20051005Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobsonC0stoel.com
zoos OCT - 5 pH
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(e)
CASE NO.Q wE::t --oS- -
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 filed with the Idaho Public
Utilities Commission on October 5 , 2005 (the "Agreement"). The Amendment with DIECA
Communications, Inc. dba Covad Communications Company ("Covad") 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 of the State of Idaho, the Commission, the United States Congress, and the Federal
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
DIECA Communications, Inc. dba Covad Communications Company
Line Splitting
Boise-152752.l 0029164-00012
Communications Commission. Expeditious approval of this Amendment will enable Covad to
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 5th day of October, 2005.
Qwest Corporation
Mary S. Hob
Stoel Rives LP, Attorneys for Qwest
APPLICATION FOR APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
DIECA Communications, Inc. dba Covad Communications Company
Line Splitting
Boise-152752.10029164-00012
CERTIFICATE OF SERVICE
I hereby certify that on this 5th day of October, 2005, 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
11 ewellC0puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Jim Kirkland
Covad Communications
110 Rio Robles
San Jose, CA 95134-1813
Telephone: [phone]
Facsimile: [phone]
kirklandC0covad.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~##~
Brandi L. McMahon, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
DIECA Communications, Inc. dba Covad Communications Company
Line Splitting
Boise-152752.l 0029164-00012
Line Splitting Amendment ,E.\\/ED
to the Interconnection Agreement; nbetween '" m
awest Corporation 'lOGS OCT - 5 Pi't 3: 4 \
and
DIECA Communications, Inc. d/b/a Covad Comm i~~OS~
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for the State of Idaho ~); \L\ IIL~) CUrlr'dJSIOr4
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2 6 2005
This Amendment ("Amendment"is to the Interconnection Agreement between Qwest
Corporation ("Qwest"), a Colorado corporation, and DIECA Communications , Inc. d/b/a Covad
Communications Company ("Covad" or "CLEC/DLEC"), a Virginia corporation.
RECIT ALS
WHEREAS, the Parties are currently entering into an 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 replacing the existing Section 9., UNE-P Line Splitting,
in its entirety, with the terms, conditions and rates for Line Splitting as set forth in Attachment
and Exhibit A, attached hereto and incorporated herein. The Line Splitting Service Intervals
contained in Exhibit C of the Agreement, shall apply to this Amendment.
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, Covad must generate, if necessary, an updated Customer Questionnaire. In addition
to the Questionnaire, all system updates will need to be completed by Qwest. Covad 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 Covad's bills shall be deemed accurate and adjusted without error.
August 23, 2005/msd/DIECA Communications dba Covad/Line Splitting/ID
Amendment to CDS-O50818-0009
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 AQreement
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.
DIECA Communications, Inc. d/b/a
Covad Communications Company
s~u
.;",
James A. Kirkland
Name PrintedfTyped
awest Corporationt:~
Signature
L. T. Christensen
Name PrintedfTyped
Senior VP and General Counsel
Title
:J-Y at)
Director - Interconnection Aqreements
Title
DateDate
August 23, 2005/msd/DIECA Communications dba Covad/Line Splitting/ID
Amendment to CDS-O50818-0009
ATTACHMENT
Line Splitting
21.1 Description
Line Splitting provides a Competitive Local Exchange Carrier ("CLEC") and a Data Local
Exchange Carrier ("DLEC") with the opportunity to offer advanced data service
simultaneously with voice service when CLEC obtains switching as a Network Element
pursuant to a separate written agreement. Line Splitting uses the frequency range
above the voice band on a single Loop for the advanced data service. The advanced
data service may be provided by the Customer of Record (the voice service provider) or
another data service provider chosen by the Customer of Record. A Splitter must be
inserted into the Loop in order to accommodate the establishment of the advanced data
service. The Splitter separates the voice and data traffic and allows the Loop to be used
for simultaneous DLEC data transmission and CLEC-provided voice service to the End
User Customer. IICLEC" will herein be referred to as the voice service provider while
DLEC" will be referred to as the advanced data service provider. CLEC and DLEC may
be the same or different entities.
21.2 Terms and Conditions
21.General
21.The Customer of Record (the voice service provider) will
order the insertion of a Splitter. Qwest is not responsible for providing the
Splitter, filter(s) and/or other equipment necessary for the End User
Customer to receive separate voice and data service across a single
copper Loop.
21.To order Line Splitting, CLEC/DLEC must have a Splitter
installed in the Qwest Wire Center that serves the End User Customer.
The Splitter must meet the requirements for Central Office equipment
Collocation set by the FCC or be compliant with ANSI T1 .413.
21.CLEC/DLEC may provide any xDSL services that are
compatible with CLEC's voice service in accordance with ANSI T1.413 or
IEEE 820 or other industry standards.
