20110420Amendment.pdf

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Owest
1600 7th Avenue, Room 1506
Seatte, Washington 98191
[phone]
Facsimile [phone]
RECEI 0
20' I APR 20 AM 9: 4S
Maura E. Peterson
Paralegal
Regulatory Law
Qwest$
Spirit of Service$
Via Overnight delivery
April 19,2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-05-19
Application for Approval of Amendment to the Interconnection Agreement
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.
any questions concerning the enclosed. Thank you for your
mep
Enclosure
cc: Service list
.Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr (ß q west.com
RECEI 0
201l APR 20 AM 9: 4S
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.c. §252(e)
CASE NO.: QWE.T.05-19
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. ("DIECA") 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 carrer not a pary 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
Communications Commission. Expeditious approval of this Amendment wil enable Dieca to.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
DIECA, INC.
Resale Amendment
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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 hearng.
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 ~ay of April, 2011.
Adam L. rr
Attorney for Qwest
APPLiCATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
DIECA, INC.
Resale Amendment
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CERTIFICATE OF SERVICE
f'"
i hereby certify that on this J! day of April, 2011, 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
P.O. Box 83720
Boise, Idaho 83720-0074
¡jewell (ßpuc.state.id.us
Hand Delivery
U. S. Mail
-K Overnight Delivery
Facsimile
Email
Gregory T. Diamond
Senior Counsel
Covad Communications Company
7901 Lowry Bl vd.
Denver, CO 80320
Hand Delivery
~ U.S.Mail
Overnight Delivery
Facsimile
Maura Peters
Paralegal, Qwest Corporation
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
DIECA, INC.
Resale Amendment
.OocuSign Envelope 10: 8FA571B8-35B6-4450-952E-A68344AA8432
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Resale Amendment 28 If A
to the Interconnection Agreement between PR 20 AM 9: 45
Qwest Corporation
and
DIECA Communications, Inc. dba Covad Communications
for the State of Idaho
This Amendment rAmendmenf') is to the Interconnection Agreement between Qwest
Corporation rQwest"), a Colorado corporation, and DIECA Communications, Inc. dba Covad
Communications Company ("CLEC"), a Virginia corporation. Qwest and CLEC shall be known
jointly as "Parties".
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that that was approved by the Commission on October 12, 2005; and
WHEREAS, the Parties agree 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 Resale
(Section 6.0), as set forth in Attachment 1 and Exhibit A, attached hereto and incorporated
herein by this reference.
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, 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 billng changes within two (2) biling 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 billng cycle. The Parties agree that so long as Qwest implements the
billng changes and the true-up as set forth above, the CLEC's bils shall be deemed accurate
and adjusted without error.
March 18, 2011/mms/DIECA dba Covad/Resale/lD
Amendment to CDS-050818-0009 1
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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 Part of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, wil 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.
DIECA Communications, Inc. dba
Covad Communications Company
Qwest Corporation .
(fDOCUSiged by~=t;8C~
D5E9FClitlBD57454..../ r tJ~
Signature
DocuSi ned B : L T Christensen
Signature
Douglas Carlen
Name PrintedfTyped
L. T. Christensen
Name PrintedfTyped
General Counsel
Title
Director - Wholesale Contracts
Title
3/21/2011 3/21/2011
Date Date
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March 18, 2011/mms/DIECA dba Covad/ResalellD
Amendment to CDS-050818-0009 2
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ATTACHMENT 1
RESALE
Section 6.0 - RESALE is hereby inserted into the Agreement in its entirety.
Section 6.0 - RESALE
6.1 Description
6.1.1 Qwest shall offer for resale at wholesale rates any Telecommunications Services
that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the
terms and conditions of this Section. All Qwest retail Telecommunications Services are
available for resale from Qwest pursuant to the Act and wil include terms and conditions
(except prices) in Qwesfs applicable product Tariffs, catalogs, price lists, or other retail
Telecommunications Services offerings. To the extent, however, that a conflict arises between
the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications
Services offering and this Agreement, this Agreement shall be controlling.
