elements ICB
Notes:
(B) Cost Docket QWE-01-, Order No. 29408 (January 5, 2004) rates effective January 5, 2004.
(7) The preliminary Quote Preparation Fees (QPF) are included in the space construction charges. Upon
completion of the collocation construction , the QPF will be credited to the final space construction charge
for the virtual, caged or cage less collocation job. These engineering and planning charges are also
included in the Virtual , Caged and Cageless Quote Preparation Fees.
June 29, 2004/1hdfTime Warner - ID.doc
Amendment to CDS-040622-0003
Template version: Collocation Available Inventory Amendment 5-27-2004