20080620Petition.pdf

r
Mar S. Hobson
Attorney & Counselor
999 Main, Suite 1108
Boise, il 88702
208-885-8666
3: 0 j
June 20, 2008
VIA HAND DELIVERY
Jean D. Jewell, Secretar
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702-5983
RE: Docket No. QWE- T -08- Ò 7
Dear Ms. Jewell:
Enclosed for fiing with this Commission are an original and seven (7) copies of QWEST
CORPORATION'S PETITION FOR COMMISSION APPROVAL OF NON-IMPAIRED
WIRE CENTER LISTS PURSUANT TO THE TRIENNIAL REVIEW REMAND
ORDER.
If you have any questions, please contact me. Than you for your cooperation in this matter.
Very truly yours,
/4M1i 1-Ú-
Mary s&fobson
Enclosures
Mar S. Hobson (ISB. No. 2142)
999 Main, Suite 1103
Boise, ID 83702
Tel: [phone]
mar.hobson(fqwest.com
1' ¡lJ i
.
Adam L. Sher
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA98191
Tel: [phone]
adam.sher(fqwest.com
Attorneys for Qwest Corporation
BEFORE THE PUBLIC IIDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S PETITION FOR
APPROVAL OF NON-IMPAIRED WIRE
CENTER LISTS PURSUANT TO THE
TRIENNIAL REVIEW REMAND ORDER
Docket No. QWE-T-08- 07
QWEST CORPORATION'S PETITION FOR COMMISSION APPROVAL OF NON;.
IMPAIRED WIRE CENTER LISTS PURSUANT TO THE TRIENNIAL REVIEW
REMAD ORDER
INTRODUCTION AND SUMMY
Qwest Corporation ("Qwest") hereby petitions the Commission to open an investigation
to develop á Commission-approved initial list of non-impaired wire centers, pursuant to the
FCC's Triennial Review Remand Order ("TRRO"),l after party review and discussion of relevant
data, and to.implement a process of updating and approving the lists. Qwest submits that the
Owests Petition for Approval of
Non-impaired Wire Center Lists - 1 -
primar purose of this docket should be to review the number of business lines and fiber-based
collocators in certain Idaho wire centers that meet the non-impairment crteria outlined by the
FCC in its TRRO.
Qwest and several major CLECs ("Joint CLECs")2 who were paries to similar
proceedings in several larger states in Qwests 14-state ILEC region have reached a settlement
agreement ( Attachment A), which sets out procedures to be followed by the paries in dockets of
this kind, including procedures for the protection of confidential information. That settlement
agreement has been adopted by all but one commission.3 With regard to confidential documents,
Qwest and the Joint CLECs in the initial TRRO non-impaired wire center proceedings negotiated
and agreed to a model protective order to be issued by commissions in futue proceedings in
order to allow Qwest to fie confdential wire center information regarding "business line" counts
and the number of "fiber-based collocators" as defined in the TRRo. Because ths Commission's
Rules of Practice and Procedure (See IDAPA 31.01.01.067) provide for the use ofprotective
agreements in lieu of orders issued by the Commission, Qwest offers its proposed protective
agreement (Attachment B), which is based on the model protective order entered in the other
jursdictions that have approved Attachment A. Attachment B is available for signature by Staff
members, or any party who may wish to review the confidential information that wil be
produced in the course of this dQcket.
1 Order on Remand, In the Matter of Review of Unbundled Access to Network Elements,. Review of Section
251 Unbundling Obligations of Incumbent Local Exchange Carriers, CC Docket No. 01-338, WC Docket No. 04-
313 (FCC reI. Febru 4, 2005) (hereafter "TRRO").
2 The Joint CLECs were Covad Communièations Company, Eschelon Telecom, Inc., McLeodUSA
Telecommuncations Servces, Inc.; Integra Telecom and XO Communcations Services, Inc. Integra and Eschelon
have since merged into one company, called Integra.
3 Regulatory commssions of Uta, Oregon, Minnesota, Arzona and Washington have adopted the
settlement agreement. Colorado did not, although a motion for reconsideration of the decision is curently pending.
Owests Petition for Approval ofNon-impaired Wire Center Lists - 2-
Specifically, as described below, Qwest submits that findings from the Commission on
these narow issues relating to business line counts and fiber-based collocators wil facilitate the
efforts of Qwest and the CLECs to . implement the FCC's regulatory framework for unbundled
dedicated transport and high-c~pacity loops set fort in the TRROin Idaho. In addition, Qwest
requests that the Commission issue findings and make determinations on other issues that relate
directly to and wil be affected by the findings on business line count and fiber-based collocator
data. To this end, Qwest believes that most if not all CLECs choosing to interene in this
proceeding wil likely agree with Qwest that the Commission adopt processes consistent with
those outlined in the multi-state settlement agreement that Qwest and cerain CLECs ("Joint
CLECs") entered into in 2007 to resolve certain business line count methodology and related
process issues to implement the TRRO in those other states. Qwests request that the
Commission tak.e action on the issues descrbed in this petition is supported by the FCC's
endorsement in the TRRO ofan ongoing role for state commissions in these matters that relate to
the change oflaw provisions in interconnection agreements between Qwest and CLECsand to
Sections 251 and 252 of the Telecommunications Act of 1996 ("the Act"). See e.g., TRRO,
~~ 233,234.
Qwest respectfully requests that, the Commission promptly schedule a prehearng
conference and establish an expedited process and schedule for addressing these issues. In the
discussion that follows, Qwest explains the need for expedited resolution of these issues and
describes the binding, adjudicatory process it envisions as appropriate to ensure that the
regulatory framework established by the TRRO is implemented expeditiously and with clarty.
Owests Petition for Approvalof
Non-impaired Wire Center Lists - 3 -
BACKGROUND
On ,February 15,2006, a coalition ofCLECs ("the Joint CLECs") submitted a letter to
certain state commissions in Qwest s 14-state ILEC region (primarily those with the greatest
concentration of affected wire centers) requesting proceedings for the purpose of establishing a
list of non-impaired wire centers by deterining the business line counts and numbers of
collocators in wire centers in those states, explainig that these deterinations were necessar to
implement the FCC's rulings in the TRRO relating to unbundled dedicated transport and high-
capacity loops. The commissions docketed these requests. 4
I. The FCC's Impairment Criteria for Dedicated Interoffice Transport and High-
Capacity Loops
The necessity for this proceeding arses from the structual framework the FCC
established in the TRRO for determining whether high-capacity dedicated transport and high-
capacity loops meet the "impairment" requirement for unbundled network elements, ("UNEs")
set forth in Section 251(d)(2)'ofthe Act. The primar significance ofthèse impairment
deterinations is that they dictate whether high-capacity transport and loops qualify as Section
251(c)(3) UNEs that Qwestmust pròvide to CLECs at rates based on the FCC's TELRIC (''total
element long-run incremental cost") pricing methodology or whether they are no longer subject
4 Some or all of the' Joint CLECs were paries to similar Joint CLEC fiings at the state utility reguatory
commissions in Arona (Docket Nos. T -03632A-06-0091, T -03406A-06-009 i, 03267 A-06-0091,T -03432A-06-0091,
T-04302A-06-0091 and T-0105IB-06-0091), Colorado (Docket No. 06M-080T), Minesota (Docket Nos. P-5692,
5340,5643,5323,465, 6422/M-06-21 1), Oregon (docket UM 1251) and Uta (Docket 06-049-40). The
Washington Utilities and Tranporttion Commission (WUTC) investigated Qwests intial non-impaient list in
an existing docket (number UT -053025) established to review the impacts of the TRRO on local competition.
Owests Petition for Approval ofNon-impaired Wire Center Lists - 4-
to Section 251(c)(3) and are governed by the non-TELRIC pricing standard in Sections 201 and
202 of the Communications Act of 1934.5
Under the TRRO framework, CLECs are deemed not to be impaired without access to
DS 1 transport on routes connecting a pair of wire centers where both wire centers contain at least
four fiber-based collocators or at least 38,000 business access lines. TRRO, ~ 126.6 ForDS3
transport and dark fiber transport, there is no impairment on routes connecting a pair of wire
centers where both wire centers contain at least three fiber-based collocators or at least 24,000
business lines. TRRO, ~~ 118, 129, 133.7
The impairment critera for high-capacity loops also are based on a capacity-specific
approach that distinguishes between DSlandDS3capacity. For DSlloops, CLECs are not
impaired in any building within the serice area of a wire center containing 60,000 or more
business lines and four or more fiber-based collocators. TRRO, ~'178. CLECs are not impaired
without access to DS3 loops in any building within the service area of a wire center containing
38,000 or more business lines and four or more fiber-based collocators. TRRO, ~ 174.
5, Under this stadard, rates must not be unjust, unreasonable, or uneasonably discrimiatory..
Responsibilty for administering the Section 201-02 pricing stadad rests with the FCC. See, e.g., Report and Order
and Order on Remand and Furer Notice of Proposed Rulemakg, In the Matter of Review of the Section 251
Unbundling Obligations of Incumbent Local Exchange Carriers; Implementation of the Local Competition
Provisions of the Telecommunications Act of 1996; Deployment of Wire line Services Offering Advanced
Telecommunications Capabilty, CC Dkt. Nos. 01-338, 96-98, 98-147, FCC 03-36 at 664 (FCC reI. Aug. 21, 2003)
("Triennial Review Order' or "TRO"), vacated in part, remaiided in part, u.s. Telecom Ass'n v. FCC, 359 F.3d 554
(D.C. Cir. 2004) ("USTA If').
6 The wie centers meeting these criteria are referred to as "Tier 1 wie centers." They are the wire centers
"with the highest likelihood for actul and potential competitive deployment, including wholesale opportties."
TRRO, ii 111. '
7 The FCC defines wire centers with three or more fiber-based collocators or 24,000 or more business lines
as "Tier 2 wie centers." TRRO, ii i 18. According to the FCC, the presence of thee or more fiber-based collocators
"establishes that multiple carers have overcome the costs of deployment in a wire center, signifyg that substatial
revenues exist in the wie center to justify deployment." Id.
Owests Petition for Approval of
Non':impaired Wire Center Lists - 5 -
II. Qwests Initial Identifcation of Non-Impaired Wire Centers
To implement the FCC's impairment frámework, Qwest undertook a detailed, multi-step
process designed to generate accurate wire center data and to perit CLECs to verify these data.
On February 18, 2005, Qwest responded to a request from the FCC's Wireline Competition
Bureau with a submission designating the wire centers in Qwest' s operating areas as Tier '1, Tier
2, or Tier 3 based on the criteria in the TRRO.8 This submission also identified the wire centers
in Qwests operating areas that meet the non-impairment thresholds for DSI and DS3 loops.9
After providing this information to the FCC, Qwest attempted to develop a cooperative
. process with the CLECs and state commissions to ensure the accuracy of its wire center data.
Under the protection of a nondisclosure agreement, Qwest provided CLECs and state
commission staffs access to the confidential data underlying its Februar 18 submission. These
data included, on a wire center-specific basis, numbers of switched business lines, UNE~P lines,
UNE loops, and fiber collocators. Qwest also provided to each carer upon whose data it relied
in the Februar 18,2005 submission a list ofthe wire centers where, according to Qwests
records and investigation, the carer has fiber-based collocation. These carrers were given the
opportity to review and, if appropriate, contest the accuracy of Qwest s data.
As a further step toward verification, Qwest conducted an additional interal review of
the collocation and line count data used for its February 18, 2005 submission. Based on this
additional review, which included another comprehensive evaluation of collocation arangements
8 A copy of this Februar 18, 2005 letter to the FCC is attched as Attchment C. Because the list of wie
centers that was attached to the original letter is quite voluminous and is not necessar to ths petition, Qwest is not
including that list with Attchment C.
9 Qwest based the counts of switched business access lines on its most recent ARIS R~port 43-08 data,
which were curent as of December 2003. To develop an estimate of the business UN~P lines in each wie center,
Qwest relied on the percentage of white page listigs for each wie center that are business, not residentiaL. Qwest
Owests Petition for Approval ofNon-impaired Wire Center Lists - 6-
in Qwest s wire centers, Qwest refined its list of wire centers. In another submission to the FCC
on July 8, 2005 Qwest provided a revised list of wire centers.l0 Qwest continued reviewing its
wire center data after this submission, leading to a third submission on August 18, 2005 that
made minor corrections to the wire center data. 11 .
III. State Commission Proceedings in Other States
Thereafter; in Februar 2006, the Joint CLECs requested varous state commissions to
open proceedings to investigate these issues and to determine and establish line counts and
numbers of collocators in Qwest wire centers, and Qwest agreed to such requests. NeitherQwest
nor the Joint CLECs filed any petition in Idaho. 12 These commissions apened dockets to
investigate these issues, which included evidentiary hearngs, post-hearng briefs and
. commission orders regarding these issues.
IV. Settlement Agreement Approved By Other State Commssions
In 2007, Qwest and the Joint CLECs negotiated and executed a comprehensive multi.,
state settlemèht agreement in the TRRO wire center dockets addressing all issues in the TRRO
wire center dockets pending in Arizona, Colorado, Minnesota, Oregon, Utah and Washington. 13
Qwest filed the multi -state settlement agreement in all of those states, along with its petitions for
determined the number of collocation arangements that meet the TRRO's defintion of "fiber-based collocatot'
based on biling data that were curent as of Febru 2005 and physical inspections of wie centers.
i 0 A copy of this July 8, 2005 letter to the FCC is attched hereto as Attchment D. Qwest is not including
the list of wie centers that was provided with the original submission because tht list is volumous and is not
necessar to ths petition.
11 This thd sùbmission to the FCC, on August 18,2005, is attched as Attclùent E. Qwest is not
including the list of wie centers that was provided with the original submission because that list is volumous and
is not necessar to ths petition.
12 Neverteless, Qwest's FCC filing of August 18,2005 (See Attchment E to ths petition) listed the
Boise Main and Boise West wire centers as Tier i and Tier 2 respectively. Qwest's decision as to where to fie its
state petitions was based on the number wire centers that met a TRRO non-impaired wie center criterion in the state
and how it could best conserve regulatory resources.
13 For a list of the state regulatory dockets in these wie center cases, see footnote 4 above.
Owests Petition for Approval ofNon-impaired Wire Center Lists - 7 -
approval of its 2007 additions to the non-impaired wire center list in those states. All but one of
these commissions (Colorado) later adopted the settlement agreement in 2007 and 2008,14 A
copy of the paries' multi-state settlement agreement is attached as Attachment A.
In the multi-state settlement agreement the paries agreed that Qwest may request the
addition of non-impaired wire centers based in whole or in par upon line counts at any time up
to July 1st of each year, based on prior year line count data, and using an agreed-upon
methodology. 15 The parties to the multi-state settlement agreement also agreed that at leastfive
(5) business days prior to filing new non-impairment or tier designations for commission review,
Qwest wil request a protective order from the commission to gover the handling of
confidential information during this new non-impairment proceeding. The paries also agreed to
seek,from the commission approval of a standing protective order, which is a new protective
order, based on an agreed-upon model protective order. Qwest is not bound by the multi-state
settlement agreement in Idaho and since this Commission does not enter protective orders but
instead encourages the paries to ,enter protective agreements for the protection of confidential
information, Qwest is attaching a proposed protective agreement as Attachment B to this
petition.
v. Qwest's Request for Approval of Non-impaired Wire Center List in Idaho.
As mentioned, Qwest did not file a petition for approval of its non-impaired wire center
list before this Commission in 2006, when it was involved in the wire center proceedings in the
other states. However, Qwest is nQw filing.its petition for such approval of the wire centers
14 See footnote3, above.
15 With respect to fiber-based collocators, Qwest may request the addition of non-impaired wire centers to
the Commission-approved wie center list at any time based on the number offiber-based collocators.
Owest's Petition for Approval ofNon-impaired Wire Center Lists - 8 -
identified below in this petition.l6 Consistent with this process and the requirements of the initial
TRRO Order and the multi-state settlement agreement, Qwest intends to file with this
Commission, on Friday, June 27, 2008, the data supporting its list of non-impaired wire centers
in Idaho, along with a request for Commission approval of the list.
Alteratively, if this Commission does not approve Qwests non-impaired wire center list
using the process agreed to by the parties in the multi-state settlement agreement, then Qwest
requests that the Commission fully investigate these wire center data issues, and any related
issues that the Commission may deem appropriate. Regardless of the approach the Commission
takes, and assuming that the Commission has issued the requested protective order described
above by June 27,2008, Qwest wil also provide the data supporting the updated list to all
CLECs that have signed the protective agreement.
To facilitate this process and tobe consistent with the requirement in the settlement
agreement that Qwest seek Commission approval of a protective order at least five (5) business
days prior to fiing changes to the list, Qwest wil fie its confidential wire center data under seal
and request that it not be released to any pary without proof of their execution of the protective
. agreement contained in Attachment B. Staff and CLEC representatives that sign the protective
agreement may begin reviewing the confidential wire center data promptly after Qwest files the
data on June 27,2008.
The wire centers that Qwest is seeking approval for its list of non-impaired wire centers
in Idaho based on the confidential data that it will file on June 27, 2008 are as follows:
16 These wie centers have been on the non-impaied wire center list since 2005, and will contiue to be on
the list, based on Qwests original 2003 ARIS data supporting those non-impairent determations.
Owests Petition for Approval of
Non-impaired Wire Center Lists - 9 -
WIRE CENTER CLLI TIER NON-IMPAIRMENT FOR
Idaho Boise Main BOISIDMA Tier "1 DSI and DS3 Transport and
Dark Fiber
Tier 2 DS3 Transport and Dark FiberIdahoBoise West BOISIDWE
VI. Reasons for Opening an Investigation if the Commission does not choose to use
processes consistent with the Multi-state Settlement Agreement
In the event the Commission determines not to use processes and procedures consistent
with the multi-state settlement agreement, then Qwest respectfully requests that the Commission
open an investigation to fully explore these issues. If the Commission does so, Qwest
respectfully requests the Commission address the following issues.
A. The Commission Should Conduct an Expedited Adjudicatory Proceeding
Ifthe Commission does not decide to adopt the processes agreed to by Qwest andthe
Joint CLECs in the multi-state settlement agreement, and therefore opens a full investigation of
these issues, Qwest respectfully submits the Commission should conduct an expedited
proceeding to review and establish wire center line counts and numbers of fiber collocators per
wire center. In the discussion that follows, Qwest describes the framework it asks the
Commission to adopt for the proceeding to ensure that all necessary issues are resolved
expeditiously and with the certainty required for Qwest and CLECs to implement the TRRO as
the FCC intended.