6.1.2 While this Section 6.0 of this Agreement addresses the provision of certain
Qwest services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is
required to provide its Telecommunications Services to Qwest for resale by Qwest. Upon
request by Qwest, CLEC shall make its Telecommunications Services available to Qwest for
resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC's
relevant orders and rules, and the Commission's relevant orders and rules.
6.1.3 Certain Qwest services are not available for resale under this Agreement, as
noted in Section 6.2. The applicable discounts for services available for resale are identified in
Exhibit A.
6.2 Terms and Conditions
6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to
access Qwests OSS at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's
location to deliver training, CLEC wil pay Qwests reasonable travel related expenses. Qwest
may also offer to CLEC other training at reasonable costs.
6.2.2 Services available for resale under this Agreement may be resold only to the
same class of End User Customers to which Qwest sells such services where such restrictions
have been ordered or approved by the Commission. Such restrictions are listed below in this
Section 6.2.2.
6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale.
Such promotions are available for resale under the same terms and conditions that are
available to Qwest retail End User Customers, with no wholesale discount. Should
Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period
following the initial ninety (90) Day or less promotion period, then the initial and
subsequent promotion(s) wil be available to CLEC for resale with any applicable
wholesale discount.
6.2.2.2 Market trials of ninety (90) days or less are not available for resale.
March 18, 2011/mmsIDIECA dba Covad/Resale/lD
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6.2.2.3 Residential services and telephone assistance plans (TAP), including but .
not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by
CLEC only to the same class of End User Customers eligible to purchase these services
from Qwest.
6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must
secure TAP credits directly from the appropriate federal or state agency(ies) as
Qwest wil not collect TAP credits on an ETC's behalf.
6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services,
CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC
and any applicable state requirements governing TAP programs. CLEC shall
complete and provide such certification to Qwest before CLEC purchases TAP
services for resale, and shall re-certify annually. The certification form and
instructions are provided at Qwests web site in the Resale General Product
Catalog. Use of the Qwest certification form is mandatory to demonstrate
compliance with the requirements of this Section.
6.2.2.4 Universal Emergency Number Service is not available for resale.
Universal Emergency Number Service (E911/911 service) is provided with each local
Exchange Service line resold by CLEC whenever E911/911 service would be provided
on the same line if provided by Qwest to a Qwest retail End User Customer.
6.2.2.7 Qwest wil make retail Contract Service Arrangements (CSA) available for
resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms
and conditions (except prices) in Qwests applicable Tariffs, catalogs, price lists, or other
retail Telecommunications Services offerings wil apply to resale of CSAs, including early
termination liabilty. Nothing in this Agreement shall affect any obligation of any Qwest
retail End User Customer that early terminates a CSA, including payment of any early
termination charges. Where CLEC seeks to continue serving an End User Customer
presently served through a resold Qwest CSA, but wishes to provide such service
through alternate resale arrangements, Qwest shall provide CLEC the same waivers of
early termination liabilities as it makes to its own End User Customers in similar
circumstances. In any case where it is required to offer such a waiver, Qwest shall be
entitled to apply provisions that provide Qwest substantially the same assurances and
benefits that remained to it under the resold agreement as of the time it is changed.
6.2.2.8 Grandfathered services are available for resale by CLEC to existing End
User Customers of the grandfathered product or service.
6.2.2.9 Centrex terms and conditions related to calculation of charges for, and
Provisioning of common blocks, station lines and optional features will be based on the
Centrex definition of a system and CLEC's serving location..
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.6.2.2.9.1 Where a common block is applicable, a Centrex system is
defined by a single common block or multiple common blocks for a single CLEC
within a single Central Office switching system. A common block defines the
dialing plan for intercom callng, access to the Public Switched Network and/or
private facilties, station line and system restrictions and feature access
arrangements and functionality. CLEC may purchase multiple common blocks
within a' single Central Office switching system when CLEC requires different
dialing plans, feature access arrangements and station line or system restrictions
within a single system operation. CLEC with multiple common blocks within the
same Central Office Switch may have network access register and private facilty
trunk groups aggregated across multiple common blocks. Centrex system based
optional features (i.e., Automatic Route Selection) may not be aggregated across
multiple common blocks. A Centrex system must provide station lines to at least
one (1) location and may provide station lines to multiple locations.
