20070405Amendment.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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Spirit of Service
Via Overnight delivery
April 3, 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
MClmetro Access Transmission Services LLC
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 in this matter.
Sincerely, ,- - I
Maura E. '
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(f!)q 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 February 1 , 2007 (the "Agreement"). The Amendment with MCImetro
Access Transmission Services LLC ("MCImetro ) 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 ofthis Amendment will enable MCImetro
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page I
MCImetro Access Transmission Services LLC
Amendment Regarding Reciprocal Compensation and Network Interconnection Rates
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 3 (D day of April, 2007.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
MCImetro Access Transmission Services LLC
Amendment Regarding Reciprocal Compensation and Network Interconnection Rates
CERTIFICATE OF SERVICE
I hereby certify that on this day of April, 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(tl2puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
MCImetro
Director-National Carrier Contracts and
Initiatives
Attn: Peter H. Reynolds
Verizon Business 22001 Loudoun County
Parkway
Ashburn, Va 20147
Hand Delivery
---.2L u. S. Mail
Overnight Delivery
Facsimile
MCImetro
Chief Network Counsel
Attn: Robert A. Peterson
1133 19th St N.
Washington DC 20036
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Maura Peters n
Paralegal, Qwes Corporation
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
MCImetro Access Transmission Services LLC
Amendment Regarding Reciprocal Compensation and Network Interconnection Rates
Amendment Regarding Certain Reciprocal Compensation and Network
Interconnection Rates , Terms and Conditions
to the Interconnection Agreement between
Qwest Corporation
and
MClmetro Access Transmission Services LLC
for the State of Idaho
This is an amendment ("Amendment") to incorporate certain reciprocal compensation
and network interconnection rates, terms and conditions into the Agreement between
Qwest Corporation ("Qwest") , formerly known as U S WEST Communications , Inc., a
Colorado corporation , and MClmetro Access Transmission Services LLC ("CLEC"
CLEC and Qwest shall be known jointly as the "Parties.
RECITALS
WHEREAS CLEC and Qwest entered into an interconnection agreement (such
interconnection agreement, as amended to date , being referred to herein as the
Agreement") for services in the state of Idaho which was approved by the Idaho Public
Utilities Commission ("Commission ); and
WHEREAS , that Agreement memorialized certain reciprocal compensation and network
interconnection disputes (the "Disputes ) between the Parties; and
WHEREAS , the Parties wish to amend the Agreement to reflect their settlement of the
Disputes and hereby agree to do so 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 to incorporate the rates , terms and conditions set
forth in Attachment 1 to this Amendment, attached hereto and incorporated herein by
this reference. In addition , the Parties agree that this Amendment terminates and
supersedes in its entirety (1) all conflicting provisions regarding reciprocal compensation
in the Agreement; and (2) the Interim Amendment For Certain Disputed Traffic
originally executed on November 16 , 2004 and filed as an amendment to the
Agreement. The Parties further agree to waive all true up rights they may have under
the Interim Amendment For Certain Di~Duted Traffic.
:-'
II.Conflicts.
In the event of a conflict between this Amendment and the terms and conditions of the
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Agreement, this Amendment shall control.
III.Scope.
This Amendment shall amend, modify and revise the Agreement only to the extent
specifically set forth in Section I of this Amendment. All other terms and provisions of
the Agreement shall remain in full force and effect as specified therein.
IV.Effective Date.
This Amendment shall be deemed effective upon approval by the Commission and shall
be effective for the term of the Agreement, including any applicable renewal or
evergreen" period. The Parties agree to implement the provisions of this Amendment
as of January 1 , 2007
, ("
Effective Date ) including, without limitation, compensating
each other at the Unitary Rate for traffic exchanged from and after the Effective Date in
accordance with Attachment 1. In the event that the Parties enter into a new Section
251/252 interconnection agreement on or before December 31 , 2008 that replaces and
supersedes the Agreement ("Replacement Agreement"), this Amendment shall also be
filed and incorporated into the Replacement Agreement, and shall be effective for the
term of that Replacement Agreement
, '
including any applicable renewal or "evergreen
period.
Further Amendments.
The provisions of this Amendment, including the provisions of this sentence , shall
remain in effect during the term of the Agreement including any renewal or "evergreen
terms, such that if the Agreement remains in effect through any renewal or evergreen
provision, this Amendment shall remain in effect during the same period , and may not
be amended, modified or supplemented , and waivers or consents to departures from
the provisions of this Amendment may not be given, without a written instrument
executed by both Parties' authorized representatives. 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.
VI.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.