21.There may be only one DLEC at any given time that
provides advanced data service on any given Line Splitting arrangement.
21.The Customer of Record will be able to request
conditioning of the Loop portion of the Line Splitting arrangement. Qwest
will perform requested conditioning of shared Loops to remove load coils
and excess Bridged Taps. If CLEC requests conditioning and such
conditioning significantly degrades the voice services on the Loop to the
point that it is unacceptable to CLEC, CLEC shall pay the conditioning
rate set forth in Exhibit A to recondition the Loop.
August 23, 2005/msd/DIECA Communications dba Covad/Line Splitting/ID
Amendment to CDS-O50818-0009
21.Splitters may be installed in Qwest Wire Centers at the
discretion of CLEC/DLEC via the standard or Common Area Splitter
Collocation arrangements set forth in the Line Sharing Section (Section
9.4) of the Agreement. Under either option, Splitters will be approprrately
hard-wired or pre-wired so that Qwest is not required to inventory more
than two (2) points of termination. For Line Splitting, Qwest shall use the
same number of Cross Connections and the same number of tie pairs as
it uses for other split services provided under this Amendment.
21.Splitter Collocation requirements are covered in the Line
Sharing Section (Section 9.4) of the Agreement.
21.3 Rate Elements
The following Line Splitting rate elements are contained in Exhibit A of this Amendment
or in Exhibit A of the Agreement.
21.Recurring Rates for Line Splitting.
21.Interconnection Tie Pairs (ITP). A monthly recurring
charge to recover the costs associated with the use of two (2) ITPs, one
(1) for voice and one (1) for voice/data. Rate elements are contained in
Exhibit A of the Agreement.
21.OSS Charge - A monthly recurring charge to recover the
cost of the OSS modifications necessary to provide access to the high
frequency portion of the Loop. Rate elements are contained in Exhibit A
of this Amendment.
21.Nonrecurring Rates for Line Splitting
21.Basic Installation Charge for Line Splitting -
nonrecurring charge for each Line Splitting arrangement installed will
apply. Rate elements are contained in Exhibit A of this Amendment.
21.Charge for conditioning the Loop - A nonrecurring
charge for either conditioning the Loop by removing load coils and/or
excess Bridged Taps; or reconditioning the line if necessary to assure the
quality of the voice service. Rate elements are contained in Exhibit A of
the Agreement.
21.Nonrecurring Rates for Maintenance and Repair
21.
may apply.
Miscellaneous Charges , as defined in the Agreement
21.3.4 Rates for Splitter Collocation must be included in Exhibit A of
CLEC's Agreement.
21.4 Ordering Process
21.4.Line Splitting
August 23, 2005/msd/DIECA Communications dba Covad/Line Splitting/ID
Amendment to CDS-O50818-0009
21.4.As a part of the pre-order process CLEC/DLEC may
access loop characteristic information through the Loop Information Tool
described in the Access to OSS Section (Section 12) of the Agreement.
The Customer of Record will determine , in its sole discretion and at its
risk, whether to add data services to any specific Loop.
21.4.The Customer of Record will provide on the LSR, the
appropriate frame terminations that are dedicated to Splitters. Qwest will
administer all cross connects/jumpers on the COSMIC/MDF and ICDF.
21.4.Basic Installation Jllift and layJl procedure will be used for
all Line Splitting orders. Under this approach, a Qwest technician Jllifts
the Loop from its current termination in a Qwest Wire Center and Jllays" it
on a new termination connecting to CLEC's/DLEC's collocated equipment
in the same Wire Center. At CLEC's request Qwest will perform a
synchronization test, where available , using the protocol verified by
CLEC. Qwest will use an Acterna 350 Plus test set, or similar test set, to
perform the synchronization test. The synchronization test confirms
continuity from the MDF to the CLEC DSLAM. When installation of Line
Splitting is in conjunction with the migration of service from another
provider, every effort will be taken by Qwest to ensure that the End User
services , both voice and data, experience limited interruption.
21.4.1.4 The Customer of Record shall not place orders for Line
Splitting until all work necessary to provision Line Splitting in a given
Qwest Wire Center, including, but not limited to , Splitter installation and
tie cable reclassification or augmentation has been completed.
21.If the voice service is disconnected on a Line Splitting
arrangement, the Line Splitting arrangement shall terminate. CLEC may
arrange to provide DSL service to the End User Customer through
purchase of another product. If a Line Splitting LSR is placed to change
from Line Sharing to Line Splitting or to change the voice provider in a
Line Splitting arrangement and the data provider does not change or
move Splitter location , the data service will not be interrupted.
21.4.The Customer of Record (the voice service provider)
shall submit the appropriate LSRs associated with establishing Line
Splitting.