1. The proceeding must be binding on Qwest and all CLECs in the state. Qwest
believes that the proceeding should be binding on every registered local exchange carrer in the
state, including those that receive notice of the proceeding but choose not to participate. Unless
the Commission resolves the wire center counts and related issues though binding rulings,
Owests Petition for Approval of
Non-impaired Wire Center Lists - 10 -
implementation ofthe TRRO wil be delayed and time-consuming and costly disputes wil be
likely. Moreover, it would be a highy ineffcient use of the Commission's and the parties'
resources to conduct a non-binding proceeding with rulings that any dissatisfied pary could elect
to ignore.
In addìtion, to maximize the efficiency of the proceeding and to eliminate futue disputes,
the Commission should provide notice of the proceeding to all local exchange carers registered
in the state, not just the carers with which Qwest has interconnection agreements. The notice
should state expressly that the proceeding is binding on all registered local exchange carrers.
2. The proceeding should be expedited. To avoid any delays in implementing the
TRRO,Qwest asks the Commission to expedite resolution of the issues described in this petition.
As part of this expedited approach, Qwest asks the Commission at its initial prehearing
conference to schedule an adjudicatory hearng as soon as possible.
3. The Commission should conduct an adjudicatory proceeding. Because the issues
involving the number of business lines and fiber-based collocators are generally factual in nature,
the Commission should conduct an adjudicatory proceeding. Qwest proposes a proceeding
under which it would present an opening round of testimony containing wire center data for line.
counts and fiber collocators, followed by the CLECspresenting response testimony indicating if
they have a good faith basis for contesting Qwests data. If the CLECs take the position they
have such a good faith basis, they would offer data of their evidence responding to Qwest's data.
Qwest would then submit reply testimony addressing any CLECs challenges to Qwests data.
Though this process, Qwest expects that the parties could significantly limit åny disagreements
concerng the wire center data. More important, an adjudicatory proceeding wil result in a
definitive deterination by the Commission concering the business line counts and numbers of
Owests Petition for Approval of
Non-impaired Wire Center Lists - 11 -
fiber collocators in wire centers and wil thereby give Qwest and the CLECs the cerainty they
need going forward.
4. The Commission should adopt procedures to protect confidential informtion. As
stated" because this proceeding wil involve large amounts of confidential information, the
Commission should adopt appropriate procedures to protect the confidentiality of that
information. In paricular, confidentiality protection is needd for the types ofCLEC-specific
data that Qwest must file and produce to intervening CLECs. "Qwest suggests that prior to or
durig the initial procedural conference, all interested paries should discuss and attempt to agree
upon an appropriate protective agreement. Since Qwest and the Joint CLECs in other
proceedings have already agreed to a model protective order as par of their settlement agreement
in other states, if a full investigation is required before this C()mmission, Qwest believes that the
paries wil be able to agree to a form of a protective agreement that is based on that model order
in a relatively a short time.
B. In addition to determiations relatig to wire center data, the Commission
should resolve other issues that wil be affected by those determinations
The Commission's resolution ofthe wire center data issues is essentially a counting
exercise, with the Commission being asked to review data and determine the number of business
lines and fiber-based collocators in wire centers. Qwest is not asking the Commission to make
any impairment deterinations relating to high-capacity transport and loops, as the D.C.
Circuit's decision in USTA II establishes that the FCC alone has authority to make those
deterinations. See USTA 11,359 F.3d at 568. However, application of the FCC's TRRO
crtera to the line counts and collocator counts the Commission , adopts wil perit Qwest and
the CLECs tomake their own wire center-specific impairment deterinations, consistent with
the FCC's expectation that the TRRO would be largely self-effectuating. See, e.g., TRRO,
Owest's Petition for Approval of
Non-impaired Wire Center Lists - 12 -
ir 233,234. In addition to changing the rates that wil govern CLEC purchases of high-capacity
transport and loops, a determination that there is no impairment in a parcular wire center where
a CLEC is purchasing one of these network elements wil trgger at least two other issues relating
to the conversion of the element from a Section 251 UNE to anon-251 element. The
Commission should address these issues as part of this proceeding.
First, ifthe Commission ultimately does not adopt processes and procedures consistent
with those contained in the multi-state settlement agreement between Qwest and the Joint
CLECs, the Commission should confirm Qwest's right to assess a nonrecurrng charge (NRC) at
applicable price-listed rates for converting impacted high-capacity loop and transport facilities in
non-impaired wire centers to alterative products. Qwest incurs costs in convering UNE
transport or high-capacity loops to alterative facilities or arangements, and, accordingly, it
should be permitted to assess an appropriate charge. Multiple CLECs have implicitly recognzed
Qwest's right to assess this charge, as evidenced by their decisions to enter into amendments to
their interconnection agreements containing the charge. Qwest also notes that Qwestand the
Joint CLECs agreed to an NRC for conversion activity in their settlement agreement in other
states.
Second, if the Commission does not ultimately adopt processes and procedures consistent
with those contained in the multi-state settlement agreement between, the Commission should
address the process for futue updates of Qwest's list of non-impaired wire centers. This process
should be streamlined and efficient. Again, the settlement agreement descrbes a: process that
Qwest believes is streamlined and effcient, and which is consistent with the FCC's directive that
carriers implement that framework expeditiously and in a self-executing maner.
Owest's Petition for Approval of
Non-impaired Wire Center Lists - 13 -
Thus, if the Commission does not ultimately adopt processes and procedures consistent
with those contained in the multi-state settlement agreement, the Commission should require
Qwest to provide notice to the CLECs of additions to the list of non-impaired wire centers and, if
the CLECs seek additional information, should direct Qwest to provide the CLECs with the
methodology by which Qwest deterined that a wire center meets the TRRO's non-impairment
critera relating to numbers of business lines and fiber collocators. The CLECs should thereafter
be given 90 days to transition DSI and DS3 UNEs (180 days for impacted Dark Fiber facilties)
to an alternative serice.
At the prehearng conference, the Commission should direct the paries to propose a
streamlined process in their testimony - similar to that descrbed here -- that wil gover changes
to the list of non-impaired wire center.
CONCLUSION
For the reasons stated, Qwest respectfully requests that the Commission conduct an
investigation to address the issues descrbed herein on an expedited basis.
Dated: June 20, 2008
Respectfully submitted,
Mar S. bson (ISB. No. 2142)
999 Main. Suite 1103
Boise,ID 83702
Adam L. Sher
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, W A 98191
Attorneys for Qwest Corporation
Owest's Petition for Approval of
Non-impaired Wire Center Lists - 14-
MULTI-STATE
SETTLEMENT AGREEMENT REGARING
WIRE CENTER DESIGNATIONS AN RELATED ISSUES
This Multi-State Settlement Agreement ("Settlement Agreement") is entered into between Qwest
Corporation ("Qwest") and Covad Communications Company and DæCA Communications, Inc.
(collectively "Covad"), Eschelon Telecom, Inc. ("Eschelon"), Integra Telecom Holdings, Inc.
("Integra"), McLeodUSA Telecommunications Services, Inc. ("McLeodUSA"), Onvoy,
POPP.Com ("POPP"), US Link, Inc. d/b/a TDS Metrocom, Inc. ("TDSM"), and XO
Communications Services, Inc. ("XO"). Qwest and each CLEC are referred to separately as a
"Part" or collectively as the "Paries."
I. INTRODUCTION
WHEREAS, the Federal Communications Commission ("FCC") issued its Report and
Order, In the Matter of Review of the Section 251 Unbundling Obligations of Incumbent Local
Exchange Carriers; Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capabilty, CC Docket Nos. 01-338, 96-98 and 98-147 (effective October 2,
2003) (''TRO''); and, on February 4, 2005, the FCC released the Review of the Section 251
Unbundling Obligations of Incumbent Local Exchange Carriers, Order on Remand (effective
March 1 i, 2005)(Triennial Review Remand Order) (FCC 04-290) ("TRRO");
WHEREAS, on February 15, 2006, some or all of the Joint CLECs fied requests with the
state Commissions in Arzona, Colorado, Minnesota, Oregon, and Utah asking that the state
Commissions, in accordance with the TRRO, develop and approve a list of Non-Impaired Wire
Centers and a process for future updates ofthe wire center list;
WHEREAS, the aforementioned state Commissions opened the following dockets in
response to these fiings: Arzona (Docket Nos.T-03632A-06-0091; T-03267A-06-0091; T-
04302A-06-0091; T-03406A-06-0091; T-03432A-06-0091; and T-OI05IB-06-0091), Colorado
(Docket No. 06M-080T), Minnesota (Docket Nos. P-5692, 5340, 5643, 5323, 465, 6422/M-06-
211), Oregon (Docket No. UM 1251), and Utah (Docket No. 06-049-40);
WHEREAS, the Washington Utilities and Transporttion Commission (WUe)
Attachment A Page 1 of 18
investigated Qwests initial non-impairment list.in an existing docket (number UT-053025)
established to review the impacts of the TRRO on 10cal competition.
WHEREAS, on March 3, 2006, Qwest also petitioned for a Commission investigation
and expedited proceeding to verify Qwest wire center data, address the nonrecurng conversion
charge, establish a process for future updates of the wire center list, address related issues, and
bind all CLECs.
WHEREAS, the Joint CLECs and Qwest have reached resolution of their disputes.
Because of the multi-state natue of these issues, the Paries have determined that it is in their
mutual interest to effect a multi-state settlement of issues.
THEREFORE, the Paries agree to the following resolution of issues:
II. DEFINITIONS
"Commission" for Arzona means the Arzona Corporation Commission or any successor state
agency.
"Commission" for Colorado means the Colorado Public Utilities Commission or any successor
state agency.
"Commssion" for Minnesota means the Minnesota Public Utilties Commission or any successor
state agency.
"Commission" for Oregon means the Public Utility Commission of Oregon or any successor
state agency.
"Commission" for Utah means the Utah Public Service Commission or any successor state
agency.
"Commission" for Washington means the Washington Utilities and Transportation Commission
or any successor state agency.
"Commission-Approved Wire Center List" is Attachment A to this Settlement Agreement, as
Page 2 of 18
may be updated by the Commission, as described in Section V of this Settlement Agreement.
"Effective Date of ths Settlement Agreement" is the effective date of the Commission order
approving ths Settlement Agreement.
"Effective Date of Non-Impairment Designation" is the date on which the non-impairent
designation begins as specified in ths Settlement Agreement at Section III(B) for the Intial
Commission-Approved Wire Center List and as later determined pursuant to Section VI (F) for
futue non-impairment designations identified in a Commssion-Approved Wire Center List.
"Filing Date" is the date on which Qwest submits its non-impairment or tier designation filing,
with supporting data, as described in Section VI of this Settlement Agreement, to the
Commission for review and provides the Commission and CLECs that, as of that date, have
signed the applicable protective order/agreement (or are subject to a standing protective order).
If Qwest provides the data to the Commission and Joint CLECs on different dates, the Filing
Date shall be the later of the two dates.
"Initial Commssion-Approved Wire Center List" is Attachment A to this Settlement Agreement
as of the Effective Date of this Settlement Agreement.
"Joint CLECs" refers collectively to Covad Communcations Company ("Covad"), Eschelon
Telecom, Inc. ("Eschelon"), Integra Telecom Holdings, Inc. ("Integra"), McLeodUSA
Telecommunications Serces, Inc. ("McLeodUSA"), Onvoy, POPP .Com ("POPP"), US Lin,
Inc. d//a TDS Metrocom ("TDSM"), and XO Communications Services, Inc. ("XO").
"Non-Impaired Facilities" are those network elements identified in an applicable FCC order as
no longer available as unbundled network elements ("UNEs") under 47 U.S.C. § 251(c)(3) based
on non-impairment or tier designations and that have been reviewed and approved by a
Commission using the process and methodology set forth in Section IV of this Settlement
Agreement.
''Non-Impaired Wire Center" is a Wire Center that the Commission fids meets the loop
thesholds identified in CFR 47 §5L.319(a)(4)(i) for DSI Loops, or the loop thesholds identified
in CFR 47 §51.319(a)(5)(i) for DS3 Loops, or the Tier 1 or Tier 2 Wire Centers designations as
defied in §51.319( e )(3) and that is identified on a Commssion-Approved Wire Center List.
Page 3 of18
"Paries" refers collectively to Qwest Corporation and the Joint CLECs.
"Qwest" refers to "Qwest Corporation."
"Wire Center" For puroses of this Settlement Agreement, a Wire Center is the location of a
Qwest local switching facility containing one or more Central Offices as defined in the Appendix
to par 36 of chapter 1 of Title 47 of the Code of Federal Regulations. The Wire Center
boundares define the area in which all customers served by a given Wire Center are 10cated.
III. INITIAL COMMISSION-APPROVED WIRE CENTER LIST
Notwthstanding anytng that may be to the contrar in the Definitions set fort in
Section I and the Methodology set forth in Section V of this Settlement Agreement, the Paries
agree the Qwest Wire Centers listed in AttachIent A qualify as Non-Impaied Wire Centers at
the tier levels and for the facilities noted on AttachIent A.
For Wire Centers identified in AttachIent A, the Paries agree as follows:
A. The Joint CLECs agree that, upon the Effective Date of ths Settlement
Agreement, they wil not order Non-Impaired Facilties identified in the Intial
Commission-Approved Wire Center List. An order approving this Settlement
Agreement is, and wil also be recogned by the Paries as, an order approving
the non-impairent or tier designations identified in the Intial Commssion-
Approved Wire Center List.
B. The Effective Date of Non-Impairment Designations contained in the Initial
Commssion-Approved Wire Center List is March 11, 2005, with the following
exceptions:
1. July 8, 2005: The Effective Date of Non-Impairment Designations filed
in 2005 after Qwest's initial Februar 18, 2005 filing and identified in the
final column of AttachIent A shall be July 8,2005.
2. Thirty (30) Days After the Effective Date of this Settlement
Agreement: The Effective Date of Non-Impairment Designations for the
Page 4 of 18
Denver East and Colorado Springs Main Wire Centers shall be 30 days
following the Effective Date of this Settlement Agreement.
iv. NON-RECURRNG CHARGE FOR CONVRSIONS USING THE INITIA
WIRE CENTER LIST AN FOR FUTURE 'COMMISSION-APPROVED
ADDITIONS TO THAT LIST
A. ~est will, for at least three (3) years from the Effective Date of this Settlement
Agreement, assess an effective net non-recurng charge of $25 for each facilty
converted from a UN to an alternative servce or product under ths Settlement
Agreement. Qwest may assess a non-recurg conversion charge in excess of
$25 so 10ng as Qwest provides a c1early identified lump sum credit withn thee
(3) biling cycles that results in an effective net non-recurng charge of $25. No
additional non-recurng charges apply, other than ass non-recurng charges if
applicable. Qwest shall not impose any recurng or nomecurng OSS charges
unless and until the Commission authorizes Qwest to impose such charges and/or
approves applicable rates at the completion of appropriate cost docket
proceedings.
B. For purposes of settlement, Qwest wil provide a clearly identified lump-sum
credit of $25 per converted facility to those CLECs that have (1) converted Non-
Impaired Facilities to a Qwest alternative serce before the Effective Date of this
Settlement Agreement pursuat to the TRRO and (2) paid a $50 non-recurng
conversion charge. In the event a CLEC has, prior to the Effective Date of this
Settlement Agreement, disconnected a convered circuit and, as a result that
circuit is no longer in serce as of the Effective Date of this Settlement
Agreement, Qwest will include that disconnected circuit in the lump-sum credit
described above if the CLEC provides: (1) the circuit ID of the disconnected
circuit; (2) the BAN number on which the disconnected circuit was biled; and (3)
the BAN number to which the CLEC would like the credit applied. Once the
CLEC has provided this information, Qwest will provide the reimbursement
credit as set forth herein. A CLEC will not be required to provide a copy of the
disconnection order as a condition of including the disconnected circuit in the
lump sum credit provided under ths Paragraph.
Page 5 of 18
C. The Pares may disagree as to the amount of the applicable non-recurng charge
after three years from the Effective Date of this Settlement Agreement, and each
Pary reserves all of its rights with respect to the amount of charges after that date.
Nothg in ths Settlement Agreement precludes a Party from addressing the non-
recurg charge after three years from the Effective Date of this Setlement
Agreement. A different non-recurg charge will apply only to the extent
authorized by an applicable regulatory authority, or agreed upon by the Paries.
v. METHODOLOGY
Non-Impaired Facilities, non-impairment or tier designations wil be determined using
the following methodology:
A. Business Lines - Business lines shall be counted as follows:
1. Qwest retail business lines shall be deterined using the most recently
fied unadjusted ARIS data reported to the FCC. For puroses of future
non-impairment designations, Qwest shall follow FCC ARS
instrctions and wil record and count retail business lines in precisely the
same manner as business access line data is tracked and recorded in the
Wire Center level data Qwest uses to develop its statewide ARIS 43-08
reports filed anually with the FCC, without makng any inter-wire center
adjustments to this data and without including the same lines in more than
one of the categories listed in paragraphs (2) - (4) of this Section V(A).
2. UN 100ps connected to a Wire Center where DS 1 & DS3 unbundled
100ps and DS 1 & DS3 Enhanced Extended Loops ("EEL") are provided to
CLECs shall be counted at full capacity (i.e., DSls wil be counted as 24
business lines and DS3s wil counted as 672 business lines).
3. Only Business UN-P lines wil be counted for the Commssion-
Approved Wire Center List. Business UN-P lines shall be derived by
subtracting the count of listings associated with residential UN-P from
the total number ofUN-P lines.
Page 6 of18
4. Qwest Platform Plus ("QPP"), Qwest Local Serces Platform ("QLSP"),
and other similar platform product offerigs shall be calculated using
actual business line counts for these services.