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"--
MClmetro Access Transmission
Services LLC
Signature
Peter H. Reynolds
Name PrintedfTyped
Director - National Carrier Contracts ali4d
Initiatives
Title
A/f ? 1--007
Date
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Amd-Recip Comp & Network Interconnection
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Qwest Corporation
-1TU~(~Signature
loT. Christensen
Name PrintedfTyped
Director- Interconnection Aqreements
Title
Date
!e!v7
ATTACHMENT 1
Definitions
Initial PCMF" means the PCMF in effect as of the Effective Date.
Initial RUF" means the RUF in effect as of the Effective Date.
Initial Unitary Rate" means the Unitary Rate in effect as of the Effective Date.
Local Dialing Pattern" means a call for which the originating NPA-NXX and terminating
NPA-NXX are assigned in the Local Exchange Routing Guide to rate centers in
exchanges within the same mandatory local calling area, as defined in Qwest's tariffs as
of the Effective Date (for the purpose of defining exchanges contained within a local
calling area only), or as may be defined by the Commission in an order establishing
mandatory Extended Area Service for one or more exchanges , regardless of the actual
geographic end points of the call , and the term expressly includes, without limitation
ISP-bound calls that involve a "virtual-NXX"serving arrangement.
Local Voice Traffic" means all voice traffic, exchanged by the Parties pursuant to the
Agreement, dialed with a Local Dialing Pattern.
LocaIISP-bound Traffic" means ISP-bound traffic , exchanged by the Parties pursuant
to the Agreement, dialed with a Local Dialing Pattern when the ISP server is physically
located in the local calling area where the call is originated.
PCMF" or "Percent Compensable Minute Factor" means the formula set forth in
Section 3.1 of the Amendment, which the Parties shall use to determine which traffic
exchanged by the Parties pursuant to the Agreement is subject to compensation at the
Unitary Rate.
RUF" or "Relative Use Factor" means ~ach Party s relative use of LIS two-way DTT or
SPOP facilities.
Total Local Dialed Traffic" means the combination of all Local Voice Traffic, LocaiISP-
bound Traffic and Virtual NXX Traffic. For purposes of this Amendment, Total Local
Dialed Traffic shall include only traffic originated on one Party s network that is
terminated on the other Party s network.
Unitary Rate" means a 12-state weighted average rate based upon the ratios of Local
Voice Traffic to Total Local Dialed Traffic and LocallSP-bound Traffic to Total Local
Dialed Traffic and the application of the TELRIC end office and tandem rates by state
as approved by the applicable state commission(s), to Local Voice Traffic and the
application of the FCC's ISP rate of $0.0007 for LocallSP-bound Traffic. For purposes
of this Amendment, the term "12-state" means all states in Qwest's fourteen-state
territory except Colorado and Iowa.
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Virtual NXX Traffic" means traffic, including but not limited to ISP-bound traffic
exchanged by the Parties pursuant to the Agreement, dialed with a Local Dialing
Pattern when the ISP server (or, for non-ISP traffic, the physical end point of the call) is
located outside the local calling area where the call originated.
Compensation
The Parties shall compensate each ot~f'..r for all Total Local Dialed Traffic in accordance
with the terms of this Section 2. '
1 GLEe-Originated Traffic. Qwest shall bill CLEC, in accordance with the billing
provisions of the Agreement, for all GLEe-originated Total Local Dialed Traffic based on
an Initial PCMF of zero percent (0%) at the Initial Unitary Rate of $0.00078651 per
minute. For example, if CLEC originated 50 000 minutes of Total Local Dialed Traffic to
Qwest in a given month, Qwest will bill CLEC an amount equal to 50 000 times zero
percent (0%) times $0.00078651. CLEC shall pay Qwest's invoices in accordance with
the payment provisions of the Agreement.
2 Qwest-Originated Traffic. CLEC shall bill Qwest, in accordance with the billing
provisions of the Agreement, for all Qwest-originated Total Local Dialed Traffic based
on an Initial PCMF of zero percent (0%) at the Initial Unitary Rate of $0.00078651 per
minute. For example, if Qwest originated 50 000 minutes of Total Local Dialed Traffic to
CLEC in a given month , CLEC will bill Qwest an amount equal to 50 000 times zero
percent (0%) times $0.00078651. Qwo,3t shall pay CLEC's invoices in accordance with
the payment provisions of the Agreement.
PCMF
The PCMF is the ratio of: a) the quantity of Local Voice Traffic plus Local
ISP-bound Traffic to b) the quantity of Virtual NXX Traffic plus Local Voice Traffic and
LocallSP-bound Traffic.
Initial PCMF. The Initial PCMFs are set forth in Section 2 and shall remain in
effect for an initial period of one year from the Effective Date , and , unless revised in
accordance with the requirements of Section 3., shall continue in effect for the term of
the Agreement.
