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Home My WebLink About20070712Amendment.pdf70rn i ~Uv. ' . , c.' Iii I: Qwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 FtEC E 1\/ Maura E. Peterson Paralegal Regulatory Law It/PI, UT1UYicS 1(; iSSIC,Qwest~ Spirit of Service Via Overnight delivery July 10, 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 Qwest Communications Corporation 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 matter. ;C--1.-- mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, W A 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com F. ..: C E . ,, JULII ii, 1:29 : ' , i BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROV AL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.c. ~252(e) CASE NO.: QWE- T -04- APPLICATION FOR APPROV AL 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 October 6, 2004 (the "Agreement"). The Amendment with Qwest Communications Corporation ("QCC") 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. Qwest respectfully submits this Amendment provides no basis for either ofthese 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 Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval ofthis Amendment will enable QCC to APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Qwest Communications Corporation Amendment for Collocation Available Inventory 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/!--Paay of July, 2007. Adam err Attorney for Qwest APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Qwest Communications Corporation Amendment for Collocation Available Inventory CERTIFICATE OF SERVICE I hereby certify that on this day of July 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(illpuc.state.id. Hand Delivery U. S. Mail ---.1L. Overnight Delivery Facsimile Email Rebecca Myers Qwest Services Corporation 1801 California Street, 4th Floor Denver, CO 80202 Hand Delivery U. S. Mail Overnight Delivery Facsimile ~1\kv APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Qwest Communications Corporation Amendment for Collocation Available Inventory Collocation Available Inventory Amendment to the Interconnection Agreement between Qwest Corporation and Qwest Communications Corporation for the State of Idaho This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Qwest") , a Colorado corporation , and Qwest Communications Corporation ("CLEC" ), CLEC and Qwest shall be known jointly as the ("Parties RECITALS WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") that was approved by the Idaho Public Utilities Commission ("Commission ) on October 6 2004 , as referenced in Case No. QWE-04-23; 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 Collocation Available Inventory, as set forth in Attachment 1 and Exhibit A to this Amendment , attached hereto and incorporated herein. Rates in Exhibit A shall be updated to 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 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. July 31 , 2006/lhd/QCC/Amend-Collo Availlnventory/ID Amendment to CDS-040614-0002 Language from Negotiations Template dated 4-17- Amendments: Waivers 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 Aareement The Agreement as amended (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of the Agreement as amended and supersedes any prior understandings agreements, or representations by or between the Parties , written or oral , to the extent they relate in any way to the subjects of the Agreement as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original , but all of which shall constitute one and the same instrument. Qwest Communications Corporationdf/ Signature Qwest Corporation - ~U~t=Signature~ t('Llh3 ame PnntedlTyped fel recb, ~ I AtlJ"1t...'€. Ti Ie IOf Date L.T. Christensen Name PrintedlTyped Date Signature Carla Stewart Name PrintedlTyped Vice President - Finance Title &/ ytC/;z-Date July 31 , 2006/lhd/QCC/Amend-Collo AvaillnventoryliD Amendment to CDS-040614-0002 Language from Negotiations Template dated 4-17- COLLOCATION AVAILABLE INVENTORY33 Collocation Available Inventory. Collocation Available Inventory provides CLEC with information about the availability of (a) returned Collocation sites and elements under Qwest's control ("Qwest Postings ) and (b) CLEC controlled sites that may be posted are available for a Transfer of Responsibility ("CLEC Postings ). Qwest and CLECs may post available Collocation sites on Qwest'wholesale web site at: http://www.qwestcom/whoiesale/pcat/colloclassifieds.htmi. CLEC must either have an approved Interconnection Agreement or is currently negotiating with Qwest to have an interim Interconnection Agreement with the specific type of Collocation to be obtained. If the Interconnection Agreement is pending approval , CLEC must execute an early ordering letter. Qwest reserves the right to remove Qwest Postings to satisfy CLEC Collocation Applications or Qwest space requirements. Qwest shall not use the Qwest Postings as a basis to claim exhaust in any Qwest Premises. 