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HomeMy WebLinkAbout20070529Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 '(!iq : \:~' CUL:! t, ,. ..,Qwest. Spirit of Service Maura E. Peterson Paralegal Regulatory Law , "\ , l i \:C;I l\i \S~) Via Overnight delivery May 24, 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 Verizon Business Network Services, Inc. (as successor in interest to MCI World com Network Services, Inc.) and its affiliates MCI Communications Services, Inc. and MCImetro 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. assistance in thiS/ er. Sincerely, v()v~U e-~. Maura E. Pete Thank you for your mep Enclosure cc: Service list 0 ,,- . -' ..' . Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, WA 98191 Telephone: (206) 398-2507 Facsimile: (206) 343-4040 Adam.sherr~qwest.com 2CJh,i2S F';; !:S9 UT;~i Llt Ci " '" ;, 68! ' 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") on file with the Idaho Public Utilities Commission under Case No. QWE-06-24 (the "Agreement"). The Amendment with Verizon Business Network Services, Inc. (as successor in interest to MCI Worldcom Network Services Inc.) and its affiliates MCI Communications Services, Inc and MCImetro Access Transmission Services LLC ("Verizon ) 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. APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 MCIMETRO ACCESS TRANSMISSION SERVICES LLC Business Escalation Agreement The purpose of this Agreement is, generally, to improve the business-to-business relations between the parties and agree to resolve business issues through standard escalation processes. Please note that the Agreement addresses a broad array of issues that would be subject to its escalation procedures. Thus, the language of Section 4 in the Agreement, which states that interconnection agreement "disputes" shall still be governed by the dispute resolution terms of the existing interconnection agreement, addresses not all of the matters that could arise between the parties that are within the scope ofthe Agreement. Further, the parties ' business-to-business relationship pertains to Section 251 services as well as other services. For these reasons, Qwest believes that the Agreement reflects changes and additions to its existing interconnection agreement with Verizon and it is appropriate to file this Agreement pursuant to Section 252 filing requirements. This Amendment is consistent with the public interest as identified in the pro-competitive policies of the State ofIdaho , the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Amendment will enable MClmetro 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 ;)r;fL.day of May, 200 /f'/ J,west orp atio ~ r6'r~. APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2 MCIMETRO ACCESS TRANSMISSION SERVICES LLC Business Escalation Agreement CERTIFICATE OF SERVICE I hereby certify that on this 9'::.day of May, 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 i i ewell~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email MCImetro Peter H. Reynolds Verizon Business 2200 1 Loudoun County Parkway Ashburn, VA 20147 Hand Delivery U. S. Mail Overnight Delivery Facsimile APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 MCIMETRO ACCESS TRANSMISSION SERVICES LLC Business Escalation Agreement OS/22/2007 01: 303895 7358 PAGE 01/03 BUSINESS ESCALATION AGREEMENT This Business Escalation Agreement ("Agreement") is entered into this 4th day of April , 2007, by and between Qwest Services Corporation and its affiliates Owest") and Verizon Business Network Services, Inc. (as successor, in interest to MCI WORLDCOM Network Services, Inc.) and its affiliates MCI Communications Services, Inc. and MClmetro Access Transmission Services LLC ("MCI"), , for consideration of the mutual promises herein and other good and valuable consideration. The parties agree to: (1) arrange Executive-Level meetings as necessary between executives of each company to address unresolved and/or anticipated business issues; and (2) establish and fOllOw escalation procedures designed to facilitate and expedite business-to-business dispute solutions. 1. EXECUTIVE-LEVEL MEETINGS The parties agree to continue to attend and participate in executive meetings as necessary, the purpose of which will be to address and discuss issues, open items or disputes, and future business needs. The participants in the meeting will include executives from both companies at the executive director and/or above level. 2. BUSINESS ESCALATION PROCEDURES The parties wish to establish an improved business-to-business relationship and agree that they will attempt to resolve business issues that may arise between them , in accordance with the escalation procedures set forth herein. The parties agree, subject to any subsequent written agreement between the parties, to: (1) utilize the following escalation process and time frames to resolve such disputes; (2) commit the time, r~sources and good faith necessary to meaningful dispute resolution; (3) grant to one another, at the request of the other party, reasonable extensions of time at Levels 1 and 2 of the dispute resolution process to facilitate a business resolution. Level Participants Time frame for discussions LEVEL 1 Directors 15 business days LEVEL 2 Executive Directors 10 business days LEVEL 3 Vice Presidents or Above 5 business days In the event mutually agreeable resolution is not achieved. either party may seek legal, regulatory, or other relief. "..---.".--. -".--.- " .,...m. OS/22/2007 1 : 33PM OS/22/2007 01: 3038%7358 PAGE 02/03 NOTICES Any notice requesting an escalation or meeting pursuant to this Agreement shaH be made in writing and delivered by U.S. mail or facsimile to the following persons: If to Owest: Steve Hansen Vice President - Carrier Relationsth Floor 1801 California Street Denver, Colorado 80202 Wholesale Legal Representative Suite 900 1801 California Street Denver Colorado 80202 If to Yerizon Business: Michael A. Beach Executive Director Carrier Cost Management 6415 Business Center Drive Highlands Ranch, CO 80130 Paul Collins Associate Counsel 22001 Loudoun County Parkway Ashburn , VA, 20147 SCOPE OF AGREEMENT The parties agree that the escalation procedures set forth in this Agreement do not apply to disputes arising under any interconnection agreements ("ICAs between the parties. Such lOA disputes shall be governed by the dispute resolution terms of the ICAs rather than the terms of this Agreement. Notwithstanding the above escalation procedures, the parties expressly reserve the right to pursue legal, regulatory, and/or other reHef at any time before any court, administrative agency, or other body as each party, in its sale discretion, deems appropriate or necessary to protect its interests. In the event either party avails itself of such right to reHef, the other party may, to the extent feasible, accelerate the escalation process so as to reach Level 3' prior to the time at which a responsive filing would be required of that party. In the event either party pursues legal, regulatory, or other relief, both parties agree that they will continue to use this escalation process in an attempt to continue to seek settlement of that dispute and other disputes that may exist at that time or subsequently arise between the parties. ...".-.---.----,.. . -.. -..,.".." ".." ." OS/22/2007 1 : 33PM OS/22/2007 01: 303895 7358 If the parties agree with the terms set forth above , they will each execute a copy of this Agreement in the signature spaces provided on the last page. Upon signature of both parties , the parties will be bound as of the date set forth above by the terms set forth herein , through March 2010. Upon signature of bothparties, this Agreement shall supersede in its entirety a certain Business Escalation Agreement entered into by the parties on February 20, 2004. This Agreement may be executed in counterparts. Qwest Services Corporation and its affiliates Verizon Business Network Servic , Inc. ;!:. :~~-=- Printed Name Michael A. Beach Executive Director Carrier Cost Management Its:V1~ P~-tIPt:"t'Jr ~ .\'i)~WC;' Title - ,,..., ".' OS/22/2007 1 : 33PM PAGE 03/03