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Home My WebLink About20061109Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 r:. 'In:: "\1- - J:~ Maura E. Peterson Paralegal Regulatory Law IDAHO hAAJC UTILItiES COMMISSION Qwest~ Spirit of Service 100& NOV -9 AM 9: 25 Via Overnight delivery November 8, 2006 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. QWE- T -05- Application for Approval of Amendment to the Interconnection Agreement Dieca Communications, Inc. dba Covad Communications Company 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. Sincerely, J /-, (\ ll'i'll \ /" A ~ ~~~ mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com '- (' t= VED,I-.J- 2nOb tmV -9 ~H 9: 25 IDI:;HO PUbLIC UTILn'H:S COMMISSION BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.c. ~2S2(e) CASE NO.: QWE-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 approved by the Idaho Public Utilities Commission on October 12 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 ofthe State ofIdaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Amendment will enable Covad to APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1 Dieca Communications Inc. dba Covad Communications Company Special Promotion for Available Inventory Collocation Sites 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 -i!tday of November, 2006. Qwest Corporation Attorney for Qwest "'" APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Dieca Communications Inc. dba Covad Communications Company Special Promotion for Available Inventory Collocation Sites CERTIFICATE OF SERVICE I hereby certify that on this day of November, 2006, 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 ewe1l~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Gregory Diamond Senior Counsel 7901 Lowry Blvd. Denver, CO 80320 Hand Delivery U. S. Mail Overnight Delivery Facsimile ~mai~ / / j / ~f/ 1/ ~~ura ~ ~ \. l Paralegal, QweSt-Corporation APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Dieca Communications Inc. dba Covad Communications Company Special Promotion for Available Inventory Collocation Sites Special Promotion for Available Inventory Collocation Sites Amendment to the Interconnection Agreement between Owest Corporation and DlECA Communications, Inc. dba Covad Communications Company for the State of Idaho This Amendment ("Amendment") to the Interconnection Agreement between Owest Corporation Owest" ) , a Colorado corporation , and DIECA Communications, Inc. dba Covad Communications Company ("CLEC"), a Virginia corporation, provides limited time promotional rates for Available InventoryCollocations on Available Inventory Sites identified http://www.qwest.com/whoiesale/collocation space.html under the "Collo Classifieds - Owest postings listing. The Promotional Rates below do not apply to any collocation facilities listed under the "Collo Classifieds - CLEC Postings" listing on the aforementioned internet site. The Parties acknowledge that they have previously entered into an Interconnection Agreement in the applicable state. Limited Time Offer. The promotional rates provided for herein apply only to valid (complete) Available Inventory applications received between October 1 , 2006 and December 31 , 2006. The collocation applications must be submitted through the normal channel via rfsmet(giqwest.com Requirement for Collocation Available Inventory Amendment. To receive the promotional rates, CLEC must execute and submit this Amendment to Owest, and CLEC must either: (1) currently have Collocation Available Inventory language and rates incorporated into the Interconnection Agreement with Owest; or (2) execute and submit the. Collocation Available Inventory Amendment concurrent with the submission of this executed Amendment. Non-Conformance Audit. Upon receipt of a complete Collocation Application for a specific Available Inventory Special Site Owest will perform an audit to identify any items not in compliance with Owest Collocation Installation guidelines referenced in Owest Technical Publication 77350. In the verification letter that the CLEC receives , Owest will include a list of any defects that are the CLEC's responsibility to correct. Upon receipt of the verification letter, CLEC may choose to cancel the request or proceed with the knowledge that CLEC must bring these identified items into compliance within sixty (60) Days following the ready for service date (RFS). The non-conformance audit only applies to Special Sites. This Non-Conformance Audit process applies only to orders for Available Inventory Sites received during the promotional period set forth above. Promotional Rates. The promotional rates under this Amendment are as follows: Standard Promotional Discount.Under the Collocation Available Inventory Amendment, Customer receives a discount of fifty percent (50%) off of the nonrecurring charge ("NRC") for reusable elements (e.g. space and terminations) on Available Inventory "Standard Sites" and "Special Sites" under the "Collo Classifieds - Owest postings" listing (the "Existing AI Discount"). The Existing AI Discount will be increased from fifty percent (50%) to seventy-five percent (75%) for applications received between October 1 , 2006 and December 31 , 2006. The OPF is not a discounted item for Available Inventory Sites. Finished Service Discount.In addition to the Standard Promotional Discount above, CLEC is eligible to receive an additional twenty-five percent (25%) discount to the reusable element NRC (for a total discount of 100% of the NRC for reusable elements) if all the following conditions are met: 1. CLEC must provision at least one (1) DS-1 or higher bandwidth Finished Service (Interconnection Tie Pair (ITP) with the DEMARC outside the collocation) into the Available Inventory Site within thirty (30) Days of receipt of the Collocation site; and 2. CLEC must provide Wholesale Collocation Service Manager with the Customer Carrier Name Abbreviation/Access Customer Name Abbreviation (CCNAIACNA), purchase order number (PON) and the confirmed Finished Service Owest circuit identification number within thirty (30) Days of the completion of the Finished Service order; and September 21 , 2006/msd/DIECA dba Covad/ID/CDS-O50818-0009 Special Promo Available Inventory Collo Sites Amendment Page 1 of 2 3. CLEC must (i) commit to a minimum term agreement on the Finished Service of at least one year and (ii) agree that early termination (TLA) charges will apply if the Finished Service is disconnected prior to the end of the contracted term. Upon Owest verification that the above requirements have been fulfilled, Owest will apply the additional 25% finished Service credit to the CLEC's Collocation invoice within sixty (60) Days of Owest completing the processing of the Finished Service order. This will bring the total amount of the Reusable Elements NRC discount to 100. Expiration. The promotional rates for Available Inventory requests will expire on December 31 , 2006 Existing Interconnection Agreement. Apart from the rates, terms, and conditions of this Amendment (all of which expire on December 31 , 2006), all other rates, terms, and conditions for collocation are contained in the Parties' Interconnection Agreement as amended (including, without limitation, the Collocation Available Inventory Amendment). State Commission Approval and Implementation. This Amendment is subject to the approval of an applicable state commission. The Parties agree, however, to implement the provisions of this Amendment upon execution. Entire Agreement. This Amendment (including the Interconnection Agreement as amended, which was incorporated by reference) constitutes the full and entire understanding and agreement between the parties with regard to the subject matter of this Amendment. DlECA Communications, Inc. dba Covad Communications Company :;; Zl~ Signature;;6~ Signatur James A. Kirkland Name PrintedfTyped L. T. Christensen Name Printed/Typed Senior VP and General Counsel Title Date 10 /S /s2-~ Director - Interconnection Aqreements T;tle )&c Date September 21 , 2006/msd/DIECA dba Covad/ID/CDS-O50818-0009 Special Promo Available Inventory Collo Sites Amendment Page 2 of 2