20060503Amendment.pdf

Owest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
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Qwest~
Spirit of Service
Maura E. Peterson
Paralegal
Regulatory Law
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Via Overnight delivery
May 2, 2006
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-05-
Application for Approval of Amendment to the Interconnection Agreement
Pac-West Telecomm, Inc.
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 i is matter.
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(illqwest. com
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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.: QWE-O5-
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 November 23 , 2005 (the "Agreement"). The Amendment with Pac-
West Telecomm, Inc. ("Pac-West") 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
portion( s) 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
Communications Commission. Expeditious approval of this Amendment will enable Pac-West
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
PAC-WEST TELECOMM, INC.
EXPEDITE REQUESTS AMENDMENT
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 2nd day of May, 2006.
Qwest Corporation
Adam L. Sherr
Attorney for Qwest
----
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
P AC- WEST TELECOMM, INC.
EXPEDITE REQUESTS AMENDMENT
CERTIFICATE OF SERVICE
I hereby certify that on this 2nd day of May, 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 ewell(illpuc.state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
John Sumpter
P. Regulatory
4210 Coronado Ave.
Stockton, CA 95204
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
==
~mai~
Maura Peterson
Paralegal, Qwest Corporation
APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
P AC- WEST TELECOMM, INC.
EXPEDITE REQUESTS AMENDMENT
Expedite Requests Amendment
to the Interconnection Agreement
between
Qwest Corporation
and
Pac-West Telecomm, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Owest
Corporation ("Owest"), a Colorado corporation , and Pac-West Telecomm, Inc. ("CLEC"
).
CLEC
and Owest shall be known jointly as the ("Parties
RECITALS
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 ); and
WHEREAS, the Parties wish 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 Expedite
Requests, as set forth in Attachment 1 and Exhibit A, attached hereto and incorporated herein.
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, CLEC must generate, if necessary, an updated Customer Questionnaire. In addition
to the Questionnaire, all system updates will need to be completed by Owest. CLEC will be
notified when all system changes have been made. Actual order processing 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 Owest implements the billing changes and the true-up
as set forth above, the CLEC's bills shall be deemed accurate and adjusted without error.
March 27 , 2006/lhd/PacWestlExpedite Requests/ID
Amendment to: CDS-051 025-0001
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 Aareement
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 Corporation
rLCZ
Authorized Signature
L. T. Christensen
Name Printed/Typed
Vice President. ReQulatorv
Title
March 30. 2006
Date
Director - Interconnection Aqreements
Title
r /s;bee,Date
March 30, 2006/1hd/PacWest/Expedite Requests/lD
Amendment to: CDS-051 025-0001
ATTACHMENT 1
ATTACHMENT 1
EXPEDITE REQUESTS
Definitions
Miscellaneous Charges" mean cost-based charges that Qwest may assess in addition to
recurring and nonrecurring rates set forth in Exhibit A, for activities CLEC requests Qwest to
perform , activities CLEC authorizes, or charges that are a result of CLEC's actions, such as
cancellation charges, expedite charges, and charges for additional labor and maintenance.
Miscellaneous Charges are not already included in Qwest's recurring or nonrecurring rates.
Miscellaneous Charges are listed in Exhibit A, except that Miscellaneous Charges for resale
services are provided in the applicable tariff, catalog, or price list.
Expedite ReQuests for LIS Trunk Orders
Expedite requests for LIS trunk orders are allowed. Expedites are requests for
intervals that are shorter than the interval defined in Qwest's Service Interval Guide (SIG) or
Individual Case Basis (ICB) Due Dates. Expedite charges as identified in Exhibit A apply per
order for every day that the Due Date interval is shortened, based on the standard interval in the
SIG or based on 1GB criteria for Due Dates.
CLEC will request an expedite for LIS trunks, including an
expedited Due Date, on the Access Service Request (ASR).
The request for expedite will be allowed only when the request
meets the criteria outlined in the Pre-Approved Expedite Process in Qwest'
Product Catalog for expedite charges at Qwest's wholesale web site.
Expedite ReQuests for Desianed Unbundled Network Elements15 Expedite requests for designed Unbundled Network Elements are allowed.
Expedites are requests for intervals that are shorter than the interval defined in Qwest's Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates.
15.CLEC will request an expedite for designed Unbundled Network
Elements, including an expedited Due Date , on the Local Service Request (LSR)
or the Access Service Request (ASR), as appropriate.
15.The request for an expedite will be allowed only when the request
meets the criteria outlined in the Pre-Approved Expedite Process in Qwest'
Product Catalog for expedites at Qwest's wholesale web site.
March 27, 2006/lhd/PacWestlExpedite Requests/ID
Amendment to: CDS-051 025-0001
Exhibit A
Idaho
Cancellation Charge (LIS Trunks)
Additional Testing (LIS Trunks)
NOTES:
(2) Market-based rates.
Qwest Idaho TRRO Template Exhibit A Seventh Revision
February 28, 2006
Qwest's Idaho
Access Service
Catalog
Qwest's Idaho
Access Service
Catalog
Qwest's Idaho
Access Service
Catalog
$200.
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