20090306Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone] lUUQ t\A.R -6 PM 2.: 2. \
Maura E. Peterson
Paralegal
Regulatory Law Qwest.
Spirit of Service.
Via Overnight delivery
March 5, 2009
Jean Jewell, Secretar
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-05-21
Application for Approval of Amendment to the Interconnection Agreement
Project Mutual Telephone Cooperative Association Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commssion 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 i:ter.
S. i ~) /1t~~~
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr (g qwest.com
Í'r-"",1i;..,
20ß9MAR -6 Pl1 2: 21
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE- T -05-21
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNCTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commission on November 23, 2005 (the "Agreement"). The Amendment with Project
Mutual Telephone Cooperative Association Inc. ("Project Mutual Telephone") 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 Commssion may reject an amendment
reached through voluntar negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer 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 Commssion 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 Commssion, the United States Congress, and the Federal
Communications Commssion. Expeditious approval of this Amendment wil enable Project
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 1
PROJECT MUTUAL TELEPHONE ASSOCIATION, INC.
Mutual Telephone to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
Qwest further requests that the Commssion approve this Amendment without a hearng.
Because this Amendment was reached through voluntar negotiations, it does not raise issues
requiring a hearing and does not concern other paries not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 6~ay of March, 2009.
A . Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INERCONNCTION AGREEMENT - Page 2
PROJECT MUTUAL TELEPHONE ASSOCIATION, INC.
CERTIFICATE OF SERVICE
I hereby certify that on this 51h day of March, 2009, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilties Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell (gpuc.state.id.us
Hand Deli very
U. S. Mail
-X Overnight Delivery
Facsimile
Email
Charlie Creason
507 G Street
Rupert, il 83350
Hand Delivery
-- U. S. Mail
Overnight Delivery
Facsimile
Email
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 3
PROJECT MUTUAL TELEPHONE ASSOCIATION, INC.
.
nL ;'
Mid-Span Meet POI and Trunking and Exhibit H AmendrJ HAR "'6
to the inte~c:;~e~;o:a'~:~~~~t between urn JQ'~\fiO PH 2: 2/
Project Mutual Telephone Cooperative Association, Inc;'-! ¡ Ie::;;
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"), a Colorado corporation, and Project Mutual Telephone Cooperative
Association, Inc. ("PMT"). PMT and Qwest shall be known jointly as the "Parties".
RECITALS
WHEREAS, PMT and Qwest entered into an Interconnection Agreement ("Agreement") which
was approved by the Idaho Public Utilities Commission on November 23, 2005, Docket No.
QWE-T-05-21; and
WHEREAS, PMT is also an ILEC operating outside of Qwests service territory and Owest and
PMT have jointly provisioned a facilty between them which is used for the exchange of traffc
between Qwest and PMT, and Qwest and PMT wish to use that facility for the exchange of
traffc between Qwest and PMT; whether that traffc relates to PMT's ILEC operations or its
CLEC operations when it competes with Qwest, ILEC and CLEC traffc wil be combined under
this amendment;
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 suffciency of
which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding terms and conditions as set forth in Mid-Span
Meet POI and Trunking and Exhibit H to this Amendment, 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. Qwest shall
implement any necessary biling 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 biling cycle.
02-03-09 Project Mutual Telephone Cooperative Association 110
Amendment to COS-050118-0015/rsd
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.
ire°n,
Signature
Project Mutual Telephone Cooperative
Association c.