33.CLEC obtaining a Collocation site from Qwest Postings must not have any overdue financial obligations owed to Qwest for Collocation, with the exception of formally disputed charges. CLEC will be required to pay a minimum of six (6) months of space construction and floor space lease recurring charges if CLEC terminates its lease prior to six (6) months occupancy. 33.Qwest Postings. Collocation sites available in Qwest Postings may be partially or fully completed before being returned to Qwest inventory. Both Caged Physical Collocation and Cageless Physical Collocation sites will be offered in the Qwest Postings and will be available under the terms and conditions set forth in the Interconnection Agreement of the CLEC acquiring the Collocation space. CLEC may request to add to or complete the Collocation site to its specifications. CLEC may also request that Qwest reduce the cable terminations and CLEC will be charged for the removal of such cable terminations. 33.All services that were previously connected to the Collocation (e., UNEs, CLEC to CLEC , administrative lines, Finished Services , and Line Splitting) will be disconnected before the site is listed in the Qwest Postings. Power , grounding, and Entrance Facilities will also be disconnected before the site is listed. Qwest shall inventory all reusable and reimbursable elements and include them in the Collocation site information. 33.4 Qwest may also elect to offer Collocation sites returned through bankruptcy or abandonment consistent with Applicable Law (i. Special Sites ). These Collocation sites will not be decommissioned and will be posted as unverified sites with equipment which may include electronic equipment, racks , cages , DC power grounding and terminations. It is expressly understood and agreed that Qwest is selling equipment that is used or surplus equipment on an "as is , where is " basis July 31 , 2006/lhd/QCC/Amend-Collo Availlnventory/ID Amendment to CDS-040614-0002 Language from Negotiations Template dated 4-17- with all faults , latent and patent, and the equipment is conveyed without any Qwest warranties or representations of any kind , express or implied. CLEC is responsible for all software and software license agreements for any equipment conveyed as part of a Special Site. CLEC is responsible for handling, scrapping, destruction or other disposition of any equipment conveyed as part of a Special Site and 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 C. ~ 9601 et seq.); and any successor acts thereto or the regulations promulgated thereunder and any applicable International laws andregulations; (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 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 CLEC shall be listed as the generator arranger and owner of the materials. 33.CLEC will submit a Collocation Application indicating a specific Collocation site from the Collocation Available Inventory. Qwest will follow the standard Collocation provisioning intervals for the type of Collocation as included in CLEC's Interconnection Agreement. During preparation of the quote, Qwest will validate all reusable elements and send an inventory verification letter. After receipt of the validated inventory, CLEC may cancel the Collocation Application or submit a change to the pending Collocation Application. Any cancellation due to differences between the Qwest Posting and actual inventory will not result in a QPF or Engineering and Design Fee being charged. 33.Charges for Collocation sites listed in the Qwest Postings will be on a site specific basis, according to assuming CLEC' Interconnection Agreement and its requested work in the Collocation Application. Assuming CLEC will receive a fifty percent (50%) discount on nonrecurring reusable elements, if any, as defined in Section 8.22. July 31 , 2006/lhd/QCC/Amend-Collo Availlnventory/ID Amendment to CDS-040614-0002 Language from Negotiations Template dated 4-17- 20 Collocation Available Inventory Charges. For standard Qwest Postings of Collocation Available Inventory, CLEC will be charged the standard Collocation rates , including the applicable QPF or Engineering and Planning Fee. CLEC will also be charged for removal of terminations. For Special Sites assuming CLEC will be charged a Special Site Assessment Fee instead of the standard QPF , unless CLEC requests an augment to the existing site in its initial Collocation Application, then the standard approved QPF will be charged as defined in Exhibit A. CLEC ordering a Special Site, in addition to the standard Collocation rates will also be charged a nonrecurring Network Systems Administration Fee for the systems and record updates required to transfer the Collocation Site to assuming CLEC and, if a site survey is requested by CLEC , a Site Survey Fee. Any CLEC equipment left in the site will be transferred to assuming CLEC at no charge. Recurring charges for all products and services will be charged at rates listed in assuming CLEC Interconnection Agreement without a discount. July 31 , 2006/lhd/QCC/Amend-Collo Availlnventory/ID Amendment to CDS-040614-0002 Language from Negotiations Template dated 4-17- Oo t i o n s No t e s Qw e s t C o m m u n i c a t i o n s C o r p o r a t i o n Ex h i b i t A Id a h o CO M A - E f f e c t i v e 8 / 3 1 / 2 0 0 6 Pa g e 1 o f 1