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6.2.2.9.2 Centrex station lines are provisioned and charges are calculated
based on serving CLEC's location. A location is defined as the site where Qwest
facilities (cable plant from the serving Central Office Switch) meet CLEC facilties
(inside wire). In a multi-tenant building, Qwest may bring facilties directly to asingle Point of Interconnection with CLEC facilties, typically in a basement
equipment room, which would be considered a single location for this multi-
tenant building. Should Qwest bring service to multiple floors or offices within a
multi-tenant building each floor or office with a separate CLEC facilties
termination point is considered a location. Where CLEC has multiple buildings
within contiguous propert (campus), such buildings wil be provisioned and biled
as a single location. Contiguous property is defined as propert owned or leased
by CLEC and not separated by public thoroughfare, river or railroad rights-of-
way. Property wil be considered contiguous when connected via connecting
passageways or conduit acceptable to Qwest for its facilties. Where CLEC has
Centrex station lines from multiple Central Office switching systems, within the
same Qwest Wire Center, and provisioned to the same location, CLEC wil not be
charged for service or provisioned as if service was originating from a single
Centrex system. For example, station lines may only be aggregated from a
single CLEC Centrex system to a single CLEC serving location for rating
purposes. CLEC may not specify a Central Office. as CLEC's location for the
termination of Centrex station lines.
6.2.2.10 Private line service used for Special Access is available for resale but not
at a discount.
6.2.2.11 Intentionally Left Blank.
6.2.2.12 Telecommunications Services provided directly to CLEC for its own use
and not resold to End User Customers must be identified by CLEC as such, and CLEC
wil pay Qwest retail prices for such services.
6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at
least equal in quality and in substantially the same time and manner that Qwest provides these
services to itself, its subsidiaries, its Affilates, other Resellers, and Qwests retail End User
Customers. Qwest shall also provide resold services to CLEC in accordance with the
. Commission's retail service quality requirements, if any. Qwest further agrees to reimburse
March 18, 2011/mms/DIECA dba Covad/Resale/lD
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CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to .
provide service to CLEC, subject to the understanding that any payments made pursuant to this
provision wil be an offset and credit toward any other penalties voluntarily agreed to by Qwest
as part of a performance assurance plan, and further subject to the following provisions:
6.2.3.1 Qwest shall provide service credits to CLEC for resold services in
accordance with the Commission's retail service requirements that apply to Qwest retail
services, if any. Such credits shall be limited in accordance with the following:
a) Qwests service credits to CLEC shall be subject to the wholesale
discount;
b) Qwest shall only be liable to provide service credits in accordance with
the resold services provided to CLEC. Qwest is not required to provide service
credits for service failures that are the fault of CLEC;
c) Intentionally Left Blank.
d) Intentionally Left Blank.
e) In no case shall Qwests credits to CLEC exceed the amount Qwest
would pay a Qwest End User Customer under the service quality requirements,
less any wholesale discount applicable to CLEC's resold services; and
f) In no case shall Qwest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident. .
6.2.3.2 Fines and Penalties - Qwest shall be liable to pay to CLEC fines and
penalties for resold services in accordance with the Commission's retail service
requirements that apply to Qwest retail services, if any. Such credits shall be limited in
accordance with the following:
a) Qwests fines and penalties paid to CLEC shall be subject to the
wholesale discount;
b) Qwest shall only be liable to provide fines and penalties in accordance
with the resold services provided to CLEC. Qwest is not reqùired to pay fines
and penalties for service failures that are the fault of CLEC;
c) Intentionally Left Blank.
d) In no case shall Qwests fines and penalties to CLEC exceed the
amount Qwest would pay the Commission under the service quality plan, less
any wholesale discount applicable to CLEC's resold services; and
e) In no case shall Qwest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident.
6.2.4 In the event that there are existing agreements between CLEC and Qwest for
resale under Qwest retail Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings, CLEC may elect to continue to obtain services for resale under the existing .
