20100830Amendment.pdf

Owest
1600 7th Avenue. Room 3206
Seattle. Washington 98191
[phone]Facsimile [phone] 2010 AUG 20 AM 9: '3
Maura E. Peterson
Paralegal
Regulatory Law Qwest~
Spirit of Service~
Via Overnight delivery
August 18, 2010
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 matter.
Sincerely,
Maura E. PetersonWLii G: ~
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr (g qwest.com
RECE!\I~:~1
2UllAUG 20 AM 9: '3
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-06-24
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNCTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was filed with the Idaho Public
Utilities Commssion on July 3,2008 (the "Agreement") pending approval. 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 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 Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable McImetro
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Amendment for DC Power Reduction, Restoration and Deactivation
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 voluntar negotiations, it does not raise issues
requiring a hearng and does not concern other paries nota pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this it~y of August, 2010.
Qwest Corporation¡¡ -Adam L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INRCONNCTION AGREEMENT - Page 2
Amendment for DC Power Reduction, Restoration and Deactivation
CERTIFICATE OF SERVICE.rl. .
I hereby certify that on this lL day of August, 2010, 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
P.O. Box 83720'
Boise, Idaho 83720-0074
¡jewell (fpuc.state.id.us
Hand Deli very
U. S. Mail
-- Overnight DelÍvery
Facsimile
Email
Suzanne Amra
CaiTÍer Agreements West
VerizonBusinss (fMCI)
8003 Westpark drive, 306A
McLean, Virginia 22102
_ Hand Delivery
_X_ U. S. Mail
Overnight Delivery
Facsimile
Email
~\
Maura Peterso
Paralegal, Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMNT - Page 3
Amendment for DC Power Reduction, Restoration and Deactivation
DC Power Reduction, Restoration and Deactivation Amendment
to the Interconnection Agreement between
Qwest Corporation and
MClmetro Access Transmission Services LLC
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest", 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 ("Agreement") which
was approved by the Commission on February 1, 2007; and
WHEREAS, the Parties wish to amend the Agreement further under the rates, 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 as set forth in Attachment 1 and Exhibit A, to this
Amendment, attached hereto and incorporated herein by this reference.
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 wil 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 billng 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 biling cycle. The Parties agree that so long as Qwest accurately
implements the biling changes and the true-up as set forth above, the CLEC's bills shall be
deemed accurate and adjusted without error.
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
This Amendment shall be deemed to revise the rates, terms and conditions of the Agreement to
the extent necessary to give effect to the rates, terms and conditions of this Amendment. In the
event of a conflict between the rates, terms and conditions of this Amendment and the rates,
terms and conditions of the Agreement, this Amendment shall govern; provided, however, that
the fact that a rate, term or condition appears in this Amendment but not in the Agreement, or in
June 24, 2010/kcdIMCIMetro/DC Power Measurement AmdllD 1
Amendment to CDS-060830-0001
the Agreement but not in this Amendment, shall not be interpreted as, or deemed grounds for
finding, a conflict for purposes of this sentence.
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 representatives. 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
other prior or subsequent default, misrepresentation, or breach of warranty or covenant
hereunder or affect in any way any rights arising by virtue of any other prior or subsequent such
occurrence.
Entire Agreement
For the period on and after the effective date of this Amendment, the Agreement, as amended
by this Amendment, constitutes the entire agreement between the Parties with regard to the
subject matter of this Amendment and supersedes any prior or contemporaneous agreement,
understanding, or representation, with regard to the subject matter of this Amendment; provided
that, nothing in this Amendment shall abrogate or alter any monetary obligation incurred by
Qwest or CLEC prior to the effective date of this Amendment.
