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Home My WebLink About20101221Amendment.pdf. . . Qwest 1600 7th Avenue, Room 3206 Seatte, Washington 98191 (206) 398.2504Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law December 20, 2010 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 1mo DEC 2 \ PM 2~ 01 Qwest~ Spirit of Service'" Via Overnight delivery Re: Case No. QWE-T-05-22 Application for Approval of Amendment to the Interconnection Agreement Dear Ms. Jewell: Enclosed for fiing 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. ave any questions concerning the enclosed. Thank you for your mep Enclosure cc: Service list .Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 1506 Seattle, W A 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com 3~F~f F-;1.01 h..; zmunEC 21 PM 2~ 01 \ () ¡~J'~'t 0 U"'ILIT'\f;~'ii t '-~ BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §2S2(e) CASE NO.: QWE-T-OS-OS APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION 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 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 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 Pac-West. APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page i Pac-West Telecomm, Inc. VOIP 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),tJ day of December, 2010. fof: Adam L. Sherr Attorney for Qwest APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Pac-West Telecomm, Inc. VOIP Amendment . CERTIFICATE OF SERVICE I hereby certify that on this ¡j~day of December 2010, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all paries 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 ¡¡ewell ~puc.state.id.us Hand Deli very U. S. Mail -K Overnight Delivery Facsimile Email Jennifer Eubanks Chief Financial Officer Pac-West Telecomm, Inc. Hand Deli very -- u. S. Mail Overnight Delivery Facsimile . . APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Pac-West Telecomm, Inc. VOIP Amendment .. OocuSign Envelope 10: 77772161-95E2-4EC3-807F-024178763FA7 . . . Voice over Internet Protocol (VoIP) Amendment RE C E \l to the Interconnection Agreement Qwest Corporation a~~~::~west Telecomm, Inc.Lßin Ofe 21 PM 2:01 for the State of Idaho This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and ,Pac-West Telecomm, Inc. ("CLEC"), a California corporation. CLEC and Qwest shall be known jointly as the "Parties". RECITALS WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") for service in the state of Idaho which was approved by the Idaho Public Utilties Commission ("Commission") on November 23, 2005; and WHEREAS, the Parties dispute terms, conditions and application and interpretation of existing rules regarding the exchange of traffc commonly referred to as "VoIP Traffic" and desire to exchange VolP Traffc pending the outcome of a decision by the applicable State Commission or the Federal Communications Commission ("FCC") regarding the definition of VolP Traffc and the appropriate intercarrier compensation to apply to VolP Traffic; and WHEREAS, to address the dispute regarding the exchange of VolP Traffc without either Part waiving rights to advocate the position and seek appropriate remedies, and to allow the network configuration specified below to be installed and/or maintained so that traffc can be exchanged, the Parties have agreed to the following terms and conditions. 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 terms and conditions for VolP traffc as set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein by this reference. The Sections identified in Attachment 1 have been modified, replaced entirely or are new additions to the Agreement. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, where permitted, the Parties 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, which updates shall be made on a timely basis. CLEC wil be notified when all system changes have been made. If necessary, actual order processing may begin once these requirements have been met. Additionally, Qwest shall implement any necessary billng changes within two (2) billng cycles after the latest execution date of this Amendment, with an Nov 11, 2010/caclPac-West TelecommNolP Amd/lD Amendment to CDS-051025-0001 OocuSign Envelope 10: 77772161-95E2-4EC3-807F-024178763FA7 , accurate true-up subject to the dispute resolution clause of this Agreement, 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 biling changes and the true-up as set forth above, the CLEC's bils shall be deemed accurate and adjusted without error. 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.. Pac-West Telecomm, Inc. 5OC74QBF613B404...?-.¡e.~ ,-OocuSigned By: Jennifer Eubanks_ Qwest Corporation 05E1FC68BD5454...