B. Collocation -
1. A fiber-based collocator is defined as any carer, unaffiliated with the
incumbent LEC (Qwest), that maintains a collocation arrangement in an
incumbent LEC (Qwest) Wire Center, with active electrcal power supply,
and operates a fiber-optic cable or comparable trsmission facility that:
a. terinates at a collocation arangement within the Wire Center;
b. leaves the incumbent LEC's (Qwests) Wire Center premises; and
c. is owned by a par other than the incumbent LEC (Qwest) or any
affliate of the incumbent LEC (Qwest), except as set fort in this
definition. Dark fiber obtained from an incumbent LEC (Qwest)
on an indefeasible right of use basis shall be treated as non-
incumbent LEC (non-Qwest) fiber-optic cable. Two or more
affliated fiber-based collocators in a single Wire Center shall
collectively be counted as a single fiber-based collocator. For the
puroses of this definition, "afliate" is defined by 47 U.s.C.
§153(1) and any relevant interpretation in that title.
2. Before classifying a carrier as a fiber-based collocator in a Qwest fiing
request pursuant to Section VI for Commission approval of a non-
impaired designation, Qwest wil:
a. Confirm that the carer meets the criteria contained in the
definition of fiber-based col1ocator in 47 C.F.R. § 51.5 (as
reflected in paragraph B(1) and subpars above);
b. Conduct a field visit to verify and document the above (2.a.)
critera; and
Page 7 of 18
c. Validate the criteria against the most recent order and/or biling
data.
3. Express fiber will be counted as a fuctional fiber facilty for purposes of
identifyng a fiber-based collocator, if it meets the definition of fiber-
based collocator in 47 C.F.R. §51.5 (as reflected in pargraph B(1) and
subpars above). The Joint CLECs agree not to raise the lack of Qwest-
provided power when there is traffc over the express fiber as the sole
basis to dispute whether express fiber can be counted as a functional fiber
facility for puroses of identifyng a fiber-based collocator. For the
purose of this Settlement Agreement, "express fiber" means a CLEC-
owned fiber placed to the collocation by Qwest that terminates at CLEC-
owned equipment in a collocation and, draws power from a remote
10cation.
4. Before filing a request pursuant to Section VI for Commission approval of
a non-impairment designation, Qwest will send a letter by certified U.S.
mail, retu receipt requested, to CLECs identified by Qwest as fiber-
based collocators, using the contacts identified by each such CLEC for
interconnection agreement notices, and inorm them that they wil be
counted by Qwest as fiber-based collocators in Qwests filing. The CLEC
wil have a reasonable opportty (which Qwest will identify in its letter
but which will be no less than ten (10) business days from the CLEC's
confrmed receipt of Qwests letter) to provide feedback to this
information before Qwest files its request. In the absence of a response by
the Qwest-identified collocators, Qwest may rely on the Qwest-identified
còllocators in its filing. No par shall use the absence of a response from
a CLEC collocator as the sole basis for its position.
VI. FUTURE QWEST FILINGS TO REQUEST COMMISSION APPROVAL OF
NON-IMPAIRMENT DESIGNATIONS AND ADDITIONS TO THE
COMMSSION-APPROVED WI CENTER LIST
A. Qwest may file a request(s) with the Commission to obtain additional Non-
Impaired Wire Centers as data supporting such designations become available,
Page 8 of18
subject to the following conditions:
1. Qwest may request addition of Non-Impaired Wire Centers to the
Commssion-Approved Wire Center List at any time based solely the
number of fiber-based collocators.
2. Qwest may request addition of Non-Impaired Wire Center based in whole
or part upon line counts at any time up to July i of each year, based on
prior year line count data.
3. Notwthstandig the above, Qwest wil not request addition of any Non-
Impaired Wire Centers until after the 2007 ARIS filing (using December
2006 line count data).
B. When requesting additional non-impairment designations, Qwest wil use the
methodology set fort in Section V above, and will use the most recent data
available at the tie Qwest submits its proposed non-impairment designations for
Commission review. For business line counts, Qwest will use and submit the
most recent filed ARIS (as reported) data available at the time of submission of
its request to the Commssion.
C. At least five (5) days prior to filing new non-impairment or tier designations for
Commission review, Qwest wil request a protective order from the Commission
to govern the handling of confidential information durng the proceedings.
Attached as Attachment E to this Settlement Agreement, is a model protective
order. The Parties agree to seek from the individual Commission's approval for a
standing protective order based upon the attched model protective order that wil
apply in future proceedings. Where a Commission adopts a standing protective
order, Qwest is not required to submit a request for a new protective order, and
CLECs that have signed the protective order are not required to re-sign it for each
new Qwest request. A Commssion may modify a standing protective order using
its standard processes and procedures after Qwest has made its filing.
D. In order to provide all interested paries adequate notice of the scope of the
requested protective order and the anticipated Wire Center update proceeding,
Qwest wil provide CLECs (Joint CLECs and other potentially affected
Page 9 of 18
Competitive Local Exchange Carrers), including at least the contacts identified
by each such carer for interconnection agreement notices, via its email
notification chanels, with at least five (5) business days notice prior to filing
proposed non-impairent or tier designations for Commssion review.
E. Qwest wil fie supporting data (as outlined below) with the Commission when
filing its request to obtain additional non-impairent designations. Qwest wil
also provide a copy of the supporting data pursuant to the terms of the applicable
protective order to CLECs that have signed the applicable protective agreement
(or are subject to a standing protective order).
1. If Qwest relies upon Fiber-Based Collocators for its proposed Non-Impairent
Designation, the supporting data wil include at least the following information:
a. The name of each fiber-based collocator.
b. The applicable Qwest Ready for Serice date.
c. The results of any field verification that Qwest undertook to verify the
fiber-based collocation, including the field technician' notes which includes:
(1) the Wire Center and state; (2) collocator name; (3) collocation tye; (4)
fiber type; (5) validation of fiber terination at the fiber-based collocation; (6)
validation that fiber exits a Wire Center premises; (7) visual power
verification; (8) power verification at Battery Distrbution Fuse BaylBoard
("BDFB,") if possible; (9) additional comments from field personneL.
d. A copy of the letter sent by Qwest to collocator(s) identified by Qwest as
fiber-based collocator(s) requesting validation of status as a fiber-based
collocator and ownership/responsibility.
e. Copies of any responses to the letter noted in l(d) above, including an
indication of whether the collocator has affiatively identified (or disputed)
itself as a fiber-based collocator; and
f. All wrtten correspondence between Qwest and the collocator(s) identified
by Qwest as fiber-based collocator(s) regarding the validation of the fiber-
Page 10 of18
based collocation.
2. If Qwest relies upon Switched Business Line Count data for its proposed Non-
Impairment Designation, the supporting data will include at least the following
information:
a. The latest available ARIS 43-08 line counts, using the methodology
described in Section V(A) of this Agreement and used to create official
ARIS data on file with the FCC.
b. Total wholesale UN loops shown at the aggregated level for the Wire
Center(s) at issue, and by capacity (voice grade, DS1, DS3). This information
will also be provided on a disaggregated basis for all CLECs with the CLEC
names masked. Qwest will provide to CLEC the masking code information
necessary for CLEC to identify its own line count data. Qwest calculations to
derive 64-kbps equivalents for high capacity (e.g., DSI and DS3) loops wil
also be provided.
c. CLEC line counts based upon QPP or Qwest Local Serces Platform (or
similar platform product) wil be provided on a disaggregated basis for all
CLECs with CLEC names masked. Qwest will provide to CLEC the masking
code information necessar for CLEC to identify its own line count data.
F. Once Qwest submits its new non-impaient or tier designation filing to request
Commission approval, including all of the information identified in Section VI(E)
above:
1 A CLEC or any other pary wil have 30 days from the Filing Date to raise
objections to Qwest's request with the Commission.
2. If no objections are filed with the Commission, the Effective Date of the
Non-Impairment Designation will be thirty (30) days after the Filing Date,
unless the Commssion orders otherwise ("Effective Date for Undisputed
Designations"). The Paries agree that they wil request that the
Commission not alter the Effective Date for Undisputed Designations
without good cause. If no objections are fied with the Commssion, the
Page 11 of18
Joint CLECs agree that they wil not order Non-Impaired Facilities in the
Wire Center(s) identified on the applicable Commission-Approved Wire
Center List as of fifteen (15) days from the Effective Date of the Non-
Impairment Designation.
a. In the event no objections to Qwest filing are filed with the
Commission, the Paries agree that they wil, within thiry (30)
days of the Effective Date of the Non-Impairment Designations,
jointly request an expedited order designatig as non-impaied the
facilties identified in the Qwest filing, if no order has been
received.
b. To facilitate the expedted order described in the previous
paragraph, the Partes fuher agree that they will, within thrty (30)
days of the Effective Date of Non-Impairment Designations,
include a mutully agreed to proposed order designating as non-
impaired the facilities identified by Qwest in its fiing on the Filing
Date as an attachment to the joint request for an expedited order, if
no order has been received.
3. If a CLEC or any other pary disputes Qwests proposed non-impairment
designations, the Paries agree to ask the Commission to use its best
efforts to resolve such dispute within 60 days ofthe date of the objection.
a. In the event no objections are filed with respect to some but not all
of the non-impairment designations identified by Qwest in a
request on the Filing Date, the Paries agree that they will jointly
request an expedited order approving the undisputed designations
identified in the Qwest filing on the Filing Date, using the process
noted in paragraphs 2( a) and 2(b) above.
4. If a CLEC or any other par disputes Qwest's proposed non-impairment
designation but Qwest prevails and the Wire Center is added to the
Commission-Approved Wire Center List, the Joint CLECs agree they will
not order Non-Impaired Facilties in (for 100ps) and between (for
transport) Wire Centers identified on the applicable Comnission-
Page 12 ofl8
Approved Wire Center List as of fifteen (15) days after the effective date
of the Commissìon order addìng it to the Commssion-Approved Wire
Center List.
5. If a CLEC or any other par disputes Qwests proposed non-impairment
designation and prevails, and it is not added to the Commission-Approved
Wire Center List, DS 1 and DS3 UN loop or high capacìty tranport ON
facì1ìties in (for loops) and between (for transport) such Wire Centers will
continue to be treated as UNs until those facilties are added to a
Commission-Approved Wire Center List ìn a futue filing.
G. Length of Transìtion Perod for Adcltiona1 Non-Impairment Designations.
1. When the Commission approves additional DS 1 and DS3 UN 100p or
high capacity transport UN non-impaìrment designations as described in
ths Section VI, CLEC wì1 have ninety (90) days from the effective date
of the order in which the Commìssion approves the addition to the
Commission-approved Wire Center List to transition the applicable Non-
Impaired Facilities to an a1ternatìve servce pursuant to the terms of the
applìcable ìnterconnection agreement.
2. When the Commission approves additional Dark Fiber transport non-
impaìrent Designations as described in this Section VI, CLEC wì1 have
one-hundred and eìghty (180) days from the effective date of the order in
which the Commission approves the addition to the Commission-approved
Wire Center Lìst to transìtìon the applicable Non-Impaired Facilties,
pursuant to the terms of the applìcable interconnection agreement to an
alternative servce. Qwest and CLEC wì1 work together to identify those
circuits impacted by such a change.
H. Rate During Transìtion Period for Adcltional Non-Impairment Designations
1. Durng the Transition Periods identified in Section VI (G), facilities
subject to the transìtion will be provided at a rate equal to 115% of the
UN rates applicable as of the applicable effective date. The 115%
transitional rate for additional Non-Impaired Facilties will be applied to
Page 13 of18
CLEC bils as a manual adjustment on the followig bil cycle. The bil
adjustment wil be applied to each account based on the Biling Telephone
Number (BTN) and/or Circuit (CKT) per Billng Account Number (BAN)
with an effective bil date as of the applicable effective date.
2. The non-recurng conversion charge is addressed in Section N.
VII. OTHER PROVISIONS
A. This Settlement Agreement is the entire agreement between the Pares regarding
resolution of the underlying dispute and this Settlement Agreement may be
modified only if agreed to in wrting, signed by the Paries and approved by the
Commission. This Settlement Agreement is not intended, to alter or amend the
existing interconnection agreements between Qwest and Joint CLECs. To the
extent that any term of this Settlement Agreement would affect interconnection
agreement terms, interconnection agreement terms wil not be dealt with in the
Settlement Agreement but will instead be included in fied and approved
interconnection agreements or amendments as described in subparagraphs 1-3 of
ths Section VII(A):
1. Attachments B, C, and D to this Settlement Agreement contain
interconnection agreement ("ICA") provisions regarding issues addressed
in this Settlement Agreement. The CLECs that are part of the Joint
CLECs are at varng stages of ICA negotiations with Qwest. Qwest and
the Joint CLECs agree that the ICA language will be addressed as follows:
a. Covad, Integra, POPP.Com, and XO have each executed TRRO
ICA amendments with Qwest. Qwest, Covad, Integra, POPP.Com
and XO agree to amend their interconnection agreements with
Qwest using the amendment terms in Attachment B.
b. Eschelon and Qwest have executed a Bridge Agreement and are
curently pares to ICA arbitrations. Qwest and Eschelon agree
that, in each arbitration, the language in Attachment C will be
added as closed (i.e., agreed upon) language to the interconnection
Page 14 of18
agreement that is submitted in the compliance filing for
Commission approval in each state. Inserting this language will
not re-open or modify any closed language in the proposed
interconnection agreement. Eschelon agrees to add the closed
language reflected in Attachment C to the negotiations multi-state
interconnection agreement negotiations draft within ten (10)
business days of the Effective Date of this Settlement Agreement.
c. McLeodUSA and TDSM have not agreed to or executed TRRO
Amendments to their curent ICAs and are in negotiations with
Qwest pursuant to Section 252 of the federal Act. The tieframes
of Section 252 apply to those interconnection agreement
negotiations. Qwest, McLeodUSA and TDSM agree to execute an
amendment to their existing ICAs to include the amendment ters
in Attachment D. Qwest, McLeodUSA and TDSM resere their
rights as to TRRO and ICA ters not set forth in Attachment D
including terms with respect to the rates, terms and backbiling for
the time perod from March 10, 2006 to the time McLeodUSA and
TDSM convert their existing base of Non-Impaired Facilities as
well as the consequences for any non-conversion (or "Failure to
Conver") after the end of a transition period.
2. Qwest, Covad, Integra, POPP.Com, and XO agree to execute the ICA
terms in Attachment B within ten (10) business days of the Effective Date
of this Settlement Agreement, and Qwest agrees to fie the executed
amendments for Commssion approval within thirty (30) days of the
Effective Date of this Settlement Agreement.
3. McLeodUSA and TDSM agree to execute the rCA terms in Attachment D
withi ten (10) business days of the Effective Date of ths Settlement
Agreement, and Qwest agrees to file the executed amendments for
Commission approval within thirty (30) days of the Effective Date of this
Settlement Agreement.
4. Qwest agrees to make the terms in Exhibits B, C, and D available to other
Page 15 of18
requesting CLECs for inclusion of one or the other in their interconnection
agreements, consistent with Section 252(i) of the Act, as welL.
B. This Settlement Agreement is a settlement of a controversy. No precedent is
established by this Settlement Agreement, whether or not approved by
Commissions. The Settlement Agreement is made only for settlement puroses
and does not represent the position that any Pary would take if this matter is not
resolved by agreement. Ths Settlement Agreement may not be used as evidence
or for impeachment in any future proceeding before a Commission or any other
administrative or judicial body, except for futue enforcement of the terms of ths
Settlement Agreement after approval.
C. If, prior to approval, any Commission modifies any portion of this Settlement
Agreement, the Paries expressly acknowledge that any Pary may terminate this
Settlement Agreement as to that paricular state.
D. Qwest has entered into ICA Amendments (See, e.g., Section 2.6 of the Qwest-
Covad TRRO Amendment; Section 2.8.5 of the Qwest-Integra TRRO
Amendment, and Section 2.9.4 of the Qwest-XO TRRO Amendment.) under
which Qwest has agreed that facilties previously converted to (or ordered as)
non-UNs based on initial Qwest non-impairment designations will be converted
back to UNs at no charge with corresponding refuds to the CLECs for non-
recurg charges and the difference between the applicable non-UN and UN
recurng rates after a determination that the relevant Wire Center did not meet the
FCC's non-impairent criteria. Qwest agrees herein that these provisions and all
the conversion and refund terms therein wil apply to any of the relevant Joint
CLEC's facilties previously designated by Qwest as non-impaired, but not
identified as non-impaied in Attachment A to this Settlement Agreement. For
any refuds that are due and owing pursuant to such provisions as of the Effective
Date of this Settlement Agreement, Qwest wil refud the applicable qualifyng
Joint CLEC no later than sixty (60) days after the Effective Date of this
Settlement Agreement.
E. For those non-impairment designations that have an effective date of July 8, 2005
under this Settlement Agreement, CLECs that have already been back-biled to March 11, 2005
for those facilities shall receive from Qwest a lump sum credit equal to the amount back-biled
Page 16 of18
specifically for the period from March 11,2005 to July 8,2005.
Page 17 of18
Mtn..TAR
,seTtLIIll\iE1it',AGlMElCAaING
WIRE CEN&R. DESIGATIONS Al'R'EttÂTEÐ:;ì8SuE
Dateî1s', ' ,'f1." ,dâ,-afJ_i1ÔÖ'l.
Qwes Cotra:n
_i8oflS
MULTI-STATE
SETTLEMENT AGREEMENT REGARDING
WIRE CENTER DESIGNATIONS AND RELATED ISSUES
Dated this i 3 ti day of June, 2007.
McLeodUSA Telecommunications Services, Inc.
tJ ti J!t/
Wiliam A. Haás
Vice President & Deputy General Counel
1 Mara's Way
Hiawath Iowa 52233
[phone]
Esdilon
B;y
. Jeff Oxley,
EVP. Generl'Counsel,Setet
Eschèlon Teleelt¡lriê,
730 .SecndAvehtle;~JL. Stiite900
Mirmeapøis; MN5540Z
Pllø i'nof:iO
0:I-Zw:::iü
Ë0:
ow+oC"..iC"(/o
io iö99
"3 "3
;b ;b
I"ooN
M..
có
io io00i I
"3 "377co co
io9
"3
;b
ow+oC"..
M(/o
iöoi.
CI::
.. .... ..
(I (I
¡: ¡:
iö iö00s! ¿
CI CI
:: ::
....(I
¡:
iöoi.CI::
.. ..
.. ..
(I (I
¡: ¡:
iö iö00¿ ¿
CI CI:: ::
f
CD-C
CDo!
;t
"C!"¡
Q.
