20100115Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
Qwest~
Spirit of Service~
Via Overnight delivery
Januar 8, 2010
Jean Jewell, Secretar
Idaho Public Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-08-01
Application for Approval of Amendment to the Interconnection Agreement
Bandwidth.com CLEC, LLC
Dear Ms. Jewell:
Enclosed for filing with ths 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 Commssion
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concernng the enclosed. Thank you for your
assistance in thi~ tte.
,I
SilJ, ,~ceeil\ly, /
''-VJ \.(t i \MauraE.pe~
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Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr(gqwest.com
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2010 JAN 12 PM 2= ll2
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNCTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE- T -08-01
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 approved by the Idaho Public
Utilities Commssion on April 4, 2008 (the "Agreement"). The Amendment with
Bandwidth.com CLEC, LLC ("Bandwidth") 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 voluntar 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
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 1
Amendment for VOIP
Bandwidth.com to interconnect with Qwest facilties 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 not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this Kday of January, 2010.
QwestCo
~fv0(,,~
Adam L. Sh rr ,
Attorney for QWest
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APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 2
Amendment for VOIP
CERTIFICATE OF SERVICE,
i~LtI hereby certify that on this _ day of January, 2010, 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 Utilties Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
JJewell (gpuc.state.id.us
Hand Delivery
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Notices (3/08)
Kade Ross
Chief Operating Offcer
4001 Weston Parkway, Suite 100
Cary, North Carolina 27513
Hand Delivery
U. S. Mail
-- Overnight Delivery
Facsimile
Email
~iVe,
Maura Peterson
Paralegal, Qwest Corporation
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 3
Amendment for VOIP
. Voice over Internet Protocol (VoIP) Amendment
to the Interconnection Agreement between
Qwest Corporation
and
Bandwidth.com ClEC, LLC
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"), a Colorado corporation, and Bandwidth.com CLEC, LLC ("CLEC"), a
Delaware Limited Liability Company. Qwest and CLEC shall be known jointly as the "Parties".
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement"), for service in
the State of Idaho, that was approved by the Commission; and
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 by adding terms, conditions and rates for the exchange of
Voice over Internet Protocol ("VoIP") traffc as defined and set forth in Attachment 1, to this
Amendment, attached hereto and incorporated herein by this reference. The Sections identified
in Attachment 1 have been modified, replaced entirely or are new additions to the Agreement.
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 biling changes within two (2) billng 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
billing changes and the true-up as set forth above, the CLEC's bils 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.
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'
August 25, 2009/msd/Bandwidth,comNoIP/ID
Amendment to CDS-080225-0004 (VoIP Amd v4-22-09)
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.
Bandwidth.com CLEC, LLC
~ri~'Lýi:
Signature
-ni t1 $(æ.dSignature '
Jonathan S. Mitchell
Name PrintedlTyped
L. T. Christensen
Name PrintedlTyped
CEO
Title
Director - Wholesale Contracts
Title
¡¿hrekr I11~' 1. U()~
Date Date
August 25, 2009/msd/Bandwidth.comNoIP/ID
Amendment to CDS-080225-0004 (VoIP Amd v4-22-09)
2
ATTACHMENT 1
Qwests Voice over Internet Protocol (VoIP)
Section 4.0 - DEFINITIONS
"Interconnection" is as described in the Act and refers to the connection between networks
for the purpose of transmission and routing of telephone Exchange Service traffic, IntraLATA
LEC Toll, ISP-Bound traffc, VolP traffic, and Jointly Provided Switched Access traffc.
"VoIP" (Voice over Internet Protocol) traffic is traffc that originates in Internet Protocol at the
end user customer premises using IP-Telephone handsets, end-user customer premises
Internet Protocol (IP) adapters, CPE-based Internet Protocol Telephone (IPT) Management
"plug and play" hardware, IPT application management and monitoring hardware or such
similar equipment and is transmitted over a broadband connection to the VolP provider.
VolP is treated as an Information Service, and is subject to interconnection and
compensation rules and treatment accordingly under this Agreement based on the
supposition that the VolP Provider Point of Presence ("POP") is an end user premise.
Section 7.0 - INTERCONNECTION
7.1.1.2 CLEC is permitted to utilize LIS trunks to terminate VolP traffic under this
Agreement only pursuant to the same rules that apply to traffic from all other
end users, including the requirement that the VolP Provider POP must be in
the same local calling area as the called party. CLEC may not use LIS
trunks solely to exchange VolP traffic. CLEC agrees to allow Qwest to
conduct operational verification audits of those network elements controlled
by CLEC and to work cooperatively with Qwest to conduct an operational
verification audit of any other provider that CLEC used to originate, route and
transport VolP traffc that is delivered to Qwest, as well as to make available
any supporting documentation and records in order to ensure CLEC's
compliance with this definition. Qwest shall have the right to redefine this
traffc as Switched Access in the event of an "operational verification audit
failure". An "operational verification audit failure" is defined as: (a) Qwests
inability to conduct a post-provisioning operational verification audit due to
insuffcient cooperation by CLEC or CLEC's other providers, or (b) a
determination by Qwest in a post-provisioning operational verification audit
that the CLEC or CLEC's end-user customers are not originating calls in a
manner consistent with this definition.
7.1.1.3 Prior to using Local Interconnection Service trunks to terminate VolP traffc,
CLEC certifies that the (a) types of equipment VolPend-users wil use are
consistent with the origination of VolP calls as defined in Section 4 of this
Agreement, and (b) types of configurations that VolP end-users wil use to
originate calls using IP technology are consistent with the configuration as
defined in Section 4 of this Agreement.
7.3.4 Exchange Service (EAS/Local), ISP-Bound and,VolP Traffic
7.3.4.1 CLEC and Qwest will exchange Exchange Service
August 25, 2009/msd/Bandwidth.comNoIP/ID
Amendment to CDS-080225-0004 (VoIP Amd v4-22-09)3
.
(EAS/Local), ISP-Bound and VolP traffic on a Bil and Keep
basis.
7.3.4.2 Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
7.3.4.3
7.3.4.4
7.3.6. Intentionally Left Blank
7.3.6.1 Intentionally Left Blank
August 25, 2009/msd/Bandwidth.comNoIP/ID
Amendment to CDS-080225-0004 (VoIP Amd v4-22-09)
4