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Home My WebLink About20081117Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-040 RECENED 2098 NOV '1 PM \2: 5ll Maura E. Peterson Paralegal Regulatory Law l J l";, , ~ f'.. IDAHO Pth5~;\'~c:iniJ UTtUT\E.S COMMì'-"¡'Y"Qweste Spirit of Service" Via Overnight delivery November 13,2008 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. QWE-T-08-05 Application for Approval of Amendment to the Interconnection Agreement XO Communications Services, Inc. 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. Thank you for your assistance i If smatter. Lr- mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, W A 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr(Ðqwest.com RECEIVED i009NOV '1 PH '2: 5ll ¡OAt-IO PlJL1QÇ,." ~1 UTiLITiES COMMIO~IOI"l 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-08-05 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 July 3, 2008 (the "Agreement"). The Amendment with XO Communications Services, Inc. ("XO") 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) ofthe Act directs that a state Commission may reject an amendment reached though voluntar negotiations only if the Commission finds that: the amendment (or portiones) thereof) discriminates against a telecommunications carier 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 Commission approve this Amendment expeditiously. ' 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 wil enable XO to APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 XO COMMUICATIONS SERVICES, INC. , . interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest fuher 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 pary to the negotiations. Expeditious approval would fuher the public interest. Respectfully submitted this M-ly of November, 2008.Qw~ Adam L. Sherr Attorney for Qwest -- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 xo COMMUICATIONS SERVICES, INC. , .. CERTIFICATE OF SERVICE I hereby certify that on this I ~day of November, 2008, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all paries 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 jj ewellrßimc.state.id.us Hand Delivery U. S. Mail -. Overnight Delivery Facsimile Email Rex Knowles XO Communcations Services, Inc. 111 East Broadway, Suite 1000 Salt Lake City, UT 84111 Hand Delivery -l u. S. Mail Overnght Delivery Facsimile Email Maura Peterson Paralegal, Qwest Corporation APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 xo COMMICATIONS SERVICES, INC. Collocation Bay Procurement Amendment to the Interconnection Agreement between Qwest Corporation and XO Communications Services, Inc. for the State of Idaho RECEIVED 2008 NOV 11 PH 12: 54 IDAHO PUBLiC UTILITIES COMM!SSION This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and XO Communications Services, Inc. ("CLEC"), a Delaware corporation. 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 July 3, 2008, as referenced in Order/Case No. QWE-T-08-05 ("Agreement"); 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 Section 8.2.3.6 of the Agreement is hereby replaced, in its entirety, with the attached Section 8.2.3.6 terms and conditions for Collocation Bay Procurement, as set forth in Attachment 1, attached hereto and incorporated herein. 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. GLEC 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 billing 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 billing cycle. The Parties agree that so long as Qwest implements the billng 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. 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 October 10, 2008/msdIXO/Collocation Bay ProcurementllD 1 Amendment to CDS-080415-0003 - (from 10-1-08 Template) of warranty or covenant hereunder, whether intentional or not, wíl 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. XO Communications Services, Inc.rz~~ Signature Heather B. Gold Name PrinteSNExt Af Title Date IQII~cA/o~ October 10, 2008/msdIXO/Collocation Bay Procurement/ID Amendment to CDS-080415-U003 - (from 10-1-08 Template) Qw;;~ Signature .. L. T. Christensen Name PrintedlTyped Director -Interconnection Agreements Title Date ¡Vl7L~i I 2 ATTACHMENT 1 Collocation Bay Procurement Section 8.0 "' COLLOCATION 8.2.3 Terms and Conditions - Caged and Cageless Physical Collocation 8.2.3.6 Generally, CLEC owns or leases and is responsible for the installation, maintenance and repair of its equipment located within the physically collocated space leased from Qwest. One exception is the Bay itself. 8.2.3.6.1 This Section allows CLEC to request Qwest to procure and install necessary equipment bay infrastructure for CLEC. CLEC agrees to provide Qwest with all bay specifications needed to procure the proper bay. 8.2.3.6.2 Upon receipt of a complete Collocation Application where the CLEC has requested that Qwest procure and. install the Cage less bay infrastructure, Qwest will review the bay specifications provided on the Application. Within three (3) Days of validation of the application, Qwest will contact CLEC with any questions. 8.2.3.6.3 If Collocation Entrance Facilities and space are available, Qwest will develop a price quotation within twenty-five (25) Days of completion of the feasibilty study. Price quotations wil be honored for thirty (30) Days from the date the quotation is provided. During this period the Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the quoted charges. 8.2,3.6.4 Within thirty (30) Days of receipt of the quotation, CLEC must submit Acceptance with 50% payment of the nonrecurring charges or acknowledge non-Acceptance of the quoted charges. 8.2.3.6.5 Upon receipt of Acceptance and 50% payment of the quoted nonrecurring charges, Qwest will procure and install the equipment bay on behalf of CLEC. The equipment bay installation will be completed with the Standard Installation Intervals listed in the Agreement. 8.2.3.6.6 Upon completion of the Equipment Bay installation, CLEe assumes ownership of the Equipment Bay and is responsible for removal of the bay upon Decommissioning of the site. Equipment includes all CLEC owned electronic equipment, equipment racks, mounting hardware, and CLEC supplied cable (including direct CLEC-to-CLEC cables). October 10, 2008/msdIXO/Collocation Bay Procurement/ID Amendment to CDS-080415-0003 - (from 10-1-08 Template) 3