20080917Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile [phone]
RECE\VED
I.'W \1 aM 9;44
U1"I(Rttt emJ~~SION
Maura E. Peterson
Paralegal
Regulatory Law
Qwest~
Spirit of Service™
Via Overnight delivery
September 16, 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-06-24
Application for Approval of Amendment to the Interconnection Agreement
MCImetro Access Transmission Services LLC
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 m tter.
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(gqwest.com
REce"VEO
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNCTION AGREEMENT
fURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE- T -06-24
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 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 Telecommuncations Act of 1996 (the "Act").
Section 252( e )(2) of the Act directs that a state Commission may reject an amendment
reached through voluntay negotiations only if the .C.ommission' finds that: the amendment (or
portion( s) thereof) discriminates against a telecommunications carer not a pary to this
agreement; or the implementatien 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 MCI to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
MCImetro
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest fuer 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 paries not a pary to the negotiations.
Expeditious approval would fuher t~e 2ublic interest.
Respectfully submitted this l1'ay of September, 2008.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
MCImetro
.. .
CERTIFICATE OF SERVICE
I hereby certify that on this t\i~ay of September, 2008, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all paries of record in this matter as follows:
J ean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j j ewell(ipuc.state.id. us
Hand Delivery
U. S. Mail
-. Overnght Delivery
Facsimile
Email
MCImetro
Director National Carer Contracts and
Initiatives
Attn: Peter Reynolds
Verizon Business
22001 Loudoun County Parkway
Ashbur, VA 20147
Hand Delivery
-X U. S. Mail
Overnight Delivery
Facsimile
Email
Maura Peters
Paralegal, Qwest Corporation
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
MCImetro
Originated Toll Free Service Jointly Provided Switched Access ("Biæl"ED
Amendment
to the Interconnection Agreement between ZOOt SEf 7 .AM 9= .i.t.
Qwest Corporation and MClmetro Access Transmission se.rvicib\hbtfu. BUe
for the State of Idaho UTILITIES COMMISSION
This is an amendment ("Amendment") to incorporate certain terms and conditions related to
Originated Toll Free Service JPSA traffic into the Agreement between Qwest Corporation
("Qwest"), a Colorado corporation, and MClmetro Access Transmission Services LLC ("CLEC").
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 February 1, 2007 as
referenced in Docket No.. QWE-T-06-24 ("Agreement"); and
WHEREAS, CLEC offers a tariffed toll free transit service ("Toll Free 8YY Transit Service"); and
WHEREAS, the Parties wish to amend the Agreement to add terms and conditions that wil
permit 8XX Third Party Carriers to route unqueried originated Toll Free Service JPSA traffc to
CLEC for the 8XX database dip, and to route the queried traffic to IXCs served by Qwest as
JPSA traffic via CLEC's LIS trunks.
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 to incorporate the terms and conditions set forth in
Attachment 1 to this Amendment, attached hereto and incorporated herein by this reference.
Effective Date
This Amendment shall be effective upon approval by the Commission and shall be effective for
the term of the Agreement, including any applicable renewal or "evergreen" period
("Amendment Term"). The Parties agree to impleme'nt the provisions of this Amendment upon
execution. During the Amendment Term, so long as CLEC and any 8XX Third Party Carriers
receiving service from CLEC are complying with the terms of this Amendment, Qwest
specifically waives its right to take any regulatory or other action opposing, delaying or
challenging the effectiveness of CLEC's Toll Free 8YV Transit Service, as such Tariff
(Transmittal No. 08-2) was filed on April 11, 2008. Should CLEC file subsequent changes to the
Tariff or a later filed Tariff is not substantially in the same form, Qwest reserves its rights to
contest such Tariff.
June 19, 2008/kcd/MClmetro/ID/CDS-060830-0001
Amendment for Originated 8XX JPSA
. .
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.
Conflicts
In the event of a conflict between this Amendment and the terms and conditions of the
Agreement, this Amendment shall control.
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.
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.
June 19, 2008/kcd/MClmetro/ID/CDS-060830-0001
Amendment for Originated 8XX JPSA
. .
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.
MClmetro Access Transmission
Services LLC.~~Signature ~~r?~d~-Signature
Peter H, Reynolds
Name PrintedlTyped
L. T. Christensen
Name PrintedlTyped
Director - Nationai Carrier Contracts & Agmts
Title
41/2 Za:Date 7
Director - Interconnection Agreements
Title j¡ ,l
~l ßDate
June 19, 2008Ikcd/MClmetro/ID/CDS-060830-0001
Amendment for Originated axx JPSA
RECEIVED
ATTACHMENT 1
2RIlSEP '1 "" 9= t.5Originated Toll Free Service Jointly Provided SwitcheërAccess (J.p.s. ~)
lDAHO PUBLiCDEFINITIONS UTILlTIES COMMlSSION1.
All defined terms used in this Amendment but not defined herein shall have the meaning set
forth in the Agreement.
All defined terms used in this Amendment but not defined herein shall have the meaning set
forth in the Agreement. Any references to, "axx Third Party Carrier" and "wireless
telecommunications providers" in the definitions below shall only apply to the terms and
conditions of this Amendment.
"axx Third Party Carriet' means a wireless telecommunications provider whose originating Toll
Free Service traffic transits CLEC's network and routes the queried traffc to IXCs served by
Qwest as JPSA traffic via CLEC's LIS trunks.
"Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access Services" or "JPSA" refers
to an arrangement whereby two (2) or more LECs (including aLEC, CLEC and axx Third Party
Carrier) receive traffic in the same LATA that the call is to be terminated in or originated from,
and jointly provide Switched Access Service to an Interexchange Carrier, with each LEC
receiving an appropriate share of the revenues from the IXC as defined by their effective
switched Access Tariffs or other contractual arrangements.
"Multiple Exchange Carrier Access Billing" or "MECAB" refers to the document prepared by the
Billng Committee of the Ordering and Billing Forum (OBF), which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry
Solutions (ATIS), The MECAB document, published by ATIS (0401004-0009), contains the
recommended guidelines for the billng of an Access Service provided by two or more
Telecommunications Carriers (including a axx Third Party Carrier, LEC and/or a CLEC), or by
one LEC in two or more states within a single LATA.
"Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services -
Industry Support Interface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under
the auspices of the Carrier Liaison Committee (CLC) of the Allance for Telecommunications
Industry Solutions (ATIS). The MECOD document, published by ATIS (0404120-0006),
contains recommended guidelines for processing orders for Access Service which is to be
provided by two or more Telecommunications Carriers (including a axx Third Party Carrier,
LEC and/or a CLEC).
2. JOINTLY PROVIDED SWITCHED ACCESS SERVICES
2.1 Jointly Provided Switched Access Service is defined and governed by the FCC and
state access Tariffs, Multiple Exchange Carrier Access Biling (MECAB) and Multiple Exchange
Carrier Ordering and Design (MECOD) Guidelines and based on LERG routing, and is not
modified by any provisions of this Agreement. Both Parties agree to comply with such
guidelines. For each axx Third Party Carrier, CLEC wil require that such third party update the
LERG to reflect that CLEC is the "aoo SSP" for the axx Third Party Carrier's Mobile Services
Switching Center (MSC).
June 19, 2008Ikcd/MClmetro/ID/CDS-060830-0001
Amendment for Originated 8XX JPSA
. '..
2.2 Qwest will take the approach as outlined in Section 2.3 to national committees to
determine if documents and processes require updating to specifically address this approach.
Both CLEC and Qwest agree to amend the Agreement to reflect any new industry standards
that conflict with the terms and conditions of this Amendment. '
2.3 CLEC acknowledges axx Third Party Carriers will be set up with Qwest as "Meet Point
Billng" carriers, which means that Qwests billing to IXCs for this traffic is based on Qwest FCC
Access Tariff NO.1, section 2.4.7. CLEC agrees to use commercially reasonable efforts to set
up axx Third Party Carriers as Meet Point Billing carriers with Qwest thirty (30) days prior to the
date such axx Third Party Carrier's originated Toll Free Service JPSA traffic begins transiting
CLEC's network. CLEC wil provide Qwest with an initial list ofaXX Third Party Carrier switch
CLLls and NPAlNXXs homed on such switches. For traffic that terminates to axx Third Party
Carrier via the Type 2 trunks they have with Qwest, it is Qwests position that it is appropriate for
Qwest to implement the proposed BP at 100% Qwest and the route will show only Qwest and
axx Third Party Carrier. Qwest and CLEC understand and agree that CLEC does not play a
role in this traffic and is therefore not concurring in this determination by Qwest. CLEC will
provide Qwest with an initial list of all CLLls associated with CLEC's switches and the Parties
agree to work jointly to validate information associated with the Qwest system updates.
Consistent with the other requirements in the Agreement, CLEC will notify Qwest of any
additional CLEC's NPAlNXXs or switches prior to the exchange of such traffic, so that its
internal systems may be updated. Qwest will notify CLEC when such system update is
complete.
2.4 Qwest will use a proposed Billed Percentage ("BP"), agreed to by the Parties in its
billing tables further outlined below. JPSA routes will be established in Qwests tables as
follows:
2.4.1 For originated Toll Free Service JPSA traffic originated by axx Third Party Carriers,
sent to CLEC then to Qwest via the LIS facilities in place between CLEC and Qwest, the
proposed BP will equal the current BP between Qwest and CLEC and the route wil show only
two parties: CLEC and Qwest. If it is determined later that these routes will be filed in NECA,
this route would then include CLEC as an intermediate carrier although the Qwest BP would be
unchanged,
2.5 Exchange Message Interface (EMI) Category 11 JPSA records will be provided to
Qwest by CLEC for any axx Third Party Carrier's originated Toll Free Service JPSA traffic
exchanged from axx Third Party Carrier's NPAlNXXs to Qwest via CLEC LIS trunks for delivery
to IXCs to ensure such traffic is treated appropriately in Qwests access billing systems, unless
otherwise negotiated by the Parties.
2.6 Qwest agrees to function as the Access Service Coordinator (ASC) as defined
in the Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines. Qwest will provide
the operational, technical and administrative support required in the planning, Provisioning and
maintenance involved in the joint access Provisioning process to the IXCs. Qwest wil not fulfill
the role of ASC if CLEC does not fully comply with MECOD requirements, including filng
CLEC's End Office Switches and BPs in the NECA 4 Tariff.
2.7 Qwest and CLEC wil each prepare and render a separate bil to the IXC in
accordance with its own Tariff or contract for the portion of the service it provides
June 19, 2008/kcd/MClmetro/ID/CDS-060830-0001
Amendment for Originated 8XX JPSA