20080715Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone] .Facsimile [phone]
9: 39
Maura E. Peterson
Paralegal
Regulatory Law
Qwest$
Spirit of Service™
Via Overnight delivery
July 14, 2008
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-06-2
Application for Approval of Amendment to the Interconnection Agreement
360networks (USA) inc.
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.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this atte
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~qwest.com
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 -06-2
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 voluntar negotiations only if the Commission finds that: the amendment (or
portion( s) thereof) discriminates against a telecommunications carier not a pary to ths
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 ths 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
Communcations Commission. Expeditious approval of this Amendment will enable
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
360networks (USA) inc.
360networks to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
Qwest furer 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 ôtherpåries not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 14th day of July, 2008.
Qwest. Corporation~Adam L. Sherr
Attorney for Qwest
=:
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
360networks (USA) inc.
CERTIFICATE OF SERVICE
I hereby certify that on this 14th day of July, 2008, 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
j j ewellØ?puc. state. id. us
~Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Ron Gustafson
Vice President and General Counsel
360networks (USA) inc.
2101 4th Avenue Suite 2000
Seattle, w A 98121
-L Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Em'
MauraPeter
Paralegal, Qwest Corporation
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 3
360networks (USA) inc.
~- '"..~ ~
Transit Rate Calculation Amendment
to the Interconnection Agreement between
Qwest Corporation
And
360networks (USA) inc.
for the State of Idaho
This is an Amendment ("Amendment" for Transit Rate Calculation 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- T -06-2, Decision No. 29986 ("Agreement"); 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 terms and conditions to calculate the rate for
which CLEC wil pay to Qwest for Transit Traffic, as that term is defined in the Agreement. Such
additional terms and conditions are set forth in Attachment 1 and Exhibit A to this Amendment,
attached hereto and incorporated herein by this reference.
Effective Date
This Amendment is subject to approval by the Commission; however, the Parties agree to
implement the agreed to rates as of June 10, 2008.
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, 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.
June 24, 2008/msd/360networksfTransit Rate Calculation/ID
Amendment to CDS-051219-0002
.. '
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.
:l;r~SA) inc.(i~
Name Pî edlTyp d
Qwest Corporation~
Signature
L. 1. Christensen
Name PrintedlTyped
~\()C
Title
Director - Interconnection Agreements
Title
\l . Llo . O~
Date Date &(?-? h y
June 24, 2008/msd/360networksITransit Rate Calculation/lD
Amendment to CDS-051219-0002 2
.. ,
ATTACHMENT 1
DETERMINATION OF TRANSIT RATE
Qwest and CLEC agree that the following calculation process wil determine the rate for
Transiting Services provided by Qwest under this Agreement. This rate wil supersede and
replace the rate listed in Sections 7.9.1 and 7.9.2 of Exhibit A of the Agreement. Qwest and
CLEC agree to perform the calculation process on an annual basis, from the date that this
Amendment is effective. The initial rate agreed to is based on the formula that follows and is set
forth in Exhibit A. The process for determination of the rate is as follows:
Qwest and CLEC will review the most recent three months' of transiting records between Qwest
and CLEC. All terminating carriers for which more than 200,000 minutes of use ("MOUs")
receive traffic originating from CLEC are determined and all MOUs terminating to those carriers
are then added together ("DS1 Volume MOUs"). The DS1 Volume MOUs are then divided by
the total number of transiting MOUs (the "Blended Ratio").
The Blended Ratio is multiplied by $.0045 and that product is added to the product of (1-
Blended Ratio) multiplied by ($0.0014033 (TELRICJ). This sum will be the new Transit Rate
until the next recalculation.
June 24, 2008/msd/360networksfTransit Rate CalculationllD
Amendment to CDS-051219-0002 3
.Exhibit A
Idaho,.'e'
16$0.0014033
Qwest's Idaho Qwests IdahoAccss Accss
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