Revised PCMF. After the initial one-year period , either Party can request
revisions to the Initial PCMF, based onactual data regarding traffic pattern or network
configuration , to include but not limited to , expansion of ISP servers into local calling
areas by CLEC. At such a request, the Parties will negotiate an amendment to the
Agreement reflecting the revised PCMF ("Revised PCMF"), as applicable based on the
scope of the request. Once negotiations are completed , the Revised PCMF shall be
implemented by the Parties retroactive to the date of the request for revision. That
Revised PCMF will be in effect for a minimum 12-month period after which either Party
may request further revision.
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Unitary Rate.
As set forth in Section 2, the Initial Unitary Rate is $0.00078651 per minute and
shall remain in effect for an initial period of one year from the Effective Date, and
unless revised in accordance with the requirements of Section 4., shall continue in
effect for the term of the Agreement.
Revised Unitary Rate. After the initial one-year period , either Party can request
revisions to the Initial Unitary Rate , based on changes to the ratios of Local Voice
Traffic to Total Local Dialed Traffic and LocallSP-bound Traffic to Total Local Dialed
Traffic. The then current applicable TELRIC end office and/or tandem rates as
approved by the applicable state commission(s) and the then current FCC ISP rate shall
be applied in revising the Initial Unitary Rate. At such a request, the Parties will
negotiate an amendment to the Agreel11ent reflecting the revised Unitary Rate ("Revised
Unitary Rate ), as applicable based on 'the scope of the request. Once negotiations are
completed, the Revised Unitary Rate shall be implemented by the Parties retroactive to
the date of the request for revision. That Revised Unitary Rate will be in effect for a
minimum 12-month period after which either Party may request further revision. The
Parties agree that negotiations for, and implementation of, any Revised Unitary Rate
shall be on a 12-state basis (all states in Qwest's fourteen-state territory except
Colorado and Iowa, excepting any state that moves to a bill-and-keep regime for
reciprocal compensation between the Effective Date and the date of any request for
revisions under this section , provided that the state has adopted a mandatory bill-and-
keep regime for traffic with a Local Dialing Pattern applicable to all telecommunications
carriers).
Relative Use Factors.
RUF. The provider of the LIS two-way DTT or SPOP facility will share the cost of
the LIS two-way DTT or SPOP faCiility with the other Party by applying a RUF
determined pursuant to the requirements of this Section 5. The RUF percentage
reflects the percentage of traffic that is the responsibility of CLEC; the remaining
percentage of traffic (100% minus RUF) is the responsibility of Qwest. The rates
otherwise applicable to the LIS two-way DTT or SPOP facility shall be reduced by the
RUF in effect between the Parties for the billing period in question.
The Initial RUF shall be one hundred percent (100%) and shall remain in
effect for an initial period of one year from the Effective Date, and , unless revised in
accordance with the requirements of Section 5., shall continue in effect for the term of
the Agreement.
After the initial one-year period , if the Initial PCMF (but not the Initial Unitary
Rate) is revised according to Section 3., the Initial RUF shall also be revised to a factor
derived as the quantity of one minus the revised CLEC PCMF (1-CLEC PCMF)
Revised RUF"). Any Revised RUF shall be effective retroactive to the same date as
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the corresponding revised PCMF and shall remain in effect for a minimum 12-month
period until further revised in connection with subsequent revision to the PCMF.
LIS Trunking/SPOP Arrangements.
Total Local Dialed Traffic will be exchanged over LIS trunking facilities, including SPOP
arrangements , ordered pursuant to the terms of the Agreement. No separate trunking
or specialized routing or billing for ISP-tiound traffic (including without limitation Virtual
NXX Traffic) will be required. ISP-bound traffic (including without limitation Virtual NXX
Traffic) may be commingled with Local Voice Traffic on LIS trunking facilities and SPOP
arrangements.
Change of Law.
For a period of two (2) years from the Effective Date, each Party specifically
waives any change-of-Iaw rights under the Agreement or Applicable Law with respect to
subsequent events that may bear on the rights and obligations of the Parties addressed
in this Amendment; provided , however, that if the FCC issues an order of general
application and national scope which expressly establishes compensation mechanisms
for each of Virtual NXX Traffic, Local Voice Traffic and LocallSP-bound Traffic, either
party may invoke change-of-Iaw rights under the Agreement or applicable law.
If any provision of this Amendment is found to be illegal as a result of a final
binding, and non-appealable regulatory or judicial process , then the Parties shall
renegotiate a replacement amendmenfto the Agreement and all other interconnection
agreements between the Parties in other states to replace the unenforceable provision
with an enforceable provision that is mutually acceptable and that reflects the original
intent of the Parties as closely as possible (including a substantially similar economic
outcome for both Parties on a region-wide basis throughout the 14-state region).
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