20070914Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
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Maura E. Peterson
Paralegal
Regulatory Law
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September 13 , 2007
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-06-
Application for Approval of Amendment to the Interconnection Agreement
360networks (USA) 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.
assistance in this matter.
Sincerely,
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Enclosure
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Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(illq west. 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-O6-
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 March 7, 2006 (the "Agreement"). The Amendment with
360Networks, (USA) inc.360Networks ) 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 of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
360networks (USA) inc.
Voice over Internet Protocol (VoIP) Amendment
360Networks 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 day of September, 2007.
Qwest corp r " t
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Adam L. She1:f
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Attorney for Qwest
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APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
360networks (USA) inc.
Voice over Internet Protocol (VoIP) Amendment
CERTIFICATE OF SERVICE
I hereby certify that on this ::fhday of September 2007, 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
iiewell~puc.state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Ron Gustafson
Vice President, General Counsel
360networks (USA) inc.
2401 4th Ave., Suite 1150
Seattle, WA 98121
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
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Maura Peterso
Paralegal, Qwest
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APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
360networks (USA) inc.
Voice over Internet Protocol (VoIP) Amendment
Voice over Internet Protocol (VoIP) Amendment
to the Interconnection Agreement between
Owest Corporation
and
360networks (USA) inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"), a Colorado corporation , and 360networks (USA) inc. ("CLEC"), a Nevada
corporation. Qwest and CLEC shall be known jointly as the "Parties
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Idaho Public Utilities Commission on March 7, 2006, as
referenced in Docket No. QWE-06-, Decision No. 29986 ("Agreement"); and
WHEREAS , the Parties dispute terms, conditions and application and interpretation of existing
rules regarding the exchange of traffic commonly referred to as "VoIP Traffic" and desire to
exchange VolP Traffic pending the outcome of a decision by the applicable State Commission
or the Federal Communications Commission ("FCC") regarding the definition of VolP Traffic and
the appropriate intercarrier compensation to apply to VolP Traffic; and
WHEREAS, to address the dispute regarding the exchange of VolP Traffic without either Party
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 traffic 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 traffic 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, 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 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 Qwest implements the
August 10, 2007/msd/360networksNoIPIiD
Amendment to CDS-051219-0002
billing changes and the true-up as set forth above, the CLEC's bills 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 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 AQreement
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.
360networks (USA) inc.
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August 10, 2007/msd/360networksNoIP/ID
Amendment to CDS-051219-0002
ATTACHMENT 1
Qwest's Voice over Internet Protocol (VoIP) Amendment
The followinq Sections have been modified. replaced entirely or are new additions to the
Aqreement.
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 traffic , Exchange
Access , ISP-Bound traffic, VolP traffic , and Jointly Provided Switched Access traffic.
VoIP" (Voice over Internet Protocol) traffic is traffic that originates in Internet Protocol at the
end user customer location using IP-Telephone handsets, end-user customer premises
Internet Protocol (IP) adapters, GPE-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 based on the supposition that the
VolP Provider Point of Presence ("POP") is an end user premise.
A Party may utilize LIS trunks to send VolP traffic to the other Party for
termination under this Agreement only pursuant to the same rules that apply to traffic
from all other end users, including the requirement that the VolP Provider POP must be
in the same local calling area as the called party. GLEG 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 traffic. Owest shall have the right to redefine this traffic as Switched
Access in the event of an "operational verification audit failure . An "operational
verification audit failure" is defined as: (a) Owest's inability to conduct a post-provisioning
operational verification audit due to insufficient cooperation by GLEG or GLEG's other
providers , or (b) a determination by Owest in a post-provisioning operational verification
audit that the GLEG or GLEG's end-user customers are not originating calls in a manner
consistent with this definition.
Prior to using Local Interconnection Service trunks to terminate VolP traffic
the parties certify that they require their customers to certify that the (a) types of
equipment VolP end-users will 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 will use to originate calls using I P technology are consistent with the configuration
as defined in Section 4 of this Agreement. GLEG will initially use the Gharge Number
(GN) field of the SS7 call stream to identify the VolP Provider POP that is used by GLEG
to send the VolP Traffic to Owest for termination and is local to the called party s number
to ensure that the billing systems will properly rate the calls as local calls. The parties will
also subsequently use any mandatory industry standards or other mutually agreeable
methods to identify VolP Traffic.
August 10 , 2007/msd/360networks/VoIPIiD
Amendment to CDS-051219-0002
Voir traffic as defined in this Agreement.
Exchange Service (EAS/Local), ISP-Bound Traffic, voir traffic
Exchange Access (IntraLA T A Toll carried solely by Local Exchange Carriers),and Jointly Provided Switched Access (InterLATA and IntraLATA Toll
involving a third party IXC) may be combined in a single LIS trunk group or
transmitted on separate LIS trunk groups.
Section 3.4. in the Aqreement. is deleted in its entirety and replaced with the following:
Exchange Service (EAS/Local), ISP-Bound and VolP Traffic
3.4.CLEC and Owest will exchange Exchange Service (EAS/Local), ISP-Bound
and Voir traffic on a Bill and Keep basis.
August 10, 2007/msd/360networks/VoIP/ID
Amendment to CDS-051219-0002