E
-io io io io io io io io io io io io io io ~ ~ io ~ ~io io~io~ ~ ~ io io io io io io io ~ io io io io00000000000000.... 0.. 0 0 00 00.... 0 00 0 00 0.. 00 00
~¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ~ ¿ ~ ~ ¿ ¿ ~ ¿ ¿ ¿ ¿ ¿ ¿ ¿¿CIClClClClClClClClClClClClCl~~CI i CICl~CI~~~~CICl~CIClClCl~CIClClCl0:: :: :: :: :: :: :: :: :: :: :: :: :: :: .. .. :: : :: :: 7 :: 7 7 .. .. :::: i :: :: :: :: .. :: :: :: ::~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ .~ ~ ~ ro ~ ro 00 .~ ~ ~ ~ ro ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~ ~ ~~~~ ~~~~~~~~~
~0
~~~~~~~~
0..
0 0 0 0 0 0 0 0 ..o 0 0 0 o 0 0 0 (/................0II1:1:C"C"1:C"1:1:1:C"1:C"C"C"1:1:C""0 1:1:-
~!~~.~~~~~~~~i:(/(/(/(/(/(/(/(/i:(I II II 0 0 II 0 II II II 0 II 0 0 0 II II 0 CI II IIEi:1:i:~~i:1:~i:1:1:1:1:i:i:~i:~~1:1:~1:1:i:i:1:1:1:1:1:C"i:i:1:1:1:(I ~~~~~~~0 0 0 ~~~~~~~~~~0 0 0 1:~(/~~~~~jj I-II ~~I-II ~I-II II II II l-I-~I-~~II II ~II II I-II II II II ~II 0 l-I-II II II
"0 C"i:C"II II C"i:II C"i:i:i:i:C"C"II C"II II i:i:II i:i:C"C"i:i:i:i:II i:~C"C"i:i:i:
~(/~(/i:i:(/~i:(/~~~~(/(/i:(/i:i:~~i:~~(/(/~~~~i:~(/(/~~~
"ro 0 I-0 ~~0 I-~0 l-I-I-0 0 ~0 ~~I-~I-0 0 l-I-l-I-~I-~0 0 l-I-I-
0."0 C""0 l-I-"0 C"I-"0 C"C"C"C""0 "0 "0 I-C"C"I-C"C""0 "0 C"C"C"C"C"II "0 "0 C"C"C"
E i:(/i:C"C"i:(/C"i:(/(/(/(/i:i:C"i:C"C"(/(/C"(/(/i:i:(/(/(/(/C"(/i:i:i:(/(/(/.i CI 0 CI (/(/CI 0 (/CI 0 0 0 0 CI CI (/CI (/(/0 0 (/0 0 CI CI 0 0 0 0 (/0 ~CI CI 0 0 0i:....0 0 ..0 ......0 ..0 0 0 ....0 I-....0 (/(/"0 "0 (/"0 (/(/(/"0 (/"0 "0 "0 (/(/"0 C"(/(/z 0 0 i:i:0 i:0 0 0 i:0 i:i:i:0 0 i:(/0 0
CI CI CI CI CI CI CI CI 0................"0(/(/(/(/(/(/(/(/i:0 0 0 0 0 0 0 0 CI..(/0
-..i: i:(/(I 0 C"C"C"C"C"C"C"C"0E ;i (/(/(/(/(/(/(/(/C"._ CI ..N ..0 0 ..N 0 ..N N N N ....0 ..0 0 N N 0 N N ....N N N N 0 N ....N N NCI c.................................................(/...... ....0. ¡¡(I (I (I ....(I (I ..(I (I (I (I (I (I (I ..(I ....(I (I ..(I (I (I (I (I (I (I (I ..(I 0 "!!.!!.!!.!!.!!E .¡¡¡:¡:¡:....¡:¡:..¡:¡:¡:¡:¡:¡:¡:..¡:....¡:¡:..¡:¡:¡:¡:¡:¡:¡:¡:..¡:. l-I-l-I-l-.- IIi CI (I (I (I (I (I (I (I (I ..i: _¡:¡:¡:¡:¡:¡:¡:¡:..~ü (I¡:
(I 0:cc 0:0:~:i ~ci ~~0 w Ü~~0:ci 0:
b 0 0:~0 Ü"0 Ü ~~0 w ~~:i ~(§5:
..cc ::~I"0 ::::z z ::::Ü Ü (/~0 (/Ü..W z ::0 z 0 l-ccÜ
~~~~~~~~~~
0 0 0 0 0 0 0 0 0 0 0 0 0 0 z z z ::z z z z z z z 0Ü:J 0 ÜÜÜÜÜ~~~ü ü ü ü ü ü ~::::::0 ::::::::
~
::::z..0 0:0:0:ci 0:0:0:0 Z ci
~
Z 0:(/(/z :i 0 ~..3:~..ÜÜ::z 0 ::0 (/~0:0 :;(/:;:;:;:;:;:;~..(/~~ci ci ....I-~W W :i :i :i :i ü w Ü~Z :;..Z ..Z Z Z Z Z Z (9 ..0 I-ci ci ..0 ~I-::ci ci ci ci (/l-(/W 0:0:cc 0 ü 0 0 0 0 0 0 ..Z Ü0 Üw w ::(/::::cc (9 0:(/
::
o(0..-i:,~.æ II 'ro øi:CI i:i:"0(I ::CI 0
~~¡g
(I ._(I gc.ø i:.i .i CI
~'5 '5~'ro 1:1:::i:i:ø i:i:(I
¿¿
(I -E~CI 0 0 .!:"ro i:"C "ro i:'x ï::
1
CI
~
"f 0§w ::z z .!CI 0 0 ~"0 ::..c.€::i:I :~CI w ::(/(/i:(I "1!"0 i "0 0.9 x x x x CI (I ..ci (I
j
(I ~i:.."3 ~i:"E ~::.5 '2 '2 "2 "2 ~~
(I i: (I CI ~(I
~
(/....
~~~g ~S i ci 0 CI 0
I~"0 0"0 "0 "0 II ~~~
i:
&.CI
e3 CI (I (I (I (I i:tl
~Z
e "3 ó :e ü €.~~i:g.:§:§E .i "5 e3II 0 0 0 0 8 E ~i:i:i:i:~(I ~c.(I .i .i .i .i ~i=~~0 CI Õ ~(I (I (I (I CI 0 "3 CI "0 CI ..0 fi ..CI::::ci ci ci ci (/l-cc Üü ü 0 0 0 0 ..Z ii (/ü w w ::(/::::z 0 (/u.
.æ.i(/
~0 zÜ::
..
(Ici
CIci
"jcoz
o0:0:l-
00I-Zw:::i
~
L(9
"3700....(I
¡=ir
L( C;o co
"3 ::L( L( L( L( L( L( L( L( L( L( L( 7 ~ L( L( L( L( L( L( L( L( L( L( L( L( L(0000000000000.. 0000000000000~~¿¿¿¿¿¿¿¿¿ ¿¿¿¿~~¿~¿¿¿¿¿co co co co co co co co co co co i ~ co co co co~~ co~ co co co co co:: :: :: :: :: :: :: :: :: :: :: :: .. :: :: :::: i 1:: i :: :: :: :: ::~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ .~ ~ ~ ~ ~ 00 00 ~ 00 ~ ~ ~ ~ ~~~~~~~~~~~~~~~~~~ ~ ~~~~~
~~0 00
~
0......0 ..(J 0 (Jc:..c:1:"'1:1:1:1:("1:1:1:1:1:1:1:1:1:1:"'1:
18-¡s I~1 ¡s ¡s ~¡s i ¡S I~0 Q Q ¡S ¡S
0
¡Si:(J ~i:I/co I/I/I/I/c:I/I/I/I/I/I/I/I/I/co I/1:i:1:1:1:("i:i:i:i:t i:i:i:i:i:i:i:i:1:1:i:i:("i:1:
8-e!18 8-8 (J e!e!e!e!e!e!e!~e!e!e!e!18-18 e!e!(J e!18I/l-I/I/I/c:l-I-l-I-8-l-I-l-I-l-I-l-I/I/l-I-c:l-I/i:("i:i:i:t ("("("("I/("("("("("("("("i:i:("("t ("i:
e!(J e!e!e!(J (J (J (J i:(J (J (J (J (J (J (J (J e!e!(J (J (J e!I-c:l-I-I-8 c:c:c:c:e!c:c:c:c:c:c:c:c:l-I-c:c:8 c:I-(""'("("("I/"'"'"'"'I-"'"'"'"'"'"'"'"'("(""'"'I/"'("(J i:(J (J (J i:i:i:i:i:("i:i:i:i:i:i:i:i:(J (J i:i:i:i:(Jc:co c:c:c:e!co co co co (J co co co co co co co co c:c:co co e!co c:..I-........c:....................I-..(J ("(J (J (J (J "'(J (J (J (J (J (J (J (J (J (J ("(Jc:(J c:c:c:c:i:c:c:c:c:c:c:c:c:c:c:(J c:c:co c:"'.."'i:(J i:co c:co....(J (Jc:c:
....(J (Jc:("c:(J rtC"..C"C"C"("........c:....C"..........C"C"......C"..........(J ................................(J ....(I (I (I (I (I c:(I (I (I (I ..(I (I (I (I (I (I (I (I (I (I (I (I c:(I (I
¡=¡=¡=¡=¡=¡=¡=¡=¡=..¡=¡=¡=¡=¡=¡=¡=¡=¡=¡=¡=¡=¡=¡=..(I ....¡=..(I (I
¡=¡=
oo ("("00 ~~~00 0 W ..:i ai C"L(
~
:i ;:("..co ..i:~L(~..("Ol ~~
~
~~~~c:w ~0:0:~::~~~~000:l-I-l-I-00 000000000;:;:;:;:;:;:~~3:3:3:3:3:3:3:3:3:3:c:z c:::~z 6 ::z ::c:c:c:c:ü ü ü
~~~~~~~z C)LL
~~
....~~~....Z )-~üw;:c:li 00 0:C)0:..........W ..a.~ai w ::(J ::0 a.(J (J (J ai ai ~0 (J (J (J (J (J (J (J (J
i:£;ø 1:"'.i::0 "!!(I-ëii 0 (I ::
~-æ E "'
:i i: _::(J 3:8 .i I/'~::(I 0 ~j ~
(Ii:E L;L;L;i:(I 2 ~~gz ~.i 1:9 (I .i i::E g i:-Qi co i:i:ë3 ë3 ë3 (5 (J (I E ø õ:0 00 ai ü 'ai "ai 3: .::3:co .i ::co 'ai LL..::::~~~(I ü ü c:w iI ::(I(I "E "'"'"'
~::(I 9=co i:coi:i:i:i:co co co 'S: 0 'Q (I (I (I (I (I (I (I Ei:.E co co co E (I ~......~~~i1 i1 i1 i1 15 ~"'~1:1:1:(I t:(I -~8i:"'~:!:!:!Æ~-~(I ::(I
&.0 0 -æ ::e co co co Qi (I (I (I (I (I (I (I ~ai w ::a.a.(J ::0 a.(J (J (J ai 0 (J (J (J (J (J (J (J (J
0:I-000;:3:
~co..2i:
~
~"~
=....(If
co
"5
~i:
1~2
"'i:co..
~
~
~.~
(Jw
bz
=....(If
co
"5
¡
'ei.::o
1i.i-øl~
~"'os:
e -00. ~
.$ "ai.- 0.G E~ ._.,"(3 C1: 0o i:0. "'
~ ~co (I
i= :2.. I/(J i:
c: 8
..o
=....(If
co
.5
~i:
"ê2
"'i:
co..2i:
~
~.~
Ñ..(If..o
=....(If
co
"5
~i:'ei
'§ -0- ~~ 'ai_ 0.ø .S(I i3: §o i:;: "'.0 (I
"' :u(I "'
:2 '00;: i:e 00. (.I/ ~:i co:: ..
J~ 2(. i:1: (Io (.
~"~
i: 3:
e! =
I- C"
(" :u~f
~.~
E.ii:oi:
Æ
.9"'
~(I"'
'00i:
8
~co
=1/0.oo....(Jc:=I/co"'(Ii¡
'gico
ë3..
~
~
~.~
co
.5
(I"'
"00~
1i£;øl~
"'(I"'os:
e0.
I/0.o....(Jc:
r-ooC"('..
cò
-0~
"ai0.E.ii:oi:
Æ
.9"'
~(I"'
'00i:
8
~
co
=1/0.
8..
("(Jc:=I/co"'(Ii¡
'gico
ë3..
~
~
~"~
co
.5
(I"'
"00~
1i
£;øl~
"'(I"'os:
e0.
I/0.
~("(Jc:
00-i:(I
E.i(.
~
£;.~
C"
(Ici
8:
-i:(IE(I~~-i:(I
E(I
~(Jcii:
'S:e0.0.co..(I
"Eoi:o
"gi
'E
Eoü
~
~"'
g
II
c:w
+
~co"'
g
ATTACHMENT B
Triennial Review Remand Order ("TRRO") Wire Center Amendment
to the Interconnection Agreement between
Q\est Corporation arielr;IIII.'" ";~ for the State of d"ilA?I';III'H"??l
L,:,:""",:"",:,:",:""":,:,:,~~,:"i.*,, ~J_.J . :'!:':':':':':':"':':':"":":;',.:'"":",:,,;,,,:':':':;"''1,_"ø"":',~::::':::'::,,,,,,'-,"':
This is an Amendment ("Amendment") to reflect the results of certain Wire Center
Dockets in the in.terconnec",t,""".,i,.,.,.,~,'".",,,,,n,, A""",~,,*,';,,',',Q, ",'"""rr"",.""~e,.,.,.,.,.,.,."'"",~e",,,,',','"',',',',.,.",.,~m",,,,',',',',',,',.,',.,,' ent between Qwest Corporation ("Qwest"), a
Colorado corporation, and __) ("CLEC"). CLEC and Qwest shall be known
jointly as the "Parties."
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement (such
~~~e~~~~~~i~~ ~~~e:~~;t~~s amended to ~;.~.~~~~;r;~~;~~e~ ~~ t~:e"_i.
Commission ("Commission") on .1_) as referenced in Docket No.
; and
WHEREAS, the Federal Communications Commission ("FCC") issued its Report and
Order, In the Matter of Review of the Section 251 Unbundling Obligations of Incumbent
Local Exchange Carriers; Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147 (effective
October 2, 2003) ("TRO"); and, on February 4, 2005, the FCC released the Review of
the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, Order
on Remand (effective March 11, 2005) (Triennial Review Remand Order) (FCC 04-290)
("TRRO"); and
WHEREAS the Pa~.i~.~~~~futed an amendment to the Agreement incorporating terms
of the TRRO on ...11) ("TRRO Amendment"); and .
WHEREAS, on or about February 15, 2006, certain CLECs (collectively referred to as
"Joint CLECs"), including in some states CLEC, filed requests with the state
commissions in Arizona, Colorado, Minnesota, Oregon, and Utah asking that the state
commissions, in accordance with the TRRO, develop and approve a list of non-impaired
wire centers and a process for future updates of the wire center list; and
WHEREAS, the aforementioned state Commissions opened the following dockets in
response to these filings: Arizona (Docket Nos. T -03632A-06-0091 ; T -03267 A-06-0091 ;
T -04302A-06-0091; T -03406A-06-0091; T -03432A-06-0091; and T -010518-06-0091),
Colorado (Docket No. 06M-080T), Minnesota (Docket Nos. P-5692, 5340, 5643, 5323,
465, 6422/M-06-211), Oregon (Docket No. UM 1251), and Utah (Docket No. 06-049-40);
WHEREAS, the Washington Utilities and Transportation Commission (WUTC)
investigated Qwests initial non-impairment list in an existing docket (number UT-
053025) established to review the impacts of the TRRO on local competition; and
WHEREAS, on March 3, 2006, Owest also petitioned for a Commission investigation
and expedited proceeding to verify Owest wire center data, address the nonrecurring
conversion charge, establish a process for future updates of the wire center list, address
related issues; and bind all CLECs; and
WHEREAS, the Parties wish to amend the Agreement to reflect certain terms resulting
from the publicly filed settement of issues in the Wire Center Dockets ("Settlement
Agreement") and agree to do so under the terms and conditions contained in this
Amendment.
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:
I. Amendment Terms
1.0 DEFINITIONS
The Agreement, including specifically Section 1.0 (Definitions) of the TRRO Amendment
to the Agreement, is amended to add the following definitions:
"Commission-Approved Wire Center List" means a list approved by the Commission in a
Wire Center Docket(s) that identifies DS1 and DS3 Unbundled Loop Jacilities that are
non-impaired and, regarding DS1, DS3, and Dark Fiber unbundled transport facilties,
identifies non-impairment designations based on Wire Center Tier Designation(s).
"Non-Impaired Facilities" are those network elements identified in an applicable FCC
order as no longer available as unbundled network elements ("UNEs") under 47 U.S.C.
§ 251 (c)(3) as reflected in this Agreement based on non-impairment or tier designations
and that have been reviewed and approved by the Commission using the process and
methodology ordered in a Wire Center Docket.
"Non-Impaired Wire Centet' is a Wire Center that the Commission finds meets the loop
thresholds identified in CFR 47 §51.319(a)(4)(i) for DS1 Loops, or the loop thresholds
identified in CFR 47 §51.319(a)(5)(i) for DS3 Loops, or the Tier 1 or Tier 2 Wire Centers
designations as defined in §51.319(e)(3) and that is identified on a Commission-
Approved Wire Center List.
2
3
2.0 Unbundled Network Elements (UNE) General
The Agreement, including specifically Section 2.0 (Unbundled Network Elements
General) of the TRRO Amendment to the Agreement, is amended as follows:
2.0.A Whether a high capacity loop or high capacity transport UN!; is
unavailable, and the date upon which it becomes unavailable, based on non-
impairment wire ,center designations have been or wil be determined by the
Commission in a Wire Center Docket. The Parties wil follow any procedures
established by the Commission in the Wire Center Docket with respect to
exchange of data and Confidential Information and updating the Commission-
ApprovedWire Center List. For Non-Impaired Facilities identified using the initial
CommissiOn-Approved Wire Center List, CLEC wil not order an unbundled DS1
or DS3 Loop or an unbundled DS1, DS3 or Dark Fiber transport circuit when the
order would be restricted based on the Wire Center designations identified on the
applicable Commission-Approved Wire Center List. Regarding ordering after any
additions to the initial Commission-Approved Wire Center List, see Section 2.0.F
of this Amendment.