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
Qwest Corporation
~:!--Signature
Peter H Reynolds
Name PrintedlTyped
L. T. Christensen
Name PrintedlTyped
Director - Contract Management
Title
~L'720LODate 7 '
Director - Wholesale Contracts
Title 7/z?iDate
June 24, 2010lkcd/MCIMetro/DC Power Measurement Amd/iD
Amendment to CDS-060830-0001
2
ATTACHMENT 1
1. Section 8.2.1 of the Agreement is amended by adding a new Section
8.2.1.31 as follows:
8.2.1 Terms and Conditions - All Collocation
8.2.1.31 DC Power Reduction, Restoration, and Deactivation.
DC Power Reduction With Reservation allows CLEC to deactivate a secondary
power feed (i.e., reduce the ordered amps on the secondary power feed to zero),
while reserving a fuse or breaker position on the power board or battery
distribution fuse board (BDFB) for that secondary power feed. CLEC will pay a
monthly Power Maintenance Charge to retain the existing power cabling and
fuse/breaker position for the secondary power feed until such time as CLEC
notifies Qwest CLEC wishes to discontinue DC Power Reduction with
Reservation for such secondary power feed (for instance, when CLEC elects to
reactivate such secondary power feed or remove such secondary power feed
from the power distribution point (e.g., BDFB or power board)).
DC Power Reduction Without Reservation allows CLEC to reduce the ordered
amps on a primary or secondary power feed to a minimum of twenty (20) amps.
DC Power Off allows CLEC to deactivate a secondary power feed and remove it
from the power distribution point (e.g., BDFB or power board). A primary power
feed with a minimum of 20 amps must be maintained in each collocation at all
times, with the exception of Adjacent Collocation, Common Area Splitter
Collocation, and ICDF Collocation. Adjacent Collocation, Common Area Splitter
Collocation, and ICDF Collocation do not have a minimum DC power
requirement.
DC Power Restoration allows CLEC to reactivate a power feed that has been
deactivated pursuant to DC Power Reduction With Reservation and to increase
the ordered amps on a power feed for which the ordered amps previously have
been reduced pursuant to DC Power Reduction Without Reservation.
Restoration of DC power is contingent upon availability of the desired power and
fuse/breaker.
8.2.1.31.1 Applications for DC Power
Reduction/Restoration/Deactivation may be submitted only for Collocation
sites that have been completed and accepted by CLEC. For Collocation
sites that have not been completed and accepted by CLEC, CLEC shall
follow change or augment procedures in accordance with this Agreement,
including the applicable rates for changes or augments provided for in this
Agreement. On the Collocation Application, CLEC shall indicate that it is
a request for DC Power Reduction/Restoration/Deactivation and identify
the specific power feeds. Qwest shall notify CLEC of any deficiencies in
the Collocation Application within ten (10) Days of Qwests receipt of theCollocation Application. A quotation for the DC Power
Reduction/Restoration/Deactivation shall be provided to CLEC withinJune 24, 2010/kcd/MCIMetroIDC Power Measurement Amd/iD 3
Amendment to CDS-060830-0001
twenty-five (25) Days of Qwests receipt of the Collocation Application
requesting the DC Power Reduction/Restoration/Deactivation. The
quoted nonrecurring charges shall be honored for thirt (30) Days from
the quotation. CLEC payment of all quoted nonrecurring charges
constitutes acceptance and Qwest shall then perform the work. If CLEC
accepts the quotation within seven (7) Days of CLEC's receipt of the
quotation, Qwest shall complete the DC Power
Reduction/Restoration/Deactivation within ninety (90) Days of receipt of
the Collocation Application. If CLEC accepts the quotation more than
seven (7) Days after CLEC's receipt of the quotation, Qwest shall
complete the DC Power Reduction/Restoration/Deactivation within ninety
(90) Days of receipt of CLEC's acceptance.
8.2.1.31.2 CLEC assumes all responsibility for outages or impacts
to CLEC services and equipment due to the reduction in DC power.
Restoration of the DC power is contingent upon availability of the desired
power and fuse/breaker.
8.2.1.31.3 Before submitting a Collocation Application requesting
DC Power Reduction/RestorationlDeactivation, CLEC's financial
obligations for the Collocation site must be current, with the exception of
formally disputed charges. Billng to CLEC wil be revised to reflect the
reduced/restored/eliminated DC power upon receipt of payment of the
quoted charges effective back to the date of receipt of a complete and
accurate Collocation Application, in accordance with Sections 8.2.1.31.1
and 8.4.1.5 of this Agreement, requesting DC Power
Reduction/Restoration/Deactivation.
