20071105Amendment.pdf

awest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
1.: I~- i 'c '
Maura E. Peterson
Paralegal
Regulatory Law
IDAHO PUBLIC
UTiLITIES COMMISSIO1\Qwest~
Spirit of Service
ZO07 NOV -5 Proj 3: f 7
Via Overnight delivery
November 1 , 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.
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr~qwest.com
RECE.I\!
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UTiLITIES COMj\~10S1t.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~252(e)
CASE NO.: QWE- T -04-
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 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 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 ofthe State ofIdaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable QCC to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Qwest Communications Corporation
Voice over Internet Protocol (VOIP)
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 day of November, 2007.
dam L. Sherr
Attorney for Qwest
--;::.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Qwest Communications Corporation
Voice over Internet Protocol (VOIP)
CERTIFICATE OF SERVICE
I hereby certify that on this day of November 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
ii ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Rebecca Myers
Qwest
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
/ . L-----..
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Qwest Communications Corporation
Voice over Internet Protocol (VOIP)
Voice over Internet Protocol (VoIP) Amendment
to the Interconnection Agreement between
RECE!\/Qwest Corporation and
Qwest Communications Corporation
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CLEC and Owest shall be known jointly as the ("Parties
RECIT ALS
WHEREAS , CLEC and Owest entered into an Interconnection Agreement ("Agreement") for
service in the state of Idaho which was approved by the Idaho Public Utilities Commission
Commission ) on October 6 2004, as referenced in Case No. OWE-04-23; and
WHEREAS, the Parties wish to amend the Agreement further 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 terms, conditions and rates for the exchange of
Voice over Internet Protocal ("VoIP") traffic as defined and set forth in Attachment 1 , to thisAmendment, attached hereto and incorporated herein by thjs reference. The Sections identified
in Attachment 1 have been modified, replaced entirely or are new additions to the Agreement.
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 , CLEC must generate if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire , all system updates will need to be completedby Qwest. CLEC will be notified when all system changes have been made. Actual orderprocessing may begin once these requirements have been met. Additionally, Owest 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.
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
July 26, 2007/lhd/OCC/ID
Amendment to: CDS-040614-0002
VolP Template 7-10-
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 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, 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 Corporation
Signature Signature
Dan Willis
Name Printed/Typed
L. T. Christensen
Name PrintedfTyped
Director - Finance
Title
q IdLP In/
reements
Date Date
SI9
Carla Stewart
Name PrintedfTyped
Vice President - Finance
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July 26, 2007/lhd/OCC/ID
Amendment to: CDS-040614-0002
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ATTACHMENT 1
Qwest's Voice over Internet Protocol (VoIP)
Section 4.0 - Definitions
Interconnection " is as described in the Act and refers to the connection between networks
for the purpose of transmission and routing of telephone Exchange Service traffic, Exchange
Access , ISP-Bound traffic, voir traffic , and Jointly Provided Switched Access traffic.
VoIP" (Voice over Internet Protocol) traffic is traffic that originates in Internet Protocol at the
end user customer premises using IP-Telephone handsets, end-user customer premises
Internet Protocol (IP) adapters, erE-based Internet Protocol Telephone (IPT) Management
plug and play" hardware , I PT application management and monitoring hardware or such
similar equipment and is transmitted over a broadband connection to the voir provider.VolP is treated as an Information Service , and is subject to interconnection and
compensation rules and treatment accordingly under this Agreement based on the
supposition that the Vol P Provider Point of Presence ("POP") is an end user premise.
Section Interconnection
CLEC is permitted to utilize LIS trunks to terminate voir traffic under this
Agreement only pursuant to the same rules that apply to traffic from all other
end users , including the requirement that the voir Provider POP must be in
the same local calling area as the called party. CLEC may not use LIS
trunks solely to exchange voir traffic. CLEC agrees to allow Owest to
conduct operational verification audits of those network elements controlled
by CLEC and to work cooperatively with Owest to conduct an operatior.al
verification audit of any other provider that CLEC used to originate , route and
transport VolP traffic that is delivered to Owest, as well as to make availableany supporting documentation and records in order to ensure CLEC'
compliance with this definition. Owest shall have the right to redefine this
traffic as Switched Access in the event of an "operational verification audit
failure . An "operational verification audit failure" is defined as: (a) Owest's
inability to conduct a post-provisioning operational verification audit due to
insufficient cooperation by CLEC or CLEC'other providers , or (b) a
determination by Owest in a post-provisioning operational verification audit
that the CLEC or CLEC's end-user customers are not originating calls in a
manner consistent with this definition.
Prior to using Local Interconnection Service trunks to terminate Vol P traffic
CLEC certifies that the (a) types of equipment VolP end-users will use are
consistent with the origination of Vol P calls as defined in Section 4 of this
Agreement, and (b) types of configurations that voir end-users will use to
originate calls using IP technology are consistent with the configuration as
defined in Section 4 of this Agreement.
July 26, 2007/lhd/OCC/ID
Amendment to: CDS-040614-0002
VolP Template 7-10-
2.2.Exchange Service (EAS/Local), ISP-Bound
Traffic , VolP traffic, Exchange Access (IntraLATA Toll carried solely by
Local Exchange Carriers), and Jointly Provided Switched Access
(InterLATA and IntraLATA Toll involving a third party IXC) may be
combined in a single LIS trunk group or transmitted on separate LIS
trunk groups.
3.4 Exchange Service (EAS/Local), ISP-Bound and VolP Traffic
3.4.CLEC and Owest will exchange Exchange Service
(EAS/Local), ISP-Bound and VolP traffic on a Bill and Keep
basis.
3.4.Intentionally Left Blank.
3.4.Intentionally Left Blank.
3.4.4 Intentionally Left Blank.
3,,6. Intentionally Left Blank
Intentionally Left Blank
July 26, 2007/lhd/OCC/ID
Amendment to: CDS-040614-0002
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