March 18. 2011/mms/DIECA dba Covad/Resale/ID
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. agreements and such retail Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings, or CLEC may elect to terminate such existing agreements and obtain such
services by adopting this Agreement pursuant to the General Terms of this Agreement. If CLEC
so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this
Agreement wil apply.
6.2.5 Intentionally Left Blank.
6.2.6 The Parties may not reserve blocks of telephone numbers except as allowed by
Applicable Law or regulation.
6.2.7 Qwest wil accept at no charge one (1) primary white pages Directory Listing for
each main telephone number belonging to CLEC's End User Customer based on End User
Customer information provided to Qwest by CLEC. Qwest wil place CLEC's End User
Customer's Listings in Qwests Directory Assistance Database and wil include such Listings in
Qwest's Directory Assistance Service. Additional terms and conditions with respect to Directory
Listings are described in the Ancilary Services Section and the Qwests Official Directory
Publisher Section of this Agreement.
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6.2.8 Qwest shall provide to CLEC, for CLEC's End User Customers, E911/911 call
routing to the appropriate Public Safety Answering Point (PSAP). Qwest shall not be
responsible for any failure of CLEC to provide accurate End User Customer information for
listings in any databases in which Qwest is required to retain and/or maintain such information.
Qwest shall provide CLEC's End User Customer information to the Automatic Location
IdentificationlDatabase Management System (AUIDMS). Qwest shall use its standard process
to update and maintain CLEC's End User Customer service information in the AUIDMS used to
support E911/911 services on the same schedule that it uses for its retail End User Customers.
Qwest assumes no liabilty for the accuracy of information provided by CLEC.
6.2.9 If Qwest provides and CLEC accepts Qwests Directory Assistance Service or
operator services for CLEC's resold local Exchange Service. lines, such Directory Assistance
and operator services may be provided with branding as provided in this Agreement in Sections
10.5 for Directory Assistance Service, and 10.7 for operator services.
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6.2.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on
behalf of its End User Customers for InterLATA and IntraLA TA services. CLEC and Qwest shall
follow all Applicable Laws, rules and regulations with respect to PIC changes. Qwest shall
disclaim any liabilty for CLEC's improper InterLATA and IntraLATA PIC change requests, and
CLEC shall disclaim any liability for Qwests improper InterLATA (when applicable) and
IntraLATA PIC change requests.
6.2.11 When End User Customers switch from Qwest to CLEC, or to CLEC from any
other Reseller and if they do not change their service address to an address served by a
different Rate Center, such End User Customers shall be permitted to retain their current
telephone numbers if they so desire and if such number retention is not prohibited by Applicable
Laws or regulations for number administration and Local Number Portabilty (LNP).
6.2.12 In the event Qwest properly terminates the Provisioning of any resold services to
CLEC for any reason, CLEC shall be responsible for providing any and all necessary notice to
its End User Customers of the termination. In no case shall Qwest be responsible for providing
such notice to CLEC's End User Customers. Qwest wil provide notice to CLEC of Qwests
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termination of a resold service on a timely basis consistent with Commission rules and notice .
requirements.
6.2.13 The underlying network provider of a resold service shall be entitled to receive,
from the purchaser of Switched Access, the appropriate access charges pursuant to its. then
effective Switched Access Tariff.
6.2.14 Resold services are available where facilties currently exist and are capable of
providing such services without construction of additional facilties or enhancement of existing
facilities. However, if CLEC requests that facilties be constructed or enhanced to provide
resold services, Qwest wil construct facilties to the extent necessary to satisfy its obligations to
provide basic local Exchange Service as set forth in Qwests retail Tariffs, catalogs, price lists,
or other retail Telecommunications Services offerings and Commission rules. Under such
circumstances, Qwest wil develop and provide to CLEC a price quotation for the construction.
Construction charges associated with resold services wil be applied in the same manner that
construction charges apply to Qwest retail End User Customers. If the quotation is accepted by
CLEC, CLEC wil be billed the quoted price and construction wil commence after receipt of
payment.
