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HomeMy WebLinkAbout20090422Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 -r-: r'~ ~I .c-,'-.., ~...,., 10n9 ~PR 22 M" 9: 39 Maura E. Peterson Paralegal Regulatory Law Qwest~ Spirit of Service'M Via Overnight delivery April 21, 2009 Jean Jewell, Secretar 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 filing with this Commssion 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 er. Sincerely,~Maura E. Peter mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr(Qqwest.com REI:f 2009 APR 22 AH 9: 39 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORA TION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) CASE NO.: QWE-T-06-24 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commssion 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 Commssion may reject an amendment reached through voluntary negotiations only if the Commssion finds that the amendment (or portiones) thereof) discriminates against a telecommunications carer not a pary 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 Commssion 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 Commssion, the United States Congress, and the Federal Communications Commssion. Expeditious approval of this Amendment wil enable MCImetro APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 1 AMNDMENT FOR DC POWER MEASURMENT to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commssion approve this Amendment without a hearng. Because this Amendment was reached through voluntary negotiations, it does not raise issues requiring a hearng and does not concern other paries not a pary to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this'ÃI*'day of April, 2009.Q~ A amL. err Attorney for Qwest APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2 AMNDMENT FOR DC POWER MEASURMENT CERTIFICATE OF SERVICE I hereby certify that on this 'd1 day of April, 2009, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 jjewell (g puc. state.id.us Hand Delivery U. S. Mail -X Overnight Delivery Facsimile Email MCIMTRO Director--National Carer Contracts and Initiatives Attn: Peter H. Reynolds Verizon Business 22001 Loudoun County Parkway Ashburn, VA 20147 Hand Delivery -- U. S. Mail Overnight Delivery Facsimile Email Maura Peterson Paralegal, Qwest Corporation APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 3 AMNDMENT FOR DC POWER MEASURMENT 6?E -'1-0 b-¡; '- DC Power MeasurementAmendment to the Interconnection Agreement between Qwest Corporation and MCIMetro Access Transmission Services, LLC 2009 APR 22 Ar1 9: 39 for the State of Idaho RE(~E This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and MCIMetro 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 ("Agreement") which was approved by the Commission; and WHEREAS, the Parties wish to amend the Agreement further 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, conditions and rates for DC Power Measurement as set forth in Attachment 1 and Exhibit A, to this Amendment, attached hereto and incorporated herein by this reference. Rates in Exhibit A that are "Under Development" shall be updated upon establishment of a rate. Rates in Exhibit A shall otherwise be updated to reflect legally binding decisions of the Commission and shall be applied on a prospective basis from the effective date of the legally binding Commission decision, unless otherwise ordered by the Commission. 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 wil 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 biling changes within two (2) biling 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 billng cycle. The Parties agree that so long as Qwest implements the biling changes and the true-up as set forth above, the CLEC's bils shall be deemed accurate and adjusted without error. January 15, 2009/kcd/MCIMetro/DC Power Measurement Amd/iD Amendment to CDS-060830-0001 Last updated - 9/17108 - hartl 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. 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 ~igna urePeter H. Reds Qwest Corporation X Signature t- L. T. Christensen Name PrintedIypedName PrintedIyped Dædo TitleAcl2Q2ÇPDat~ ¡ Director - Wholesale Contracts Title 3g~ Date 7 January 15, 2009/kcd/MCIMetro/DC Power Measurement AmdlID Amendment to CDS-060830-0001 Last updated - 9/17/08 - hartl 2 ATTACHMENT 1 ATTACHMENT 1 8.2.1.30 Optional DC Power Measurement. CLEC wil order DC power to meet its needs with a twenty (20) amperes (amp) per feed minimum. If CLEC orders more than sixty (60) amps, Qwest typically terminates such feed on a power board. If CLEC orders sixty (60) amps or less, the power feed typically terminates at a battery distribution fuse board (BDFB). No power measurements are performed at a BDFB. Therefore, for sixty (60) amps or less, the power usage rate is based on CLEC ordered amps. For power feeds of greater than sixty (60) amps terminated at the power board, Qwest will measure usage on a semi-annual basis if CLEC orders Optional DC Power Measurement. Qwest wil also take a reading within thirty (30) Days of a written request by CLEC. Qwest wil perform a maximum of four (4) readings per year for a particular Collocation site. Until the routine semi-annual reading or until such time that Qwest makes a reading based on a written request, Qwest will bil CLEC based on the amount of power ordered. Based on the reading, Qwest wil adjust the new monthly usage rate to CLEC's actual usage rate on a going forward basis. 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