2.0.A.1 Section 2.3 of the TRRO Amendment is hereby replaced with the
following language in these Sections 2.3, 2.3.1 and 2.3.2:
For Covad:
"2.3 After execution of this Amendment, Qwest shall back bil the FCC
ordered rate increases to March 11, 2005 (except as provided in Sections
2.3.1 and 2.3.2 below), for the time period for which the facilities were in
place for existing Non-Impaired DS1 Loop and Transport, DS3 Loop and
Transport, Dark Fiber Loop and Transport and Mass Market Switching
Services pursuant to Transition rate increases identified in Sections
3.1.1.2,3.1.2.2,3.1.5.1,4.1.1.2,4.1.2.2,4.1.10.1.2 and 5.1.1.3. Such
back billng shall not be subject to biling measurements and penalties.
For Integra and POPP.Com:
"2.3 After execution of this Amendment, Qwest shall back bill the FCC
ordered rate increases to March 11, 2005 (except as provided in Sections
2.3.1 and 2.3.2 below), for the time period for which the facilities were in
place for existing Non-Impaired DS1 Loop and Transport, DS3 Loop and
Transport, Dark Fiber Loop and Transport and Mass Market Switching
Services pursuant to Transition rate increases identified in Sections
3.1.1.2,3.1.2.2,3.1.5.1,4.1.1.2,4.1.2.2,4.1.7.1.2 and 5.1.1.3. Such
back billng shall not be subject to biling measurements and penalties.
4
ForXO:
"2.3 After execution of this Amendment, Qwest shall back bil the FCC
ordered rate increases to March 11, 2005 (except as provided in Sections
2.3.1 and 2.3.2 below), for the time period for which the facilities were in
place for existing Non-Impaired DS1 Loop and Transport, DS3 Loop and
Transport, Dark Fiber Loop and Transport and Mass Market Switching
Services pursuant to Transition rate increases identified in Sections
3.1.1.2, 3.1.2.2, 3.1.5.1, 4.1.1.2, 4.1.2.2, 4.1.7.1.2 and 5.1.1.3. Such
back biling shall not be subject to biling measurements and penalties.
Such back biled amounts shall appear on the Charges and Credits
section of the invoice and those amounts shall not be subject to billng
measurements, interest or penalties. Payment for the back billed
amounts wil be due thirty (30) days after the date of the invoice
containing such back billed amounts in the Charges and Credits section.
2.3.1 July 8. 2005: The Effective Date of Non-Impairment
Designations filed in 2005 after Qwests initial February 18, 2005
filing and identified in the final column of Attachment A shall be
July 8, 2005.
2.3.2 Thirt (30) Days After the Effective Date of the
Settlement Agreement in the Wire Center Docket: The
Effective Date of Non-Impairment Designations for the Denver
East and Colorado Springs Main Wire Centers shall be 30 days
following the Effective Date of the Commission order approving
the Settlement Agreement in the Wire Center Docket."
2.0.B Upon receiving a request for access to a high capacity loop or high
capacity transport UNE pursuant to Section 2.0 of the TRRO Amendment, Qwest
must immediately process the request. Qwest shall not prevent order
submission and/or order processing (such as via a system edit, or by requiring
affirmation of the self-certification letter information through remarks in the
service request, or through other means) for any such facility, unless the Parties
agree otherwise in an amendment to the Agreement. Regarding ordering with
respect to the initial Commission-Approved Wire Center List, see Section 2.0.A,
and regarding ordering after any additions are made to the initial Commission-
Approved Wire Center List, see Section 2.0.F. For changes of law, the Parties
agree that the change of law provisions contained in the interconnection
agreement between the Parties will apply.
2.0.C Intentionally Left Blank.
2.0.D For high capacity loops and high capacity transport UNEs, Qwest will for
a period of at least three (3) years from the effective date of a Commission order
approving the Settlement Agreement in a Wire Center Docket, assess an
. effective net non-recurring charge of $25 for each facility converted from a UNE
to an alternative service arrangement, as shown in Exhibit A to this Amendment.
Qwest may assess a non-recurring conversion charge in excess of $25 so long
as Qwest provides a clearly identified lump sum credit within three (3) biling
5
cycles that results in an effective net non-recurring charge of $25. No additional
non-recurring charges apply, other than OSS non-recurring charges if applicable.
Qwest shall not impose any recurring or nonrecurring OSS charges unless and
until the Commission authorizes Qwest to impose such charges and/or approves
applicable rates at the completion of appropriate cost docket proceedings.
2.0.0.1 The Parties may disagree as to the amount of the applicable
non-recurring charge after three years from the Effective Date of the
Settlement Agreement, and each Party reserves all of its rights with
respect to the amount of charges after that date. Nothing in this
Agreement precludes a Party from addressing charges after three years
from the Effective Date of the Settlement Agreement. A different non-
recurring charge wil apply, however, only to the extent authorized by an
applicable regulatory authority, or agreed upon by the Parties and
reflected in an amendment to the Agreement.
2.0.E For high capacity loops and high capacity transport UNEs, Qwest will also
provide a clearly identified lump sum credit of $25 per converted facility to CLEC,
if CLEC has converted Non-Impaired Facilties pursuant to the TRRO before the
effective date of a Commission order approving the Settlement Agreement in the
Wire Center Docket and paid a $50 non-recurring conversion charge. Qwest wil
include that disconnected circuit in the lump-sum credit described above if the
CLEC provides: (1) the circuit 10 of the disconnected circuit; (2) the BAN number
on which the disconnected circuit was billed; and (3) the BAN number to which
the CLEC would like the credit applied. Once the CLEC has provided this
information, Qwest wil provide the reimbursement credit as set forth herein. A
CLEC wil not be required to provide a copy of the disconnection order as a
condition of including the disconnected circuit in the lump sum credit provided
under this Paragraph.
2.0.F Additional Non-Impaired Wire Centers. When Qwest files a request(s) to
add additional Wire Center(s) to the Commission-Approved Wire Center List,
Qwest wil follow the procedures for making such requests approved by the
Commission in the Wire Center Docket. When additional Qwest Wire Center(s)
meet the relevant factual criteria discussed in Sections V and VI of the FCC's
Triennial Review Remand Order as reflected in the Agreement and the
Commission adds the Wire Center(s) to the Commission-Approved Wire Center
List, the terms of this Section wil apply to facilties subject to the transition based
on the addition(s) to the Commission-Approved Wire Center List. Fifteen (15)
Days after Commission-approval of addition(s) to that list, CLEC wil no longer
order impacted High Capacity Loops, high capacity transport UNEs, orOark
Fiber Loop and Dark Fiber Dedicated Transport UNEs in (for loops) or between
(for transport) those additional Wire Centers. Qwest and CLEC will work
together to identify those circuits impacted by such change.
2.0.F.1 Length of Transition Period for Additional Non-Impairment
Designations.
2.0.F.1.1 When the Commission approves additional DS1 and
DS3 loop or high capacity transport UNE non-impairment
designations as described in Section 2.0.F, CLEC wil have ninety
6
(90) days from the effective date of the order in which the
Commission approves the addition to the Commission-Approved
Wire Center List to transition the applicable Non-Impaired
Facilities to an alternative service.
2.0.F.1.2 When the Commission approves additional Dark Fiber
transport non-impairment Designations as described in Section
2.0.F, CLEC wil have one-hundred and eighty (180) days from the
effective date of the order in which the Commission approves the
addition to the Commission-Approved Wire Center List to
transition to an alternative arrangement. Qwest and CLEC wil
work together to identify those circuits impacted by such a
change.
Integra (12.8.4), POPP.Com ('-2.8.4) and Covad (12.5.4):
2.0.F.1.2.1 In addition to the changes required by
Paragraph 2.0.F above, the last sentence of the paragraph
entitled "Additional Non-Impaired Wire Centers" of the
TRRO Amendment is hereby modified to refer to back
billng to the ninety-first (915t) Day "for additional DS1 and
DS3 loop or high capacity transport UNE non-impairment
designations" and to add "and the one-hundred and eighty
first (181 5t) Day for additional Dark Fiber transport non-
impairment designations."
Integra (2.8.4):
2.0.F.1.2.2 The Parties specifically agree that the fifth (5th)
sentence in Paragraph 2.8.4 of, Integra's TRRO
Amendment will remain in full force and effect. That
sentence states: "If CLEC makes a commercially
reasonable best effort to transition such services and if
extraordinary circumstances arise the Parties agree to
discuss an alternate time frame."
2.0.F.2 Rate During Transition Period for Additional Non-Impairment
Designations.
2.0.F.2.1 For a ninety (90) day period beginning on the
effective date on which the Commission approves an addition to
the Commission-Approved Wire Center List, any DS1 Loop UNEs,
DS3 Loop UNEs, DS1 Dedicated Transport UNEs, and DS3
Dedicated Transport UNEs that CLEC leases from Qwest as of
that date, but which Qwest is not obligated to unbundle, shall be
available for lease from Qwest at a rate equal to 115% of the UNE
rates applicable as of the effective date on which the Commission
adds the Wire Center to the Commission-Approved Wire Center
List.
7
2.0.F.2.2 For a one-hundred and eighty (180) day period
beginning on the effective date on which the Commission
approves an addition to the Commission-Approved Wire Center
List, any Dark Fiber Dedicated Transport UNEs that CLEC leases
from Qwest as of that date, but which Qwest is not obligated to
unbundle, shall be available for lease from Qwest at a rate equal
to to 115% of the UNE rates applicable as of the effective date on
which the Commission adds the Wire Center to the Commission-
Approved Wire Center List.
2.0.F.2.3 The 115% rate described in Sections 2.0.F.2.1 and
2.0.F.2.2 wil be applied to CLEC bills on the following bil cycle,
and may be applied as a manual adjustment. Any manual bil
adjustment for the time period for which the facilities were in place
will be applied to each account based on the Biling Telephone
Number (BTN) and/or Circuit (CKT) identification number per
Biling Account Number (BAN) with an effective bil date as of the
effective date on which the Commission adds the Wire Center to
the Commission-Approved Wire Center List.
2.0.F.2.4 The non-recurring conversion charge is addressed
in Section 2.0.D of this Amendment.
2.0.F.3 Data. Qwest will file supporting data with the Commission when
filng a request to obtain additional non-impaired designations added to
the Commission-Approved Wire Center List. Qwest wil also provide a
copy of the supporting data pursuant to the terms of the applicable
protective agreement/order to CLEC if CLEC has signed the applicable
protective agreement/order (or is subject to any applicable standing
protective order put in place by the Commission).
2.0.F.3.1 If Qwest relies upon Fiber-Based Collocators for
its proposed non-impairment designation, the supporting
data provided to CLEC wil include at least the information
required by the Commission in the Wire Center Docket.
2.0.F.3.2. If Qwest relies upon Switched Business Line
Count data for its proposed Non-Impairment Designation,
the supporting data provided to CLEC wil include at least
the information required by the Commission in the Wire
Center Docket.
2.0.F.4 Methodology. The Parties agree to use the methodology for
non-impairment or tier designations adopted by the Commission in the
Wire Center Docket.
For Covad:
2.0.G Section 2.6 is modified to add the following subpart:
8
"2.6.1 For any refunds that are due and owing pursuant to Section 2.6,
Qwest wil refund the applicable qualifying Joint CLEC no later than sixty
(60) days after the Effective Date of the Settlement Agreement in the Wire
Center Docket.
For Integra and POPP.Com:
2.0.G Section 2.8.5 is modified to add the following subpart:
"2.8.5.1 For any refunds that are due and owing pursuant to Section
2.8.5, Qwest wil refund the applicable qualifying Joint CLEC no later than
sixty (60) days after the Effective Date of the Settlement Agreement in the
Wire Center Docket.
ForXO:
2.0.G Section 2.9.4 is modified to add the following subpart:
"2.9.4.1 For any refunds that are due and owing pursuant to Section
2.9.4, Qwest will refund the applicable qualifying Joint CLEC no later than
sixty (60) days after the Effective Date of the Settlement Agreement in the
Wire Center Docket.
i i. Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however,
the Parties agree to implement the provisions of this Amendment upon execution.
II. Further Amendments
The provisions of this Amendment apply notwithstanding anything in the TRRO
Amendment that may be to the contrary. Except as modified herein, the provisions of
the Agreement, including the TRRO Amendment, shall remain in full force and effect.
Except as provided in the Agreement, this Amendment may not be further amended or
altered, and no waiver of any provision thereof shall be effective, except by written
instrument executed by an authorized representative of both Parties.
iv. Entire Agreement
Other than the publicly filed Agreement, its Amendments, and the publicly filed
Settlement Agreement in the Wire Center Docket, Qwest and CLEC have no agreement
or understanding, written or oral, relating to the subject of this Amendment. The publicly
filed Settlement Agreement in the Wire Center Docket is not intended to alter or amend
the Agreement.
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.
9
Signature Blocks
10
ATTACHMENT C to
Triennial Review Remand Order ("TRRO") Wire Center
Multi-State Settlement Agreement
ATTACHMENT C & MULTI-STATE DRAFT
For insertion in Section 4 ("Definitions") in alphabetical order, with gray shading
indicating state-specific language (to be inserted as applicable per each state):
"Commission-Approved Wire Center List" means a list approved by the Commission in a
Wire Center Docket(s) that identifies DS1 and DS3 Unbundled Loop facilities that are
non-impaired and, regarding DS1, DS3, and Dark Fiber unbundled transport facilities,
identifies non-impairment designations based on Wire Center Tier Designation(s).
"Non-Impaired Facilities" are those network elements identified in an applicable FCC
order as no longer available as unbundled network elements ("UNEs") under 47 U.S.C.
§251 (c)(3) as reflected in this Agreement based on non-impairment or tier designations
and that have been reviewed and approved by the Commission using the process and
methodology ordered in a Wire Center Docket.
1
. Forínsertion in Section 9 ("UNEs"), in the location
indicated by section number:
9.1.13 To submit an order to obtain a High Capacity Loop or high capacity
2
transport UNEs, CLEC must undertake a reasonably diligent inquiry and, based on that
inquiry, self-certify that, to the best of its knowledge, its request is consistent with the
requirements discussed in parts IV, V, and Vi of the Triennial Review Remand Order as
reflected in this Agreement and that it is therefore entitled to unbundled access to the
particular Unbundled Network Elements sought pursuant to section 251 (c)(3). Before
placing the first such order under this Agreement, CLEC shall provide its self-certification
through a letter sent to Owest, or in another form to which the Parties mutually agree in
writing. The applicable UNE rate(s) in Exhibit A wil apply to UNEs and UNE
Combinations.
9.1.13.1 CLEC wil maintain appropriate records to support the self-certification
described in Section 9.1.13. See Section 9.23.4 for Service Eligibilty Criteria for
High Capacity EELs.
9.1.13.2 Owest has a limited right to audit compliance with the Service
Eligibility Criteria for High Capacity EELs, as described in Section 9.23.4.3.
Notwithstanding any other provision of this Agreement, there is no other auditing
requirement for self-certification, as CLEC certifies only to the best of its
knowledge.
9.1.13.3 Whether a High Capacity Loop or high capacity transport UNE is
unavailable, and the date upon which it becomes unavailable, based on non-
impairment wire center designations have been or wil be determined by the
Commission in a Wire Center Docket. The Parties wil follow any procedures
established by the Commission in the Wire Center Docket with respect to
exchange of data and Confidential Information and requests for additions to the
Commission-Approved Wire Center List. For non-impaired facilities identified
using the initial Commission-Approved Wire Center List, CLEC wil not order an
unbundled DS1 or DS3 Loop or an unbundled DS1, DS3 or Dark Fiber transport
circuit when the order would be restricted based on the Wire Center d~signations
identified on the applicable Commission-Approved Wire Center List. Regarding
ordering after any additions are made to the initial Commission-Approved Wire
Center List, see Section 9.1.14.4. CLEC will transition such UNEs impacted by
the Commission-Approved Wire Center List as described in Section 9.1.14.
9.1.13.4 Upon receiving a request for access to a High Capacity Loop or
high capacity transport UNE pursuant to Section 9.1.13, Owest must immediately
process the request. Owest shall not prevent order submission and/or order
processing (such as via a system edit, or by requiring affirmation of the
information in the self-certification letter through remarks in the service request,
or through other means) for any such facilty on non-impairment grounds, unless
the Parties agree otherwise in an amendment to this Agreement. Regarding
ordering with respect to the initial Commission-Approved Wire Center List, see
Section 9.1.13.3, and regarding ordering after any additions are made to the
initial Commission-Approved Wire Center List, see Section 9.1.14.4. Regarding
changes in law, see Section 2.2.
9.1.13.4.1 To the extent that Owest seeks to challenge access to any
such UNE(s), it subsequently can raise that issue through the Dispute
resolution procedures in Section 5.18 of this Agreement. Regarding
Service Eligibility Criteria for High Capacity EELs, see Sections
9.23.4.2.1.3 and 9.23.4.3.
3
9.1.13.4.1.1 If Qwest seeks to challenge any such UNEs, it wil
provide written notice to CLEC of its request for Dispute
resolution.
9.1.13.4.1.2 If Qwest seeks to challenge any such UNEs, it wil
also provide CLEC with data to support its claim.
9.1.13.4.1.2.1 For Wire Centers: This may, in some
cases, be limited to providing a copy of a Commission
Approved Wire Center List, while in other cases the data
may be more extensive (such as data that allows CLEC to
identify the disputed circuits and other data upon which
Qwest relies). In the event of such a dispute, CLEC wil
also provide Qwest the data upon which it relies for its
position that CLEC may access the UNE.
9.1.13.4.1.2.2 For Caps:
9.1.13.4.1.2.2.1 With respect to disputes regarding
the caps described in Sections 9.2 and 9.6.2~3,
data that allows CLEC to identify all CLEC circuIts
relating to the applicable Route or Building
(including if available circuit identification (ID),
installation purchase order number (PaN), Local
Service Request identification (LSR ID), Customer
Name/Service Name, installation date, and service
address including location (LaC) information
(except any of the above, if it requires a significant
manual search), or such other information to which
the Parties agree). In the event of such a dispute,
CLEC wil also provide Qwest the data upon which
it relies for its position that CLEC may access the
UNE.