6.3 Rates and Charges
6.3.1 Wholesale discounts for resold Telecommunications Services offerings are
provided in Exhibit A. The Telecommunications Services offenngs available for resale but
excluded from the wholesale pricing arrangement in the Agreement are available at the retail
Tariff, price list, catalog, or other retail Telecommunications Services offering rates.
Telecommunications Services available for resale with or without a wholesale discount are .
subject to Commission-approved change, and any such changes shall apply from the effective '
date of such change on a going-forward basis only.
6.3.2 The Customer Transfer Charges (CTC) as specified in Exhibit A. apply when
transferring services to CLEC.
6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge
to End User Customers, will continue to be paid by CLEC without discount for each local
exchange line resold under this Agreement. All federal and state rules and regulations
associated with SLC as found in the applicable Qwest Tariffs, catalogs, price lists, or other retail
Telecommunications Services offerings also apply.
6.3.4 CLEC will pay to Qwest the Primary Interexchange Carrier (PIC) change charge
without discount for CLEC End User Customer changes of Interexchange or IntraLATA Carriers.
Any change in CLEC's End User Customer's Interexchange or IntraLATA Carrier must be
requested by CLEC on behalf of its End User Customer, and Qwest wil not accept changes to
CLEC's End User Customer's Interexchange or IntraLATA Carrier(s) from anyone other than
CLEC.
6.3.5 CLEC agrees to pay Qwest when its End User Customer activates any services
or features that are biled on a per use or per activation basis (e.g., continuous redial, last call
return, call back callng, call trace) subject to the applicable discount in Exhibit A as such may
be amended pursuant to this Section. With respect to all such charges, Qwest shall provide
CLEC with sufficient information to enable CLEC to bil its End User Customers..
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6.3.6 Miscellaneous Charges applicable to services ordered for resale by CLEC wil
apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End
User Customers, except that CLEC will receive any applicable wholesale discount. Such
Miscellaneous Charges include charges listed in the applicable Qwest Tariffs, catalogs, price
lists, or other retail Telecommunications Services offerings.
6.3.7 If the Commission orders additional services to be available for resale, Qwest wil
revise Exhibit A to incorporate the services added by such order into this Agreement, effective
on the date ordered by the Commission. If the Commission indicates those additional services
must be available for resale at wholesale discount rates, those additional services wil be added
to this Agreement at the original Agreement wholesale discount rate.
6.3.8 Qwest shall timely bil new or changed Commission-ordered resale rates or
charges using the effective date for such rates or charges as ordered by the Commission. If
Qwest bils CLEC amounts different from new or changed rates or charges after the effective
date of such rates or charges, Qwest shall make appropriate bil adjustments or provide
appropriate bil credits on CLEO's bil(s).
6.3.9 If rates for services resold by CLEC under this Agreement change, based on
changes in Qwests Tariffs, catalogs, price lists or other retail Telecommunications Services
offerings, charges biled to CLEC for such services will be based upon the new Tariff, catalogs,
price lists, or other retail Telecommunications Services offerings rates less the applicable
wholesale discount, if any, as agreed to herein or as established by Commission order. The
new rate wil be effective upon the effective date of the Tariff, catalog, price list, or other retail
Telecommunications Services. offerings.
6.3.10 Product-specific nonrecurring charges as set forth in Qwests applicable Tariffs,
catalogs, price lists, or other retail Telecommunications Services offerings will apply when new
or additional resold services are ordered and installed at CLEC's request for use by CLEC's End
User Customers. Such nonrecurring charges wil be subject to the wholesale discount, if any,
that applies to the underlying service being added or changed.
6.4 Ordering Process
6.4.1 CLEC, or CLEC's agent, shall act as the single point of contact for its End User
Customers' service needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports, repair, post~sale servicing,
Billng, collection and inquiry. CLEC's End User Customers contacting Qwest in error wil be
instructed to contact CLEC; and Qwests End User Customers contacting CLEC in error wil be
instructed to contact Qwest. In responding to calls, neither Part shall make disparaging
remarks about each other. To the extent the correct provider can be determined, misdirected
calls received by either Party will be referred to the proper provider of local Exchange Service;
however, nothing in this Agreement shall be deemed to prohibit Qwest or CLEC from discussing
its products and services with CLEC's or Qwests End User Customers who call the other Part
seeking such information.
