20100423Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
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Maura E. Peterson
Paralegal
Regulatory Law
Qwest~
Spirit of Service~
Via Overnight delivery
April 22, 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 -08-06
Application for Approval of Amendment to the Interconnection Agreement
Eltopia Communications, 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 it' matter.
'v
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr&lqwest.com
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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 -08-06
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 July 2,2008 (the "Agreement"). The Amendment with Eltopia
Communications, LLC ("Eltopia") 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 Eltopia to
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 1
SINGLE POINT OF PRESENCE IN THE LATA AMNDMENT
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 ~y of April, 2010.Q~=
Adam L. Sherr
Attorney for Qwest
~,
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
SINGLE POIN OF PRESENCE IN THE LATA AMNDMENT
CERTIFICATE OF SERVICE
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I hereby certify that on this d-r¿ day of April, 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 Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell &lpuc.state.id.us
Hand Delivery
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Wil MacHugh
Vice President
Eltopia Communications, LLC
2304 Ringold Road Box 240
Eltopia, W A 99330-
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
SINGLE POINT OF PRESENCE IN THE LATA AMNDMENT
Single Point of Presence ("SPOP") in the LATA Amendment
to the Interconnection Agreement between
Qwest Corporation
and
Eltopia Communications, LLC
for the State of Idaho
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2010 APR 23 lUi 9= 4 f
This Amendment ("Amendment") to the Interconnection Agreement between Owest Corporation
("Owest"), a Colorado corporation, and Eltopia Communications, LLC ("CLEC"), a Washington
limited liabilty company. Owest and CLEC shall be known jointly as the "Parties".
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement"), for services
in the State of Idaho, that was approval by the Commission on July 2, 2008; 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 suffciency of
which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
1) This Amendment is made in order to add terms and conditions for Single Point of Presence
("SPOP") in the LATA, as set forth in Attachments 1 and 2, attached hereto and incorporated
herein. Neither Party shall lose any of its rights from the original contract by entering into
this
Amendment for SPOP.
2) The Payment Section 5.4 of the Agreement is also hereby amended by adding the
following Section 5.4.10:
5.4.10 CLEC must not remit payment for the Services with funds obtained
through the American Recovery and Reinvestment Act (or ARRA) or other similar
stimulus grants or loans that would obligate Owest to provide certain information or
perform certain functions unless those functions and obligations are specifically
agreed to by the parties in this Agreement or in an amendment to this Agreement.
Effective Date
This Amendment shall be deemed effective upon the Commission approval, however, the
Parties may agree to implement the provisions of this Amendment upon execution.
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'
March 24, 2010/mms/EItopia/SPOPIID
Amendment to CDS-080508-0001 1
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.
Eltopia Communications, LLC Qwest Corporation
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Authorized Signature. I
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Authorized Signature
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Name PrintedlTyped
L. T. Christensen
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Title
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Title
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Date
3(2-0°
Date
March 24, 2010/mms/Eltopia/SPOP/ID
Amendment to CDS-080508-0001 2
ATTACHMENT 1
Single Point of Presence (SPOP) in the LATA is a Local Interconnection Service (US)
Interconnection trunking option that allows CLEC to establish one physical point of presence in
the LATA in Owests territory. Owest and CLEC may then exchange traffic at the CLEC's SPOP
utilzing trunking as described in Section 1:
1.1 By utilizing SPOP in the LATA, CLEC can deliver both Exchange AccessllntraLATA LEC
Toll and Jointly Provided Switched Access traffic and Exchange Service EAS/Local traffc at
Owests Access Tandem Switches. CLEC can also utilize Owests behind the tandem
infrastructure to terminate traffic to specific end offices. The SPOP is defined as the CLEC's
physical point of presence. This allows for a trunk group from CLEC's POI in one Local Callng
Area (LCA) to be ordered to any Owest local tandem or end office in another LCA which is
otherwise not available, absent this amendment.
1.2 SPOP in the LATA includes an Entrance Facilty (EF), Expanded Interconnect Channel
Termination (EICT), or Mid Span Meet POI and Direct Trunked Transport (OTT) options
available at both a DS1 and DS3 capacity.