8.2.1.31.4 For a power feed and fuse that are subject to DC Power
Reduction with Reservation, if a shortage of fuse positions is imminent,
Qwest shall notify CLEC of the need to exercise its option to reuse the
power feed and fuse, or relinquish the fuse position for use by another
CLEC or Qwest. Upon receipt of such notification, CLEC must request
restoration of the secondary power feed to at least twenty (20) amps or
return the fuse position to Qwest within thirty (30) Days.
2. Section 8.3.1 of the Agreement is amended by deleting existing Section
8.3.1.6 and replacing it with a new Section 8.3.1.6 as follows:
8.3 Rate Elements
8.3.1 Rate Elements - All Collocation
8.3.1.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to
CLEC collocated equipment and is fused at one hundred twenty-five percent
(125%) of the requested capacity. The -48 volt DC Power Usage Charge applies
to the quantity of -48 volt capacity specified by CLEC in its order on a per ampere
(amp) basis. There is a one (1) amp minimum charge for -48 volt DC power
usage.
8.3.1.6.1 Optional -48 Volt DC Power Measurement is available inJune 24, 2010/kcd/MCIMetro/DC Power Measurement AmdIID 4
Amendment to CDS-06083D-0001
accordance with Section 8.2.1.30.
8.3.1.6.2 Power Plant per Amp. Provides plant infrastructure to
support the -48 volt DC power to CLEC collocated equipment. Power
plant is built to support the amount of DC power usage ordered by CLEC
and may be reducedlrestored/deactivated with a power
Reduction/Restoration/Deactivation request.
3. Section 8.3.1 of the Agreement is amended by adding a new Section
8.3.1.18 as follows:
8.3.1.18 DC Power Reduction, Restoration and Deactivation Rates: CLEC wil be
charged the applicable nonrecurring Quote Preparation Fee (QPF) and the DC Power
Reduction or DC Power Restoration fee per Collocation request. Nonrecurring charges
associated with the work required to reduce the fuse or breaker size shall be in
accordance with Exhibit A. When power is restored for a feed for which power was
reduced pursuant to DC Power Reduction Without Reservation, nonrecurring charges
will be assessed on an ICB basis for the work required to restore the power utilizing
standard power rate elements for labor and cabling charges. CLEC wil be charged a
nonrecurring charge on an ICB basis for moves between the battery distribution fuse
board and the power board (for location changes) necessary for DC power
reduction/restoration. If such a move includes rewiring the power lead at the power
source, such ICB non-recurring charge wil include rewiring the power lead at the power
source. When Power is turned off or deactivated on a secondary power feed (Le.,
Power Off, nonrecurring charges wil be assessed for the work required to disconnect
the power feed from the power distribution point. A recurring Power Maintenance
Charge is associated with the option to hold the power infrastructure for a secondary
feed for potential future use by CLEC (DC Power Reduction With Reservation). The
recurring Power Maintenance Charge for a secondary power feed will terminate on the
date CLEC returns the fuse position to Qwest or, if CLEC elects to reactivate the
secondary power feed (DC Power Restoration), the date billng for the secondary power
feed as a reactivated secondary power feed commences pursuant to Section 8.2.1.31.3.
If Qwest is unable to provide the requested power restoration of the held feed(s) due to
exhaustion of power capacity, Qwest wil refund all Power Maintenance Charges
collected since the reservation was accepted.
June 24, 2010/kcdIMCIMetro/DC Power Measurement AmdlID
Amendment to CDS-06083D-0001
5
MClmetro Acc Tranmission Service LLC Exhibit A
Idaho
8.13.1
8.13.2.3
$703.70 B
$494.45 B
$706.91 B
$895.31 B
$621.09 B
$64.59 B
ICB 3
$703.70 B
$494.45 12
$706.91 12
$895.31 12
ICB 12
ICB 3
rates effective Janua 520.
8.132
NOTES:
B
3
12
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