6.4.2 CLEC shall transmit to Qwest all information necessary for the ordering (Biling,
Directory Listing and other information), installation, repair, maintenance and post-installation
servicing according to Qwests standard procedures, as described in the Qwest Product Catalog
(PCAT) available on Qwests public web site located at http://ww.qwest.com/wholesale/pcat.
March 18, 2011/mms/DIECA dba Covad/Resale/lD
Amendment to CDS-050818-0009 9
OocuSign Envelope 10: 8FA571B8-35B6-450-952E-A6834AA8432
Information shall be provided using Qwest's designated Local Service Request (LSR) format .
which may include the LSR, End User Customer and resale forms.
6.4.3 Qwest wil use the same performance standards and criteria for installation,
Provisioning, maintenance, and repair of services provided to CLEC for resale under this
Agreement as Qwest provides to itself, its Affiliates, its subsidiaries, other Resellers, and Qwest
retail End User Customers. The installation, Provisioning, maintenance, and repair processes
for CLEC's resale service requests are detailed in the Access to OSS Section of this
Agreement, and are applicable whether CLEC's resale service requests are submitted via
Operational Support System or by facsimile.
6.4.4 CLEC is responsible for providing to Qwest complete and accurate End User
Customer Directory Listing information including initial and updated information for Directory
Assistance Service, white pages directories, and E911/911 Emergency Services. The Ancilary
Services Section of this Agreement contains complete terms and conditions for Directory
Listings for Directory Assistance Services, white pages directories, and E911/911 Emergency
Services.
6.4.5 If Qwests retail End User Customer, or the End User Customer's New Service
Provider orders the discontinuance of the End User Customer's existing Qwest service in
anticipation of the End User Customer moving to a New Service Provider, Qwest will render its
closing bil to the End User Customer, discontinuing Billng as of the date of the discontinuance
of Qwests service to the End User Customer. If the Current Service Provider, or if the End User
Customer's New Service Provider orders the discontinuance of existing resold service from the
Current Service Provider, Qwest wil bil the Current Service Provider for service through the
date the End User Customer receives resold service from the Current Service Provider. Qwest .
wil notify CLEC by Operational Support System interface, facsimile, or by other agreed-upon
processes when an End User Customer moves from the Current Service Provider to a New
Service Provider. Qwest will not provide the Current Service Provider with the name of the New
Service Provider selected by the End User Customer.
6.4.6 CLEC shall provide Qwest and Qwest shall provide CLEC with points of contact
for order entry, problem resolution and repair of the resold services. These points of contact will
be identified for both CLEC and Qwest in the event special attention is required on a service
request.
6.4.7 Prior to placing orders on behalf of the End User Customer,CLEC shall be
responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth
in the POA Section of this Agreement.
6.4.8 Due Date intervals for CLEC's resale service requests are established when
service requests are received by Qwest through Operational Support Systems or by facsimile.
Intervals provided to CLEC shall be equivalent to intervals provided by Qwest to itself, its
Affilates, its subsidiaries, other Resellers, and to Qwests retail End User Customers.
6.5 Billng
6.5.1 Qwest shall bill CLEC and CLEC shall be responsible for all applicable charges
for the resold services as provided herein. CLEC shall also be responsible for all Tariffed,
cataloged, price listed, and other retail Telecommunications Services offerings charges and .
March 18, 2011/mms1D1ECA dba Covad/Resale/ID
Amendment to CDS-050818-0009 10
..
~OocuSign Envelope 10: 8FA571B8-35B6-4450-952E-A68344AA8432
. charges separately identified in this Agreement associated with services that CLEC resells to an
End User Customer under this Agreement.
6.5.2 Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) Days
of the last day of the most recent Biling period, in an agreed upon standard electronic Billng
format as detailed in Section 12.2.5, Billing information including (1) a summary bil, and (2)
individual End User Customer sub-account information consistent with the samples available for
CLEC review.