1.3 Where CLEC intends to send calls through a Owest tandem to a subtending end offce,
the following conditions apply:
1.3.1 CLEC may interconnect at either the Owest local Tandem Switch or the
Owest Access Tandem Switch for the delivery of Ex.change Service (EAS/local) traffc.
When CLEC is interconnected at the Access Tandem Switch and where there would be,
a DS1's worth of Exchange Service (EAS/local) traffic (512BHCCS) between CLEC's
Switch and those Owest End Office Switches subtending a Owest local Tandem Switch,
CLEC wil order a direct trunk group to
1.3.2 Owest wil allow Interconnection for the exchange of Exchange Service
(EAS/local) traffc at Owests Access Tandem Switch without requiring Interconnection at
the local Tandem Switch, at least in those circumstances when traffic volumes do not
justify direct connection to the local Tandem Switch; and regardless of whether capacity
at the Access Tandem Switch is exhausted or forecasted to exhaust.
1.4 CLEC wil provide notification to all Co-Providers in the local callng areas of CLEC's
change in routing when the CLEC chooses to route its traffic in accordance with Owests SPOP
interconnection trunking.
1.5 Ordering
1.5.1 Prior to ordering, Owest and CLEC wil work together to review CLEC's
network configuration in order to ensure correct and complete ASR ordering.
1.5.2 SPOP in a LATA wil be ordered based upon the standard ordering process
for the type of facilty chosen.
1.5.3 CLEC wil issue ASRs to convert existing access tandem trunk groups to
SPOP trunk groups.
March 24, 2010/mms/EItopia/SPOP/ID
Amendment to CDS-080508-0001 3
1.5.4 In addition, the ASR ordering SPOP trunks wil include SPOP Remarks
"Single POP in LATA" and the SPEC Field must be filed out with the appropriate code.
March 24, 2010/mms/EItopia/SPOPIID
Amendment to CDS-080508-0001 4
,
ATTACHMENT 2
SINGLE POINT OF PRESENCE WAIVER
Owest wil waive the requirement for CLEC to connect to each Owest Access Tandem in the
LATA with this waiver.
CLEC certifies:
That it wil not originate any traffic destined for subtending offices of Owests Access Tandems
for which CLEC seeks a waiver or, if CLEC does originate such traffic, that CLEC will route such
traffic to a Non-Owest network; and CLEC certifies that it has no end users in the serving area
of the Owest Access Tandem for which CLEC seeks a waiver.
CLEC will send an electronic letter to Owest indicating the Owest access tandems subject to
this waiver at the time of ordering trunks required to implement SPOP in the LATA. In addition,
CLEC wil provide a revised electronic letter to Owest advising of any changes in the network
configuration of the aforementioned access tandems. Should CLEC desire to begin serving end
users in the serving area of a Owest access tandem currently under this waiver, CLEC must first
establish trunking to the appropriate Owest access tandem. Additionally, should CLEC desire to
originate traffic destined to a Owest end office subtending a Owest access tandem currently
under this waiver, CLEC must first establish trunking to the appropriate Owest access:tandem.
Should this traffc occur, the Parties agree to meet within forty-five (45) Days ,ofewests
identification of such misrouted traffc to discuss methods for avoiding future misroutingori-that'
trunk group or groups, CLEC wil then have thirty (30) Days from the date of meeting tqcorrect
such misrouting on that trunk group or groups. If further misrouting occurs or continue.safter
that date on the same trunk group or groups as the original misrouting identified, the Parties
agree to meet again within thirty (30) Days of Owests identification of such misrouted traffic to
discuss methods for avoiding future misrouting on that trunk group or groups. CLEC wil then
have thirty (30) Days from the date of meeting to correct such misrouting. If further misrouting
occurs or continues after that date on the same trunk group or groups, Owest will consider this
waiver null and void and all requirements in Attachment 1 or in the existing Agreement currently
in effect between the Parties wil be reinstated. If the Parties disagree about whether the traffic
identified by Owest was actually misrouted, the Parties agree to avail themselves of the dispute
resolution provision of their Agreement.
March 24, 2010/mms/EItopia/SPOP/ID
Amendment to CDS-080508-0001 5