9.1.13.4.1.2.2.2 Notwithstanding anything in this
Section 9.1.13.4 that may be to the contrary, to the
extent that Qwest challenges access to any UNE(s)
on the basis that CLEC's access to or use of UNEs
exceeds the caps described in Sections 9.2 or
9.6.2.3 because CLEC has ordered more than ten
UNE DS1 Loops or more than the applicable
number of DS3 Loop circuits or UDIT circuits in
excess of the applicable cap on/a single LSR (or a
set of LSRs submitted at the same time for the
same address for which CLEC populates the
related paN field to indicate the LSRs are related),
Eschelon does not object to Qwest rejecting that
4
single LSR (or the set of LSRs that meets the
preceding description) on that basis. The means
by which Qwest wil implement rejection of such
orders is addressed in Section 9.1.13. Except as
provided in this Section 9.1.13.4.1.2.2.2, in all other
situations when Qwest challenges access to any
UNE(s) on the basis that CLEC's access to or use
of UNEs exceeds the caps described in Sections
9.2 or 9.6.2.3, Qwest must immediately process the
request and subsequently proceed with the
challenge as described in Section 9.1.13.4.1.
9.1.13.5 If the Parties agree or it is determined through Dispute resolution
that CLEC was not entitled to unbundled access to a particular UNE that is not
subject to one of the transition periods described in Section 9.1.14, or the
transition period has ended, CLEC wil place an order within thirty (30) Days to
either disconnect the UNE or convert such UNE to an alternative service
arrangement. Back biling for the difference between the rates for UNEs and
rates for the Qwest alternative service arrangements wil apply no earlier than the
later of: (1) the installation date; or (2) the effective date of the TRO or TRRO,
whichever is applicable.
9.1.13.5.1 With respect to the caps described in Sections 9.2 and
9.6.2.3, the back biling period described in Section 9.1.13.5 wil apply no
earlier than the later of: (1) the installation date; or (2) the effective date
of the TRO or TRRO, whichever is applicable; unless the Parties agree to
a different date or a different date is determined through Dispute
resolution.
9.1.13.5.2 For each such facility converted from a UNE to an alternative
service arrangement, Qwest wil, for at least three (3) years from the
effective date in the Wire Center Docket of the initial Commission-
Approveel Wire Center List, assess an effective net non-recurring charge
of $25 for each such facility converted from a UNE to an alternative
service arrangement. Qwest may assess a non-recurring charge in
excess of $25, so long as Qwest provides a clearly identified lump sum
credit within three (3) billing cycles that results in. an effective net non-
recurring charge of $25. No additional non-recurring charges apply, other
than OSS non-recurring charges if applicable pursuant to Section 12.7.
9.1.13.5.2.1 The Parties disagree as to the amount of the
applicable non-recurring charge after the three-year period
identified in this Section. Each Party reserves all of its rights with
respect to the amount of the charges after that date. Nothing in
this Agreement precludes a Party from addressing the non-
recurring charge after that three-year period. A different non-
recurring charge will apply, however, only to the extent authorized
by an applicable regulatory authority, or agreed upon by the
Parties, and reflected in an amendment to this Agreement
(pursuant to Section 2.2 and/or Section 5.30).
5
9.1.14 Transition periods. A transition period allows CLEC to transition away
from use of UNEs where they are not impaired. The transition plans described in this
Section apply only to the embedded End User Customer base. During the applicable
transition period, CLEC wil retain access to the UNE at the terms described in this
Section.
9.1.14.1 For a 12-month period beginning on March 11, 2005, any
DS1 Loop UNEs, DS3 Loop UNEs, DS1 Dedicated Transport UNEs, and
DS3 Dedicated Transport UNEs that CLEC leases from Qwest as of that
date, but which Qwest is not obligated to unbundle, shall be available for
lease from Qwest at a rate equal to the higher of (1) 115% of the rate
CLEC paid for the element on June 15, 2004, or (2) 115% of the rate the
Commission has established or establishes, if any, between June 16,
2004, and March 11, 2005, for that element.
9.1.14.1.1 Within ninety (90) Days of Commission approval of this
Agreement, notwithstanding any other provision in this
Agreement, Qwest shall back bil CLEC for such rate adjustment
for the time period for which the facilities were in place between
March 11, 2005 to March 10, 2006. Such back biling shall not be
subject to biling measurements and penalties (as identified in this
Agreement) on the grounds that such back biling was not
implemented earlier than ninety (90) Days after approval of this
Agreement.
9.1.14.2 For an 18-month period beginning on March 11, 2005, any
Dark Fiber Loop UNEs and Dark Fiber Dedicated Transport UNEs that
CLEC leases from Qwest as of that date shall be available for lease from
Qwest at a rate equal to the higher of (1) 115% of the rate CLEC paid for
the element on June 15, 2004, or (2) 115% of the rate the Commission
has established or establishes, if any, between June 16, 2004, and March
11, 2005, for that element.
9.1.14.2.1 Within ninety (90) Days of Commission approval of this
Agreement, notwithstanding any other provision in this
Agreement, Qwest shall back bil CLEC for such rate adjustment
for the time period for which the facilities were in place between
March 11, 2005 to September 10, 2006. Such back biling shall
not be subject to biling measurements and penalties (as identified
in this Agreement) on the grounds that such back biling was not
implemented earlier than ninety (90) Days after approval of this
Agreement.
9.1.14.3 Bridge Period from March 11, 2006 until Effective Date of this
Agreement.
9.1.14.3.1 Within ninety (90) Days of Commission approval of this
Agreement, notwithstanding any other provision in this
Agreement, for the period from March 11, 2006 until the Effective
Date of this Agreement, Qwest shall back bill retroactive to March
6
11, 2006 (or a later date, if a UNE became unavailable after that
date) for the time period for which the facilties were in place and
CLEC agrees to pay Owest pursuant to this Agreement the
difference between the UNE rate(s) and the applicable alternate
service rate(s) (such as Special Access Service rate( s)) on all
Loop and transport UNEs that were no longer required to be
offered by Owest as UNEs beginning March 11, 2006.
9.1.14.4 Additional Non-Impaired Wire Centers. When Owest files
a request(s) with the Commission to add additional Wire Center(s) to the
Commission-Approved Wire Center List, Owest will follow the procedures
for making such requests adopted by the Commission in the Wire Center
Docket. When additional Owest Wire Center(s) meet the relevant factual
criteria discussed in Sections V and Vi of the FCC's Triennial Review
Remand Order as reflected in this Agreement and the Commission adds
the Wire Center(s) to the Commission-Approved Wire Center List, the
terms of this Section will apply to facilities subject to the transition based
on any addition(s) to the Commission-Approved Wire Center List. Fifteen
(15) Days afterCommission-approval of addition(s) to that list, CLEC will
no longer order impacted High Capacity Loops, high capacity transport
UNEs, or Dark Fiber Loop and Dark Fiber Dedicated Transport UNEs in
(for loops) or between (for transport) those additional Wire Centers.
Owest and CLEC will work together to identify those circuits impacted by
such change.
9.1.14.41 Transition Periods for additions to the Commission-
Approved Wire Center List.
9.1.14.4.1.1 For a ninety (90) Day period beginning on the
effective date on which the Commission approves an
addition to the Commission-Approved Wire Center List,
any DS1 Loop UNEs, DS3 Loop UNEs, DS1 Dedicated
Transport UNEs, and DS3 Dedicated Transport UNEs that
CLEC leases from Owest as of that date, but which Owest
is not obligated to unbundle, shall be available for lease
from Owest at a rate equal to 115% of the UNE rates
applicable as of the effective date on which the
Commission adds the Wire Center to the Commission-
Approved Wire Center List.
9.1.14.4.1.2 For a one-hundred and eighty (180) Day
period beginning on the effective date on which the
Commission approves an addition to the Commission-
Approved Wire Center List, any Dark Fiber Loop UNEs and
Dark Fiber Dedicated Transport UNEs that CLEC leases
from Owest as of that date, but which Owest is not
obligated to unbundle, shall be available for lease from
Owest at a rate equal to 115% of the UNE rates applicable
as of the effective date on which the Commission adds the
Wire Center to the Commission-Approved Wire Center
List.
7
9.1.14.4.1.3 The 115% rate described in Sections
9.1.14.4.1.1 and 9.1.14.4.1.2 wil be applied to CLEC bils
on the following bill cycle, and may be applied as a manual
adjustment. Any manual bill adjustment for the time period
for which the facilities were in place wil be applied to each
account based on the Biling Telephone Number (BTN)
and/or Circuit (CKT) identification number per Biling
Account Number (BAN) with an effective bil date as of the
effective date on which the Commission adds the Wire
Center to the Commission-Approved Wire Center List.
9.1.14.4.2 Data. Qwest wil file supporting data with the
Commission when filing a request to obtain additional non-
impaired designations added to the Commission-Approved Wire
Center List. Qwest wil also provide a copy of the supporting data
pursuant to the terms of the applicable protective agreement/order
to CLEC if CLEC has signed the applicable protective
agreement/order (or is subject to any applicable standing
protective order put in place by the Commission).
9.1.14.4.2.1 If Qwest relies upon Fiber-Based Collocators
for its proposed non-impairment designation, the
supporting data provided to CLEC wil include at least the
information required by the Commission in the Wire Center
Docket.
9.1.14.4.2.2 If Qwest relies upon Switched Business Line
Count data for its proposed Non-Impairment Designation,
the supporting data provided to CLEC will include at least
the information required by the Commission in the Wire
Center Docket.
9.1.14.4.3 Methodology: The Parties agree to use the
methodology for non-impairment or tier designations adopted by
the Commission in the Wire Center Docket.
9.1.14.5 If it is determined by CLEC and Qwest that CLEC's access to or
use of UNEs exceeds the caps described in Sections 9.2 and 9.6.2.3,
CLEC has thirty (30) Days to convert such UNEs to alternate service
arrangements and CLEC is subject to back billing for the difference
between rates for the UNEs and rates for the Qwest alternate service
arrangements.
9.1.14.6 For each such facility converted from a UNE to an alternative
service arrangement, Qwest wil, for at least three (3) years from the
effective date in the Wire Center Docket of the initial Commission-
Approved Wire Center List, assess an effective net non-recurring charge
of $25 for each such facility converted from a UNE to an alternative
service arrangement. Qwest may assess a non-recurring charge in
excess of $25, so long as Qwest provides a clearly identified lump sum
8
credit within three (3) billng cycles that results in an effective net non-
recurring charge of $25. No additional non-recurring charges apply, other
than ass non-recurring charges if applicable pursuant to Section 12.7.
9.1.14.6.1 The Parties disagree as to the amount of the
applicable non-recurring charge after the three-year period
identified in this Section. Each Party reserves all of its rights with
respect to the amount of the charges after that date. Nothing in
this Agreement precludes a Party from addressing the non-
recurring charge after that three-year period. A different non-
recurring charge wil apply, however, only to the extent authorized
by an applicable regulatory authority, or agreed upon by the
Parties, and reflected in an amendment to this Agreement
(pursuant to Section 2.2 and/or Section 5.30).
9.1.15 If CLEC has not converted or disconnected a UNE facility that the
Parties agree, or it is determined in Dispute resolution that the facility, should
be converted or disconnected by the end of the applicable transition period
described in Sections 9.13 and 9.14, Qwest wil convert facilities to month-to-
month service arrangements in Qwests FCC No. 1 Tariff or, for Dark Fiber
facilities, begin the disconnect process after reasonable notice to CLEC
sufficiently identifying the Dark Fiber facility(ies) to be disconnected. If such a
facilty is disconnected, the applicable disconnection charge in Exhibit A, if any,
will apply. Qwest and CLEC wil work together to identify impacted facilities.
9.1.15.1 If Qwest believes or asserts that a particular UNE's availabilty
status has changed, Qwest shall notify CLEC of Qwests claim and the
basis for the claim and upon request, provide sufficient data to enable
CLEC to identify and agree upon any impacted facilty(ies). If the Parties
do not reach agreement, Qwest must continue to provide the UNEto
CLEC until the Dispute is resolved. See Section 9.1.14.
9.1.15.2 If Qwest converts a facility to an analogous or alternative
service arrangement pursuant to Section 9.1.15, the terms and
conditions of this Section 9.1.15.2 wil apply.
9.1.15.2.1 For each such facility converted from a UNE to
an alternative service arrangement, Qwest wil, for at least
three (3) years from the effective date in the Wire Center
Docket of the initial Commission-Approved Wire Center
List, assess an effective net non-recurring charge of $25
for each such facility converted from a UNE to an
alternative service arrangement. Qwest may assess a
non-recurring charge in excess of $25, so long as Qwest
provides a clearly identified lump sum credit within three
(3) biling cycles that results in an effective net non-
recurring charge of $25. No' additional non-recurring
charges apply, other than ass non-recurring charges if
applicable pursuant to Section 12.7.
9
9.1.15.2.1.1 The Parties may disagree as to the
amount of the applicable non-recurring charge after
the three-year period identified in this Section.
Each Party reserves all of its rights with respect to
the amount of the charges after that date. Nothing
in this Agreement precludes a Party from
addressing the non-recurring charge after that
three-year period. A different non-recurring charge
wil apply, however, only to the extent authorized by
an applicable regulatory authority, or agreed upon
by the Parties, and reflected in an amendment to
this Agreement (pursuant to Section 2.2 and/or
Section 5.30).
9.1.15.2.2 The Parties will complete the transition of facility(ies)
using a seamless process that does not affect the End User
Customer's perception of service quality. The Parties wil establish
and abide by any necessary operational procedures to ensure
Customer service quality is not affected by conversions.
10
ATTACHMENT D
Triennial Review Remand Order ("TRRO") Wire Center Amendment
to the Interconnection Agreement between
~est Corporation aiid
(__i for the State of_i
This is an Amendment ("Amendment") to reflect the results of certain Wire Center
Dockets in the In~erconnec!¡!~~ww~iië~~,~,Q'ent between Owest Corporation ("Owest"), a
Coloradocorporation, and .__i ("CLEC"). CLEC and Owest shall be known
jointly as the "Parties."
RECITALS
WHEREAS, CLEC and Owest entered into an Interconnection Agreement (such
~~~e~~~~c~~i~~ ~~~e:~~;t~~s amended to e~~hb~~; r:~e;;~~e~ ~~ t~:e" .i._
Commission ("Commission") on as referenced in Docket No.
; and
WHEREAS, the Federal Communications Commission ("FCC") issued its Report and
Order, In the Matter of Review of the Section 251 Unbundling Obligations of Incumbent
Local Exchange Carriers; Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capabilty, CC Docket Nos. 01-338, 96-98 and 98-147 (effective
October 2,2003) ("TRO"); and, on February 4,2005, the FCC released the Review of
the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, Order
on Remand (effective March 11, 2005) (Triennial Review Remand Order) (FCC 04-290)
("TRRO"); and
WHEREAS the Parties are in negotiations regarding interconnection agreement
language addressing terms of the TRRO; and
WHEREAS, on or about February 15, 2006, certain CLECs (collectively referred to as
"Joint CLECs"), including in some states CLEC, filed requests with the state
commissions in Arizona, Colorado, Minnesota, Oregon, and Utah asking that the state
commissions, in accordance with the TRRO, develop and approve a list of non-impaired
wire centers and a process for future updates of the wire center list; and
WHEREAS, the aforementioned state Commissions opened the following dockets in
response to these filings: Arizona (Docket Nos.T-03632A-06-0091; T-03267A-06-0091;
T -04302A-06-0091; T -03406A-06-0091; T -03432A-06-0091; and T -010518-06-0091),
Colorado (Docket No. 06M-080T), Minnesota (Docket Nos. P-5692,5340, 5643, 5323,
465, 6422/M-06-211), Oregon (Docket No. UM 1251), and Utah (Docket No. 06-049-40);
WHEREAS, the Washington Utilities and Transportation Commission (WUTC)
investigated Owests initial non-impairment list in an existing docket (number UT-
053025) established to review the impacts of the TRRO on local competition; and
1
WHEREAS, on March 3, 2006, Qwest also petitioned for a Commission investigation
and expedited proceeding to verify Qwest wire center data, address the nonrecurring
conversion charge, establish a process for future updates of the wire center list, address
related issues; and bind all CLECs; and
WHEREAS, the Parties wish to amend the Agreement to reflect certain terms resulting
from the publicly fied settlement of issues in the Wire Center Dockets ("Settlement
Agreement") and agree to do so under the terms and conditions contained in this
Amendment.
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:
I. Amendment Terms
1.0 DEFINITIONS
The following definitions apply for purposes of this Amendment:
"Commission-Approved Wire Center List" means a list approved by the Commission in a
Wire Center Docket(s) that identifies DS1 and DS3 Unbundled Loop facilities that are
non-impaired and, regarding DS1, DS3, and Dark Fiber unbundled transport facilities,
identifies non-impairment designations based on Wire Center Tier Designation(s).
"Non-Impaired Facilties" are those network elements identified in an applicable FCC
order as no longer available as unbundled network elements ("UNEs") under 47 U.S.C.
§ 251 (c)(3) as reflected in this Agreement based on non-impairment or tier designations
and that have been reviewed and approved by the Commission using the process and
methodology ordered in a Wire Center Docket.
"Non-Impaired Wire Center" is a Wire Center that the Commission finds meets the loop
thresholds identified in CFR 47 §51.319(a)(4)(i) for DS1 Loops, or the loop thresholds
identified in CFR 47 §51.319(a)(5)(i) for DS3 Loops, or the Tier 1 or Tier 2 Wire Centers
designations as defined in §51.319(e)(3) and that is identified on a Commission-
Approved Wire Center List.
2
3
2.0 Unbundled Network Elements (UNE) General
The Agreement is amended as follows:
2.0.A Whether a high capacity loop or high capacity transport UNE is
unavailable, and the date upon which it becomes unavailable, based on non-
impairment wire center designations have been or wil be determined by the
Commission in a Wire Center Docket. The Parties wil follow any procedures
established by the Commission in the Wire Center Docket with respect to
exchange of data and Confidential Information and updating the Commission-
Approved Wire Center List. For Non-Impaired Facilities identified using the initial
Commission-Approved Wire Center List, CLEC wil not order an unbundled DS1
or DS3 Loop or an unbundled DS1, DS3 or Dark Fiber transport circuit when the
order would be restricted based on the Wire Center designations identified on the
applicable Commission-Approved Wire Center List. Regarding ordering after any
additions to the initial Commission-Approved Wire Center List, see Section 2.0.F
of this Amendment.