Signature
l!It l!lm
Name PrintedlTyped
/hi, dtU-
Title
~/3/!i
Datel
L. T. Christensen
Name PrintedlTyped
Director - Interconnection Agreements
Title
~~,¡ ,Date
02-03-09 Project Mutual Telephone Cooperative Assocation /lD
Amendment to CDS-050118-0015/rsd
2
lI
ATTACHMENT 1
Replace Section 7.1.2.2 in its entirety with the following:
Section 7.1.2.2:
Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of Interface, limited to the
Interconnection of facilties between the Qwest Serving Wire Center location and the PMT network
location within the area served by the Qwest Serving Wire Center. In establishing a Mid-Span Meet
POI within Qwests serving area over which LIS trunking wil be established, the Parties wil utilze
the existing facilties in place between PMT and Qwest which were originally established for ILEC
operations between the Parties. For any additional Mid-Span Meet POls that PMT may request, the
actual physical Point of Interface and facilties used wil be subject to negotiations between the
Parties. Each Party wil be responsible for its portion of the build to the Mid-Span Meet POI. PMT
may not use remaining capabilty in an existing Mid-Span Meet POI to gain access to Unbundled
Network Elements. These Mid-Span Meet POls wil consist of facilties used for the exchange of
traffc and joint provisioning of Telecommunications Services to End User Customers and other
Telecommunications Carriers.
ADD SECTION 7.1.2.2.4:
Qwest and PMT have previously exchanged traffc using facilities established for the exchange of
traffc between Qwest and PMT's ILEC operation. In order to effciently use the Parties' network
facilties, PMT wil utilze the existing ILEC facilit as a "Mid-Span Meet POI" point of interconnection,
as defined below. PMT wil provision trunks on the existing facilty according to the ordering process
in Section 7.4. Should either Part wish to alter the arrangements or establish new facilties, the
Parties wil negotiate the new facilties arrangement(s) which would be used to interconnect the
networks.
ADD SECTION 7.2.1.2.3.1:
PMT and Qwest do not exchange Jointly Provided Switched Accss (JPSA) traffic. In the event that
either Part wishes to exchange JPSA traffc, the Parties wil negotiate an amendment to this
Agreement.
ADD SECTION 7.2.1.2.3.2:
7.2.1,2.3.2
other.
Qwest and PMT agree that the Parties wil not exchange VNXX traffc with each
Add the following new Section to the Agreement:
Section 7.2.2.9.9:
Under this Amendment,PMT may route traffc associated with operations as an ILEC on the trunk
group(s) established under this Amendment. Should PMT decide to route traffc for its ILEC
operations over trunks established under this Amendment, ILEC and CLEC traffc wil be combined.
The Parties understand and agree that they wil ensure the LERG reflects each Part's NPA NXX
codes and appropriate corresponding OCN designations per industry guidelines.
02-03-09 Project Mutual Telephone Cooperative Association /10
Amendment to CDS-050118-0015/rsd
3
,.. \
EXHIBIT H
Calculation of the Relative Use Factor (RUF)
Minutes that are Qwests responsibilty (A):
. All EAS/Local 251(b)(5) Minutes of Use (MOU) that Qwest sends to PMT
· All Exchange Access MOU that Qwest sends to PMT
. EAS/LocaI251(b)(5) traffc that transits Qwest network and is terminated to PMT, for which
Qwest receives compensation from the originating Carrier for performing the local transiting
function
· All IntraLA TA transit MOU that Qwest sends to PMT
. All ISP-bound and FX MOU that PMT sends to Qwest
Minutes that are PMT's responsibilty (B):
. All EAS/LocaI251(b)(5) MOU that PMT sends to Qwest
· All Exchange Access MOU that PMT sends to Qwest
. All EAS/LocaI251(b)(5) traffc that PMT sends to Qwest for termination on another Carrier's
network
· All IntraLA TA transit MOU that PMT sends to Qwest
. All ISP-bound and FX MOU that Qwest sends to PMT
The mathematical equation for RUF is as follows:
Qwest (A) I (A+B) Rounded to nearest whole percentage
PMT (B) I (A+B) Rounded to nearest whole percentage
Data used for the calculation will be the average of the most recent three (3) months' usage
determined not to be an anomaly.
02-03-09 Project Mutual Telephone Cooperative Association 110
Amendment to CDS-050118-0015/rsd
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