21.5 Billing
21.Qwest shall provide a bill to the Customer of Record (the voice
service provider), on a monthly basis, within seven to ten (7-10) calendar Days of
the last day of the most recent Billing period , in an agreed upon standard
electronic Billing format, Billing information including (1) a summary bill, and (2)
individual End User Customer sub-account information consistent with the
samples available for CLEC/DLEC review.
21.Qwest shall bill the Customer of Record for all recurring and
nonrecurring Line Splitting rate elements.
August 23, 2005/msd/DIECA Communications dba Covad/Line Splitting/ID
Amendment to CDS-O50818-0009
21.6 Repair and Maintenance
21.Qwest will allow CLEC/DLEC to access Line Splitting at the point
where the combined voice and data Loop is cross connected to the Splitter.
21.The Customer of Record will be responsible for reporting to Qwest
voice service troubles provided over Line Splitting. Qwest will be responsible to
repair troubles on the physical line between Network Interface Devices at the
Customer premises and the point of demarcation in Qwest Wire Centers.
CLEC/DLEC will be responsible for repairing data services provided on Line
Splitting. Qwest, CLEC and DLEC each will be responsible for maintaining its
equipment. The entity that controls the Splitters will be responsible for their
maintenance.
21.When Splitters are installed in Qwest Wire Centers via Common
Area Splitter Collocation CLEC/DLEC will order and install additional Splitter
cards as necessary to increase the capacity of the Splitters. CLEC/DLEC will
leave one (1) unused, spare Splitter card in every shelf to be used for repair and
maintenance until such time as the card must be used to fill the shelf to capacity.
21.6.4 When Splitters are installed in Qwest Wire Centers via standard
Collocation arrangements, CLEC/DLEC may install test access equipment in its
Collocation areas in those Wire Centers for the purpose of testing Line Splitting.
This equipment must meet the requirements for Central Office equipment set by
the FCC.
21.5 Qwest, CLEC and DLEC will work together to address End User
Customer initiated repair requests and to prevent adverse impacts to the End
User Customer.
21.Qwest will comply with Maintenance and Repair procedures of its
Line Splitting PCA T, available on Qwest's Wholesale web site.
21.If an end user complains of a voice service problem that may be
related to the use of an UNE-P for data services , Qwest and CLEC/DLEC will
work together with the end user to solve the problem to the satisfaction of the
end user. Disconnection of the data service will only be done after Qwest has
clearly determined that no trouble exists in the Qwest network or parts of the
network maintained by Qwest (Le.; Common Area Splitter Collocation where the
problem is in the splitter). Should Qwest temporarily disconnect the data service
in order to restore voice service caused by a problem in the data providers
network, Qwest shall promptly restore the data service and complete the normal
test process, including synchronization testing where available, to ensure both
data and voice are working properly. This will be done within twenty-four (24)
hours of notification by the customer of record that the problem in the data
providers network has been corrected.
August 23, 2005/msd/DIECA Communications dba Covad/Line Splitting/ID
Amendment to CDS-O50818-0009
21.7 Customer of Record and Authorized Agents
21.1 "Customer of Record" is defined for purposes of this section as the
CLEC providing the voice service. Qwest will bill the Customer of Record for
Line Splitting. The Customer of Record may designate an authorized agent
pursuant to the terms of sections 9.21.2 and 9.21.3 to perform ordering
and/or Maintenance and Repair functions.
21.In order for the authorized agent of the Customer of Record to
perform ordering and/or Maintenance and Repair functions, the Customer of
Record must provide its authorized agent the necessary access and security
devices , including but not limited to user identifications , digital certificates and
SecurlD cards , that will allow the authorized agent to access the records of the
Customer of Record. Such access will be managed by the Customer of Record.
21.The Customer of Record shall hold Qwest harmless with regard to
any harm to Customer of Record as a direct and proximate result of the acts or
omissions of the authorized agent of the Customer of Record or any other
Person who has obtained from the Customer of Record the necessary access
and security devices through the Customer of Record , including but not limited to
user identifications, digital certificates and SecurlD cards, that allow such Person
to access the records of the Customer of Record unless such access and
security devices were wrongfully obtained by such Person through the willful or
negligent behavior of Qwest.
August 23, 2005/msd/DIECA Communications dba Covad/Line Splitting/ID
Amendment to CDS-O50818-0009
Exhibit A
Idaho
9.4.4 $3.
NOTES:
(1) TELRIC rates proposed in Cost Docket QWE-01-11 testimony filed on November 12, 2003. The case was bifurcated and the rates using this
footnote are proposed in Phase 2 of the cost docket.
Qwest Idaho TRRO Template Exhibit A Second Revision
August 9, 2005 Page 1 of 1