2.0.A.1 Effective Dates.
2.0.A.1.1 Julv 8. 2005: The Effective Date of Non-Impairment
Designations filed in 2005 after Owests initial February 18, 2005
filng and identified in the final column of Attachment A shall be
July 8, 2005.
2.0.A.1.2 Thirt (30) Days After the Effective Date of the
Settlement Agreement in the Wire Center Docket: The
Effective Date of Non-Impairment Designations for the Denver
East and Colorado Springs Main Wire Centers shall be 30 days
following the Effective Date of the Commission order approving
the Settlement Agreement in the Wire Center Docket.
2.0.A.2 Transition periods. A transition period allows CLEC to transition
away from use of UNEs where they are not impaired. The transition
plans described in this Section apply only to the embedded End User
Customer base. During the applicable transition period, CLEC wil retain
access to the UNE at the terms described in this Section.
2.0.A.2.1 For a 12-month period beginning on March 11, 2005,
any DS1 Loop UNEs, DS3 Loop UNEs, DS1 Dedicated Transport
UNEs, and DS3 Dedicated Transport UNEs that CLEC leases
from Owest as of that date, but which Owest is not obligated to
unbundle, shall be available for lease from Owest at a rate equal
to the higher of (1) 115% of the rate CLEC paid for the element on
June 15, 2004, or (2) 115% of the rate the Commission has
4
established or establishes, if any, between June 16, 2004, and
March 11, 2005, for that element.
2.0.A.2.2 For an 18-month period beginning on March 11, 2005,
any Dark Fiber Loop UNEs and Dark Fiber Dedicated Transport
UNEs that .CLEC leases from Qwest as of that date shall be
available for lease from Qwest at a rate equal to the higher of (1)
115% of the rate CLEC paid for the element on June 15, 2004, or
(2) 115% of the rate the Commission has established or
establishes, if any, between June 16, 2004, and March 11, 2005,
for that element.
2.0.A.2.3 For Non-Impaired Facilities identified using the initial
Commission-Approved Wire Center List, CLEC wil convert such
Non-Impaired Facilities according to the timeframes identified in
this Section 2.0.A.2.3. Qwest and CLEC wil work together to
identify those circuits impacted by such a change.
2.0.A.2.3.1 When the Commission has approved
additional DS1 and DS3 loop or high capacity transport
UNE non-impairment designations as described in Section
2.0.A for the initial Commission-Approved Wire Center List,
CLEC wil have ninety (90) days from the effective date of
the order in which the Commission approves the initial
Commission-Approved Wire Center List to transition the
applicable Non-Impaired Facilties to an alternative service.
2.0.A.2.3.2 When the Commission approves additional
Dark Fiber transport non-impairment Designations as
described in Section 2.0.A for the initial Commission-
Approved Wire Center List, CLEC wil have one-hundred
and eighty (180) days from the effective date of the order
in which the Commission approves the initial Commission-
Approved Wire Center List to transition to an alternative
arrangement.
2.0.B Upon receiving a request for access to a high capacity loop or high
capacity transport UNE, Qwest must immediately process the request. Qwest
shall not prevent order submission and/or order processing (such as via a system
edit, or by requiring affirmation of the self-certification letter information through
remarks in the service request, or through other means) for any such facilty,
unless the Parties agree otherwise in an amendment to the Agreement.
Regarding ordering with respect to the initial Commission-Approved Wire Center
List, see Section 2.0.A, and regarding ordering after any additions are made to
the initial Commission-Approved Wire Center List, see Section 2.0.F. For
changes of law, the Parties agree that the change of law provisions contained in
the Agreement wil apply.
2.0.C Intentionally Left Blank.
5
2.0.D For high capacity loops and high capacity transport UNEs, Qwest wil for
a period of at least three (3) years from the effective date of a Commission order
approving the Settlement Agreement in a Wiie Center Docket, assess an
effective net non-recurring charge of $25 for each facilty converted from a UNE
to an alternative service arrangement, as shown in Exhibit A to this Amendment.
Qwest may assess a non-recurring conversion charge in excess of $25 so long
as Qwest provides a clearly identified lump sum credit within three (3) biling
cycles that results in an effective net non-recurring charge of $25. No additional
non-recurring charges apply, other than OSS non-recurring charges if applicable.
Qwest shall not impose any recurring or nonrecurring ass charges unless and
until the Commission authorizes Qwest to impose such charges and/or approves
applicable rates at the completion of appropriate cost docket proceedings.
2.0.D.1 The Parties may disagree as to the amount of the applicable
non-recurring èharge after three years from the Effective Date of the
Settlement Agreement, and each Party reserves all of its rights with
respect to the amount of charges after that date. Nothing in this
Agreement precludes a Party from addressing charges after three years
from the Effective Date of the Settlement Agreement. A different non-
recurring charge wil apply, however, only to the extent authorized by an
applicable regulatory authority, or agreed upon by the Parties and
reflected in an amendment to the Agreement.
2.0.E For high capacity loops and high capacity transport UNEs, Qwest will also
provide a clearly identified lump sum credit of $25 per converted facility to CLEC,
if CLEC has converted Non-Impaired Facilities pursuant to the TRRO before the
effective date of a Commission order approving the Settlement Agreement in the
Wire Center Docket and paid a $50 non-recurring conversion charge. Qwest and
the CLEC wil work together to identify the applicable disconnected/converted
circuit to ensure that the disconnected/converted circuit is included in the lump-
sum credit described above. CLEC and Qwest agree to promptly provide
available documentation necessary to verify the amount to be refunded pursuant
to this Paragraph for any such disconnected circuits and wil work in good faith in
an effort to identify applicable circuits and resolve disputes, if any, through
informal means prior to initiating any other rights or remedies. Available
documentation may include, for example, copies of bils or identifying information
such as circuit identification number, depending on the circumstances. CLEC wil
not be required to provide a copy of the disconnection order as a condition of
including the disconnected circuit in the lump sum credit provided under this
Paragraph.
2.0.F Additional Non-Impaired Wire Centers. When Qwest files a request(s) to
add additional Wire Center(s) to the Commission-Approved Wire Center List,
Qwest wil follow the procedures for making such requests approved by the
Commission in the Wire Center Docket. If the Commission adds the Wire
Center(s) to the Commission-Approved Wire Center List, fifteen (15) Days after
Commission-approval of addition(s) to that list, CLEC will no longer order
impacted High Capacity Loops, high capacity transport UNEs, or Dark Fiber Loop
and Dark Fiber Dedicated Transport UNEs in (for loops) or between (for
transport) those additional Wire Centers. Qwest and CLEC wil work together to
identify those circuits impacted by such change.
6
2.0.F.1 Length of Transition Period for Additional Non-ImpairmentDesignations. .
2.0.F.1.1 When the Commission approves additional DS1 and
DS3 loop or high capacity transport UNE non-impairment
designations as described in Section 2.0.F, CLEC wil have ninety
(90) days from the effective date of the order in which the
Commission approves the addition to the Commission-Approved
Wire Center List to transition the applicable Non-Impaired
Facilties to an alternative service.
2.0.F.1.2 When the Commission approves additional Dark Fiber
transport non-impairment Designations as described in Section
2.0.F, CLEC wil have one-hundred and eighty (180) days from the
effective date of the order in which the Commission approves the
addition to the Commission-Approved Wire Center List to
transition to an alternative arrangement. awest and CLEC wil
work together to identify those circuits impacted by such a
change.
2.0.F.2 Rate During Transition Period for Additional Non-Impairment
Designations.
2.0.F.2.1 For a ninety (90) day period beginning on the
effective date on which the Commission approves an addition to
the Commission-Approved Wire Center List, any DS1 Loop UNEs,
DS3 Loop UNEs, DS1 Dedicated Transport UNEs, and DS3
Dedicated Transport UNEs that CLEC leases from awest as of
that date, but which awest is not obligated to unbundle, shall be
available for lease from awestat a rate equal to 115% of the UNE
rates applicable as of the effective date on which the Commission
adds the Wire Center to the Commission-Approved Wire Center
List.
2.0.F.2.2 For a one-hundred and eighty (180) day period
beginning on the effective date on which the Commission
approves an addition to the Commission-Approved Wire Center
List, any Dark Fiber Dedicated Transport UNEs that CLEC leases
from awest as of that date, but which awest is not obligated to
unbundle, shall be available for lease from awest at a rate equal
to to 115% of the UNE rates applicable as of the effective date on
which the Commission adds the Wire Center to the Commission-
Approved Wire Center List.
2.0.F.2.3 The 115% rate described in Sections 2.0.F.2.1 and
2.0.F.2.2 wil be applied to CLEC bills on the following bill cycle,
and may be applied as a manual adjustment. Any manual bil
adjustment for the time period for which the facilities were in place
wil be applied to each account based on the Biling Telephone
Number (BTN) and/or Circuit (CKT) identification number per
Biling Account Number (BAN) with an effective bil date as of the
7
effective date on which the Commission adds the Wire Center to
the Commission-Approved Wire Center List.
2.0.F.2A The non-recurring conversion charge is addressed
in Section 2.0.D of this Amendment.
2.0.F.3 Data. Owest will file supporting data with the Commission
when filing a request to obtain additional non-impaired
designations added to the Commission-Approved Wire Center
List. Owest wil also provide a copy of the supporting data
pursuant to the terms of the applicable protective agreement/order
to CLEC if CLEC has signed the applicable protective
agreement/order (or is subject to any applicable standing
protective order put in place by the Commission).
2.0. F.3.1 If Owest relies upon Fiber-Based Collocators for
its proposed non-impairment designation, the supporting
data provided to CLEC wil include at least the information
required by the Commission in the Wire Center Docket.
2.0. F.3.2 If Owest relies upon Switched Business Line
Count data for its proposed Non-Impairment Designation,
the supporting data provided to CLEC wil include at least
the information required by the Commission in the Wire
Center Docket.
2.0.FA Methodology: The Parties agree to use the methodology
for non-impairment or tier designations adopted by the
Commission in the Wire Center Docket.
II. Effective Date and Reservation of Rights
This Amendment shall be deemed effective upon approval by the Commission; however,
the Parties agree to implement the provisions of this Amendment upon execution.
The Parties, which are in negotiations regarding interconnection agreement language
addressing terms of the TRRO, reserve their rights as to TRRO terms not set forth in this
Amendment.
II. Further Amendments
Except as modified herein, the provisions of the Agreement, including the TRRO
Amendment, shall remain in full force and effect. Except as provided in the Agreement,
this Amendment may not be further amended or altered, and no waiver of any provision
thereof shall be effective, except by written instrument executed by an authorized
representative of both Parties.
8
iv. Entire Agreement
Other than the publicly filed Agreement, its Amendments, and the publicly filed
Settlement Agreement in the Wire Center Docket, Qwest and CLEC have no agreement
or understanding, written or oral, relating to the subject of this Amendment. The publicly
filed Settlement Agreement in the Wire Center Docket is not intended to alter or amend
the Agreement.
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.
Signature Blocks
9
STATE OF MINNSOTA
OFFCE OF ADMISTRTIVE HEARIGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
VIA E-MAIL AND U.S. MAIL
TELEPHONE: [phone]
TT: [phone]
June 28, 2006
!) S
To: All Parties on the Attached Service List
Re: In the Matter of CLECS' Request for Commission
Approval of ILEC Wire Center Impairment Analysis
PUC Docket Nos. P-5692, 5340, 5643, 5323, 465, 6422/M-06-211
and
In the Matter of a Commission Investigation 'Identifying
Wire Centers in which Qwest Corporation Must Offer
High-Capacity Loop or Transport UNEs at Cost-Based
Rates
PUC Docket No. P-999/CI-06-685
OAH Docket No. 11-2500-17274-2
Based upon recent e-mail communications from counsel in this matter, it is my
understanding that the parties all concur in the use of the draft Protective Order I sent
you last week. Accordingly, I have signed that Protective Order, and a copy is hereby
served upon each of you.
Sincerely,
~~.. L. r-~~
BARBARA L. NEILSON
Administrative Law Judge
Telephone: [phone]
Enc!.
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Division & Administrative Services
Facsimile: [phone]
Workers' Compensation Hearings Divsion
Facsimile: [phone]
Workers' Compensation Setlement Division
Facsimile: [phone]
OAR Docket No. 11-2500-17274-2
MPUC Docket No. P-5692, 5340, 5323,465, 6422/M-Q6-211
MPUC Docket No. P-999/Ci-Q6-685
In the Matter of CLECs' Request for Commssion Approval
of ILEC Wire Center Impairment Analysis
and
In the Matter of a Commssion Investiation Identiying
Wire Centers in which Qwest Corporation Must Ofer
High-Capacity Loop or Transport UNs at Cost-Based Rates
Administative Law Judge's Servce List as of June 28, 2006
Commsion and Admnitrative Law Judge
Dr. Burl W. Haa (15) John J. Lindell
Executive Secreta Analyst
Public Utilities Commission Public Utilities Commssion
Suite 350 Suite 350
121 Seventh Place East 121 Seventh Place East
St. Paul" MN55101-2147 St. Paul, MN 55101-2147
Partes
Linda Chavez (4)
Telephone Docketing
Coordintor
Deparent of Commerce
Suite 500
85 Seventh Place East
S1. Paul, MN 55101-2198
Dan Lipschultz
Attorney at Law
Moss & Barett, P .A.
Suite 4800
90 South Seventh Street
Minneapolis, MN 55402-4129
Court Reporter
Janet Shaddix Ellng
Shaddix & Associates
Suite 122
9100 W. Bloomington
Freeway
Bloomington, MN 55431
Karen A. Fintad Hamel
Assistat Attorney Generl
Suite 1500
445 Minnesota Street
S1. Paul, MN 55101
Joy Gullkson
Corporate Counsel
Onvoy, Inc.
Suite 700
300 South Highway 169
Minneapolis, MN 55426
Barbar L. Neilson (Orgil)
Offce of Administrative
Heargs
Suite 1700
100 Washigton Squae
Minneapolis, MN 55401-2138
Joan C. Peteron
Jason D. Topp
Corporate Counsel
Qwest Corporation
Roorn2200
200 South Fifth Street
Minneapolis, MN 55402
Mar T. Buley
Sr. Regulatory Manger
Onvoy, Inc.
Suite 700
300 South Highway 169
Minneapolis, MN 55426
Emai service lit
Partes Cour Reporter
burl.haar~state.rn.us
john.lindell~state.mn.us
barbara.neilson~state.rn.us
karen.hael~state.mn.us
linda.chavez(state.rn. us
joan.peterson~qwest.com
jason. topp~qwest.com
Lipschultz~moss-barett.com
joy.gullkson~onvoy.com
ma.buley~onvoy.com
jshaddix(Ðanetshaddix.com
STATE OF MINNESOTA
BEFORE THE PUBLIC UTILITIES COMMISSION
LeRoy Koppendrayer
Marshall Johnson
Phylls A. Reha
Kenneth A. Nickolai
Thomas Pugh
Chair
Commissioner
Commissioner
Commissioner
Commissioner
In the Matter of CLECs' Request for
Commission Approval of ILEC Wire Center
Impairment Analysis
In the Matter of a Commission
Investigation Identifying Wire Centers in
which Qwest Corporation Must Offer High-
Capacity Loop or Transport UNEs at Cost-
Based Rates
MPUC Docket No. P-5692, 5340,
5643, 5323, 465, 6422/M-06-211
MPUC Docket No. P-999/CI-06-685
OAH Docket No. 11-2500-17274-2
PROTECTIVE ORDER
The purpose of this Protective Order ("Ordet') is to faciltate the disclosure of
documents and information during the course of these proceedings arid to protect
Confidential Information and Highly Confidential Information. Access to and review of
Confidential Information and Highly Confidential Information by parties other than
government agencies shall be strictly controlled by the terms of this Order. The parties
other than government agencies have represented and agree that Confidential
Information and Highly Confidential Information as defined in this Order constitute "trade
secret information" under Minn. Stat. § 13.37, subd. 1(b), and "non public data" under
Minn. Stat. § 13.02, subd. 9. The parties other than government agencies have
acknowledged that the government agencies involved in this docket, which include the
Minnesota Public Utilties Commission ("Commission"), the Ofice of Administrative
Hearings ("OAH"), the Minnesota of Commerce ("Department"), and the Offce of
Attorney General ("OAG") and Offce of Attorney General-Residential ~nd Small
Business Utilties Division ("OAG-RUD") are subject to the Minnesota Government Data
Practices Act ("MGDPA")1 and records retention requirements of Minn. Stat.
§§ 138.163-138.226. The parties other than government agencies, which parties are
hereinafter referred to as "parties", "persons" or "entities" have further agreed to the
terms of paragraphs one through twelve below, and, upon that agreement, and all the
files, records and proceedings herein, it is hereby ordered:
1. (a) Confidential Information. All documents, data, studies and other
materials furnished pursuant to any requests for information, subpoenas or other modes
of discovery (formal or informal), and including depositions, and other requests for
information, that are claimed to be of a trade secret, proprietary or confidential nature
(herein referred to as "Confidential Information"), shall be so marked by the providing
party by starnping the same with a "NONPUBLIC DOCUMENT - CONTAINS TRADE
SECRET DATA" designation. All copies of documents so marked shall be made on
yellow paper. In addition, all notes or other materials that refer to, derive from, or
otherwise contain parts of the Confidential Information wil be marked by the receiving
party as "NONPUBLIC DOCUMENT - CONTAINS TRADE SECRET DATA." Access to
and review of Confidential Information shall be strictly controlled by the terms of this
Order.
1 Mi. Stat. Chapter 13.
(b) Use of Confidential Information - Proceedings. All persons who
may be entitled to review, or who are afforded access to any Confidential Information by
reason of this Order shall neither use nor disclose the Confidential Information for
purposes of business or competition, or any purpose other than the purpose of
preparation for and conduct of proceeding in the above-captioned docket or before the
Federal Communications Commission ("FCC"), and all subsequent appeals
("proceedings"), and shall keep the Confidential Information secure as trade secret,
confidential or proprietary information and in accordance with the purposes, intent and
requirements of this Order.