~ rßl_ Signature Signature OocuSlgned By: L T Christnsen Jennifer Eubanks Name Printecyped L. T. Christensen Name PrintedlTyped Chief Financial Offcer Title Director - Interconnection Agreements Title 11/23/2010 11/29/2010 Date Date . Nov 11, 2010/caclPac-West TelecommNolP AmdllD Amendment to CDS-G51 025-0001 2 OocuSign Envelope 10: 77772161-95E2-4EC3-807F-024178763FA7 .ATTACHMENT 1 Qwests Voice over Internet Protocol (VoIP) Amendment The following new definition is hereby replaced in Section 4.0 - DEFINITIONS: "Interconnection" is as described in the Act and refers to the connection between networks for the purpose of transmission and routing of telephone Exchange Service traffc, Exchange Access, ISP-Bound traffic, VolP traffc, and Jointly Provided Switched Access traffc. The following new definitions are hereby added in Section 4.0 - DEFINITIONS: "VoIP" (Voice over Internet Protocol) traffic is traffc that originates in Internet Protocol at the end user customer premises using IP-Telephone handsets, end-user customer premises Internet Protocol (IP) adapters, CPE-based Internet Protocol Telephone (IPT) Management "plug and play" hardware, IPT application management and monitoring hardware or such similar equipment and is transmitted over a broadband connection to the VolP provider. VolP is treated as an . Information Service, and is subject to interconnection and compensation rules and treatment accordingly under this Agreement as amended by this Amendment, including but not limited to section 7.3.4.7.1 below, based on the supposition that the VolP Provider Point of Presence ("POP") is an end user premise. "VoIP Provider POP (Point Of Presence)" is any portion of CLEC's network or network facilties that is dedicated to the transmission and routing of Vol P traffc to or from Qwests network, including but not limited to a multiplexer port or DSX paneL. . The following new sections 7.1.1.2 and 7.1.1.3 are hereby added to the Agreement: 7.1.1.2 A Part may utilze LIS trunks to send VolP traffic to the other Part for termination under this Agreement only pursuant to the same rules that apply to traffc from all other end users, and pursuant to the requirement that the VolP Provider POP must be in the same local callng area as the called part. CLEC may not use LIS trunks solely to exchange VolP traffic. The parties agree to allow each other to conduct operational verification audits and to work cooperatively with each other as well as to make available any supporting documentation and records including any of the parties' providers or customers to ensure that the parties are complying with the definition and appropriate treatment of VolP traffc. Qwest shall have the right to redefine this traffic as Switched Access in the event of an "operational verification audit failure". Such audit wil be conducted on a quarterly basis and Qwest wil notify CLEC of problems within 30 days. An "operational verification audit failure" is defined as: (a) Qwests inabilty to conduct a post-provisioning operational verification audit due to insufficient cooperation by CLEC or CLEC's other providers, or (b) a determination by Qwest in a post- provisioning operational verification audit that the CLEC or CLEC's end-user customers are not originating calls in a manner consistent with this definition. All information exchanged between the Parties wil be considered confidential and proprietary information pursuant to the Agreement. CLEC reserves the right to require any non- employee who is directly or indirectly involved in any such review to execute a nondisclosure agreement reasonably satisfactory to CLEC. 7.1.1.3 Prior to using Local Interconnection Service trunks to terminate VolP traffc, the parties certify that they require their customers to certify that the (a) types of. Nov 11, 2010/caclPac-West TelecommNolP AmdllD Amendment to CDS-051025-0001 3 OocuSign Envelope 10: 77772161-95E2-4EC3-807F-024178763FA7 '. equipment VolP end-users wil use are consistent with the origination of VolP calls as . defined in Section 4 of this Agreement, and (b) types of configurations that VolP end- users wil use to originate calls using IP technology are consistent with the configuration as defined in Section 4 of this Agreement. CLEC will initially use the Charge Number (CN) field of the SS7 call stream to identif the VolP Provider POP that is used by CLEC to send the VolP Traffc to Qwest for termination and is local to the called part's number to ensure that the biling systems wil properly rate the calls as local calls. The parties wil also subsequently use any mandatory industry standards or any other mutually agreeable method to identify the VolP Provider POP associated with the VolP Traffc. The following new section is hereby added to the Agreement: 7.2.1.2.5 (f) VolP traffc as defined in this Agreement. The following new section is hereby added to the agreement: 7.3.4.7 Exchange Service (EAS/Local) and VolP Traffc 7.3.4.7.1 CLEC and Qwest will exchange Exchange Service (EAS/Local) and VolP traffic pursuant to the selection made by CLEC in Exhibit J. . . Nov 11, 2010/caclPac-West TelecommNolP Amd/lD Amendment to CDS-051 025-0001 4