6.6 Maintenance and Repair
6.6.1 Qwest wil maintain its facilties and equipment used to provide CLEC resold
services. CLEC or its End User Customers may not rearrange, move, disconnect or attempt to
repair Qwests facilties or equipment, including facilties or equipment that may terminate or be
located at CLEC's End User Customer's premises, other than by connection or disconnection to
any interface between Qwest and the End User Customer's facilties, without the written consent
of Qwest.
6.6.2 Maintenance and Repair procedures are detailed in Section 12. Access to
telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively.
.
6.6.3 CLEC and Qwest will employ the procedures for handling misdirected repair calls
as specified in Section 12.3.8 of this Agreement.
6.7 Commingling of Resold Services with Unbundled Network Elements and
Combinations of Unbundled Network Elements
6.7.1 To the extent it is Technically Feasible and pursuant to the terms of Section 9.1,
CLEC may Commingle Telecommunications Services purchased on a resale basis with an
Unbundled Network Element or combination of Unbundled Network Elements.
6.7.1.1 Services are available for Commingling only in the manner in which they
are provided in Qwests applicable product Tariffs, catalogs, price lists, or other
Telecommunications Services offerings.
.
March 18, 2011/mmsIDIECA dba Covad/Resale/lD
Amendment to CDS-050818-0009 11
DocSign Envelope ID: 8FA571 B8-35B6-45D-952E-A6834AA8432
Exhibit A
Idaho
6.1.2,5
6.1.2.6
6.1,2.7
6,1.2.8
6.1,2,9
Wholesale Wholesale
Discount Discount
Percentage Percntage
Recurrng Nonrecurrng
Charges Charges
18.25%18.25%B B
18,25%18,25%B B
18.25%18.25%B B
18.25%18.25%B B
18.25%18,25%B B
18.25%18,25%B B
18.25%18.25%B B
6.65%6.65%B B
0,00%0.00%B B
19.37%19.37%B B
19.37%19,37%B B
19.37%19.37%B B
19.37%19.37%B B
19.37%19.37%B B
19,37%19,37%B B
19.37%19,37%B B
6,87%6,87%B B
0.00%0.00%B B
6.0 Resale
6.1 Wholesale Discount Rates
6:1.1 Southem Idaho
6,1,1,1 Basic Exchan e Residential Line Service
6.1.1.2 Basic Exchan e Business Line Service
6,1.1,3 IntrLATA Toll
6.1 ,1.4 Package I Special Services (e.g., Centx, Discounted. Line/Feature
Packages, ISDN, PBX-Trunks, DSS & UAS, Frame Relay Service,
LAN, MegaBit and other ACS)
6,1,1,5 Listin s, CO Features & Information Services
6,1,1,6 Private Line
6.1.1,7 0 ertor Services / Directo Assistance OSIOA
6,1.1,8 Volume Packa ed servces - Hi h Volume Customers
6,1,1.9 Public Accss Line PAL Service
6.1.2 Northem Idaho
6.1.2.1 Basic Exchan e Residental Line Service
6.1,2.2 Basic Exchan e Business Line Servce / PBX
6.1,2,3 IntraLATA Toll
6.1.2,4 Package / Special services (e.g., Centrex, Discounted Line/Feature
Packages, ISDN, PBX-Trunks, DSS & UAS, Frame Relay service,
LAN, MegaBit and other ACS)
6.2 Customer Transfer Char e CTC
6.2,1 CTC for POTS Service
6,2,1,1 Manual
6,2.1.1.1
6,2,1,1.2
Mechanized
6.2.1.2.1 First Line
6,2.1.2.2 Each Additional Line
CTC for Private Line Trans or Services
6.2.2.1 First Circuit
6.2.2,2 Additional Circuit, er Circuit, same CSR
CTC for Advanced Communications services, er Circuit
First Line
Each Additional Line
$16.22 B
$2,27 B
$0.63 B
$0.12 B
$38,84 B
$33.50 B
$46,81 B
6.2,1.2
6,2,2
6.2,3
NOTES:
B
.
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