(c) Persons Entitled to Review. Each part that receives Confidential
Information pursuant to this Order must limit access to such Confidential Information to
(1) attorneys employed or retained by the part in proceedings and the attorneys' staff;
(2) experts, consultants and advisors who need access to the material to assist the
party in proceedings; (3) only those employees of the part who are directly involved in
these proceedings, provided that counsel for the party represents that no such
employee is engaged in the sale or marketing of that party's products or services. In
addition, access to Confidential Information may be' provided to the government
agencies, their counsel, employees, consultants and experts.
(d) Nondisclosure Agreement. Any part, person, or entity that
receives Confidential Information pursuant to this Order shall not disclose such
Confidential Information to any person, except persons who are described in section
1(c) above and who have signed a nondisclosure agreement in the form which is
attached hereto and incorporated herein as Exhibit A. Court reporters whose activities
The part destroying such Confidential Information shall advise the providing party of
that fact within a reasonable time from the date of destruction.
3. Highly Confidential Trade Secret Information. Any person, whether a
party or non-part, may designate certain competitive Confidential Information as
"Highly Confidential Trade Secret Information" (herein referred to as "Highly Confidential
Information") if it determines in good faith that it would be competitively disadvantaged
by the disclosure of such information to its competitors. Highly Confidential Information
includes, but is not limited to, documents, pleadings, briefs and appropriate portions of
deposition transcripts, which contain information regarding the market share of, number
of access lines served by, or number of customers receiving a specified type of service
from a particular provider or other information that relates to marketing, business
planning or business strategies.
Parties must scrutinize carefully responsive documents and information and limit
their designations as Highly Confidential Information to information that truly might
impose a serious business risk if disseminated without the heightened protections
provided in this section. The first page and individual pages of a document determined
in good faith to include Highly Confidential Information must be marked bya stamp that
reads:
NONPUBLIC HIGHLY CONFIDENTIAL TRADE SECRET
INFORMATION-USE RESTRICTED PER PROTECTIVE ORDER
IN MPUC DOCKET NOS. P-5692, 5340, 5643, 5323, 465, 6422/M-06-211
AND P-999/CI-06-685
Placing a "Highly Confidential" stamp on the first page of a document indicates only that
one or more pages contain Highly Confidential Information and wil not serve to protect
the entire contents of a multi-page document. Each page that contains Highly
Confidential Information must be marked separately to indicate Highly Confidential
Information, even where that information has been redacted. The redacted versions of
each page containing Highly Confidential Information, and provided under seal, should
be submitted on paper distinct in color from non-confidential information and
Confidential Information described in section 1 of this Protective Order.
Parties seeking disclosure of Highly Confidential Information must designate the
person(s) to whom they would like the Highly Confidential Information disclosed in
advance Qf disclosure by the providing party. Such designation may occur through the
submission of Exhibit B of the nondisclosure agreement identified in section 1 (d).
Parties seeking disclosure of Highly Confidential Information shall not designate more
than (1) a reasonable number of in-house attomeys who have direct responsibilty for
matters relating to Highly Confidential Information; (2) five in-house experts; and (3) a
reasonable number of outside counsel and outside experts to review materials marked
as Highly ConfidentiaL. Disclosure of Highly Confidential Information to Commissioners,
Hearing Offcers and Commission Advisory Staff members shall be limited to persons to
whom disclosure is necessary. The Exhibit B also shall describe in detail the duties or
responsibilities of the person being designated to see Highly Confidential Information
and the person's role in the proceeding. Highly Confidential Information may not be
disclosed to persons engaged in strategic or competitive decision making for any party,
including the sale or marketing of products or services on behalf of any part.
Any part providing either Confidential Information or Highly Confidential
Information may object to the designation of any individual as a person who may review
Confidential Information and/or Highly Confidential Information. Such objection shall be
made in writing to counsel submitting the challenged individual's Exhibit A or B within
three (3) business days after receiving the challenged individual's'signed Exhibit A or B.
Any such objection must demonstrate good cause to exclude the challenged individual
from the review of the Highly Confidential Information. Written response to any
objection shall be made within three (3) business days after receipt of an objection. If,
after receiving a written response to a party's objection, the objecting party stil objects
to disclosure of either Confidential Information or Highly Confidential Information to the
challenged individual, the Commission shall determine whether Confidential Information
or Highly Confidential Information must be disclosed to the challenged individuaL.
Copies of Highly Confidential Information may be provided to the in-house
attorneys, in-house consultants, outside counsel and outside experts who have signed
Exhibit B, and to the Department and OAG-RUD, their employees and counsel, and to
their consultants and experts who have signed Exhibit B.
Persons authorized to review the Highly Confidential Information wil maintain the
documents and any notes reflecting their contents in a secure location to which only
designated counsel and experts have access. No additional copies wil be made,
except for use during hearings and then such disclosure and copies shall be subject to
the provisions of this Order. Any testimony or exhibits prepared that reflect Highly
Confidential Information must be maintained in a secure location until removed to the
hearing room for production under seaL. Unless specifically addressed in this section,
all other sections of this Protective Order applicable to Confidential Information also
apply to Highly Confidential Information.
4. Small Company. Notwithstanding anything to the contrary in this Order,
..
document, data or study shall be made by a Hearing Offcer after proceedings in
camera. which shall be conducted under circumstances such that only those persons
duly authorized hereunder to have access to such Confidential materials shall be
present. This hearing shall commence no earlier than five (5) business days after
service on the providing part of the pleading required by section 7(b) above.
(d) The record of said in camera hearing shall be marked
"CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER IN MPUC DOCKET NOS.
P-5692, 5340. 5643. 5323, 465, 6422/M-06-211 AND P-999/CI-06-685." Court reporter
notes of such hearing shall be transcribed only upon agreement by the parties or order
of the Hearing Offcer and in that event shall be separately bound. segregated. sealed,
and withheld from inspection by any person not bound by the terms of this Order.
(e) In the event that the Hearing Offcer should rule that any
information, document, data or study should be removed from the restrictions imposed
by this Order, no part shall disclose such information, document, data or study or use it
in the public record for five (5) business days unless authorized by the providing part to
do so. The provisions of this subsection are intended to enable the providing party to
seek a stay or other relief from an order removing the restriction of this Order from
materials claimed by the providing party to be ConfidentiaL.
8. (a) Receipt into Evidence. Provision is hereby made for receipt into
evidence in this proceeding materials claimed to be confidential in the following manner:
(i) Prior to the use of, or substantive reference to, any
Confidential or Highly Confidential Information, the parties intending to use such
information shall make that intention known to the providing party.
(ii) The requesting party and the providing party shall make a
good-faith effort to reach an agreement so the information can be used in a manner
which wil not reveal its trade secret, confidential or proprietary nature.
(iii) If such efforts fail, the providing party shall separately
identify which portions, if any, of the documents to be offered or referenced shall be
placed in a sealed record.
(iv) Only one (1) copy of the documents designated by the
providing party to be placed in a sealed record shall be made.
(v) The copy of the documents to be placed in the sealed record
shall be tendered by counsel for the providing part to the Commission, and maintained
in accordance with the terms of this Order.
(b) SeaL. While in the custody of the Commission, materials containing
Confidential Information shall be marked "CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER IN MPUC DOCKET NOS. P-5692, 5340, 5643, 5323, 465,
6422/M-06-211 AND P-999/CI-06-685" and Highly Confidential Information shall be
marked "HIGHLY CONFIDENTIAL - USE RESTRICTED PER PROTECTIVE ORDER
IN MPUC DOCKET NOS. P-5692, 5340, 5643, 5323, 465, 6422/M-06-211 AND P-
999/CI-06-685," and shall not be examined by any person except under the conditions
set forth in this Order.
(c) In Camera Hearing. Any Confidential or Highly Confidential
Information that must be orally disclosed to be placed in the sealed record in this
proceeding shall be offered in an in camera hearing, attended only by persons
authorized to have access to the information under this Order. Similarly, any cross-
examination on, or substantive reference to, Confidential or Highly Confidential
Information (or that portion of the record containing Confidential or Highly Confidential
Information or references thereto) shall be received in an in camera hearing, and shall
be marked and treated as provided herein.
(d) Access to Record. Access to sealed testimony, records and
. information shall be limited to the Hearing Offcer and persons who are entitled to
review Confidential or Highly Confidential Information pursuant to section 1 (c) above
and have signed an Exhibit A or B, unless such information is released from the
restrictions of this Order either through agreement of the parties or after notice to the
parties and hearing, pursuant to the ruling of a Hearing Ofcer, the order of the
Commission and/or final order of a court having final jurisdiction.
(e) Appeal/Subsequent Proceeding. Sealed portions of
the record in
this proceeding may be forwarded to any court of competent jurisdiction for purposes of
an appeal, or to the FCC, but under seal as designated herein for the information and
use of the court or the FCC. If a portion of the record is forwarded to a court or the
FCC, the providing party shall be notified which portion of the sealed record has been
designated by the appealing party as necessary to the record on appeal or for use at
the FCC.
(f) Return. Unless otherwise ordered, Confidential Information and
Highly Confidential Information, including transcripts of any depositions to which a claim
of confidentiality is made, shall remain under seal, shall continue to be subject to the
protective requirements of this Order, and shall be returned to counsel for the providing
party within thirty (30) days after final settlement or conclusion of the proceedings. If the
providing part elects to have Confidential Information or Highly Confidential Information
destroyed rather than returned, counsel of the receiving party shall verify in writing that
the material has in fact been destroyed.
9. Use in Pleadings. Where references to Confidential or Highly Confidential
Information in the sealed record or with the providing party is required in pleadings,
briefs, arguments or motions (except as provided in section 7), it shall be by citation of
title or exhibit number or some other description that wil not disclose the substantive
Confidential Information contained therein. Any use of or substantive references to
Confidential or Highly Confidential Information shall be placed in a separate section of
the pleading or brief and submitted to the Hearing Officer or the Commission under
seaL. This sealed section shall be served only on counsel of record and parties of
record who have signed the nondisclosure agreement set forth in Exhibit A or B. All of
the restrictions afforded by this Order apply to materials prepared and distributed under
this section.
10. Summary of Record. If deemed necessary by the Commission or ALJ, the
providing party shall prepare a written summary of the Confidential or Highly
Confidential Information referred to in the Order to be placed on the public record.
11. The provisions of this Order are specifically intended to apply to all data,
documents, studies, and other material designated as Confidential or Highly Confidential
by any party to MPUC Docket Nos. P-5692, 5340, 5643, 5323, 465, 6422/M-06-211 and
P-999/CI-06-685. In addition, experts and consultants of government agencies are
subject to the provisions of this Protective Order that are applicable to experts and
consultants of parties.
12. This Protective Order shall continue in force and effect after these dockets
are closed.
Dated: June 28, 2006.
Y:~- L. ~~~
BARBARA L NEILSON
Administrative Law Judge
EXHIBIT A
CONFIDENTIAL INFORMATION
I have read the foregoing Protective Order dated 2006, in MPUC
Docket Nos. P-5692, 5340, 5643, 5323, 465, 6422/M-06-211 and P-999/CI-06-685P-
421/CI-05-1996, and agree to be bound by the terms and conditions of this Order.
Name
Employer
Job Title and Job Description
Business Address
Part
Signature
Date
EXHIBIT B
HIGHLY CONFIDENTIAL INFORMATION
I have read the foregoing Protective Order dated 2006, in MPUC
Docket Nos. P-5692,5340, 5643, 5323, 465, 6422/M-06-211 AND P-999/CI-06-685,
and agree to be bound by the terms and conditions of this Order.
Name
Employer
Job Title and Job Description
Business Address
Part
Signature
Date
Mary S. Hobson (ISB. No. 2142)
999 Main, Suite 1103
Boise, ID 83702
Tel: [phone]
mary .hobsoncgqwest. com
Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA 98191
Tel: [phone]
adam. sherr(fqwest. com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S PETITION FOR
APPROVAL OF NON-IMPAIRED WIRE
CENTER LISTS PURSUANT TO THE
TRIENNIAL REVIEW REMAND ORDER
Case No. QWE-T-08-
PROTECTIVE AGREEMENT
WHEREAS, Qwest Corporation ("Qwest"), and any intervening parties, (hereinafter with
Qwest jointly referred to as "Participating Parties") anticipate that they may make available for
review, or make requests to provide, certain information considered by its custodian to be of a
trade secret, privileged, or confidential nature in the above-referenced docket (hereinafter
"Proceedings"), and
WHEREAS, the Staff of the Idaho Public Utilities Commission ("Staff') may need to
review certain information considered by the Participating Paries to be a trade secret, privileged
or confidential, and
Attachment B
Wire Center Docket Protective Agreement
- 1 -
WHEREAS, the Paricipating Paries and Staff agree that entering into a Protective
Agreement wil expedite the production of documents; wil afford the necessar protection to
valuable and confidential, trade secret, and busin~ss information; wil establish clear parameter
for use of Confidential Information and thereby afford necessar protection to the employees
and/or representatives ofthe Paricipating Paries and Staffwho might, durng the course of the
Proceedings, review the information and subsequently be requested to reveal its contents; and
wil protect the use of Confidential Information provided during the course of the Proceedings,
now therefore,
IT is HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. (A) Confidential Information. All documents, data, studies and other materials
fuished pursuant to any requests for information, subpoenas or other modes of discover
(formal or informal), and including depositions, and other requests for information, that are
claimed to be proprietar or confidential (herein referred to as "Confidential Information"), shall
be so marked by the providing pary by stamping the same with a "Confidential" designation. In
addition, all notes or other materals that refer to, derive from, or otherise contain pars of the
Confidential Information wil be marked by the receiving pary as Confidential Information.
Access to and review of Confidential Information shall be strctly controlled by the terms of this
Agreement
(B) Use of Confidential Information -- Proceedings. All persons who maybe entitled
to review, or who are afforded access to any Confidential Information by reason of this
Agreement sháll neither use nor disclose the Confidential Information for purposes of business
or competition, or any purose other than the purpose of preparation for and conduct of
proceedings in the above-captioned docket or before the Federal Communications Commission
("FCC"), and any subsequent appeals (collectively, the "Wire Center Docket"), and shall keep
Wire Center Docket Protective Agreement
- 2 -
the Confidential Information secure as confidential or proprietary information and in accordance
with the puroses, intent and requirements of this Agreement.
(C) Persons Entitled to Review. Each party that receives Confidential Information
pursuant to this Agreement must execute the Nondisclosure Agreement described in section (D)
immediately below and limit access to such Confidential Information to (1) attorneys employed
or retained by the party in the Wire Center Docket and the attorneys' staff; (2) experts,
consultants and advisors who need access to the materal to assist the pary in the Wire Center
Docket; (3) only those employees of the pary who are directly involved in the Wire Center
Docket, provided that counsel for the party represents that no such employee is engaged in the
sale or marketing of that party's products or' servces., In addition, access to Confidential
Information may be provided to Commissioners. Disclosure of Confidential Information and
Highy Confidential Information to members of Staff and consultants employed Staff shall be
under the same ters and conditions as described herein for Paricipating Paries.
(D) Nondisclosure Agreement. Confidential Information shall not be disclosed to any
person, except persons who are described in section 1 (c) above and who have signed a
Nondisclosure Agreement in the form that is attached hereto and incorporated herein as Exhbit
"A." Cour reporters shall also be required to sign an Exhibit "A" and comply with the terms of
the Nondisclosure Agreement.
The Nondisclosure Agreement (Exhibit "A") requires the person(s) to whom
disclosure is to be made to read a copy of this Protective Agreement and to cerify in wrting that
they have reviewed the same and have consented to be bound by its ters. In each instance,
Exhibit "A" shall contain the signatory's full name, employer, business ~ddress and the name of
the Paricipating Party with whom the signatory is associated. Such agreement shall be delivered
to counsel for the providing pary before disclosure is made, and if no objection thereto is
Wire Center Docket Protective Agreement
- 3 -
registered to the Commission within three (3) business days, then disclosure shall follow. An
attorney who makes Confidential Information available to any person listed in subsection ( c)
above shall be responsible for having each such person execute an original of Exhibit "A" and a
copy of all such signed Exhibit "A"s shall be circulated to all other counsel of record promptly
after execution.
2. (A) Notes. Limited notes regarding Confidential Information may be taken by
counsel and experts for the express purpose of preparng pleadings, cross-examinations, briefs,
motions and arguent in connection with this proceeding, or in the case of persons designated in
paragraph 1 (c) of this Protective Agreement, to prepare for participation in this proceeding.
Such notes shall then be treated as Confidential Information for puroses of this Agreement, and
shall be destroyed after the final settlement or conclusion of the Wire Center Docket in
accordance with subsection 2(b) below.
(B) Return. All notes, to the extent they contain Confidential Information and are
protected by the attorney-client privilege or the work product doctrne, shall be destroyed after
the final settlement or conclusion of the Wire Center Docket. The pary destroying such
Confidential Information shall advise the providing part of that fact within a reasonable time
from the date of destrction.
3. Highy Confidential Information: Any person, whether a pary or non-pary, may
designate certain competitively sensitive Confidential Information as "Highly Confidential
Information" if it determines in good faith that it would be competitively disadvantaged by the
disclosure of such information to its competitors. Highly Confidential Information includes, but
is not limited to, documents, pleadings, briefs and appropriate portions of deposition transcrpts,
that contain information regarding the market share of, number of access lines served by, or
Wire Center Docket Protective Agreement
- 4-
number of customers receiving a specified type of serce from a particular provider or other
information that relates to marketing, business plannng or business strategies.
Paries must scrutinize carefully responsive documents and information and limit their
designations as Highy Confidential Information to information that trly might impose a serous
business risk if disseminated without the heightened protections provided in this section. The
first page and individual pages of a document determined in good faith to include Highly
Confidential Information must be marked by a stamp that reads:
"HIGHLY CONFIDENTIAL-USE RESTRICTED PER PROTECTIVE AGREEMENT IN
DOCKET NO. QWE-T-08- ."
Placing a "Highly Confidential" stamp on the first page of a document indicates only that
one or more pages contain Highly Confidential Information and wil not sere to protect the
entire contents of a multi-page document. Each page that contains Highy Confidential
Information must be marked separately to indicate Highy Confidential Information, even where
that information has been redacted. The unedacted versions of each page containing Highly
Confidential Information, and provided under seal, should be submitted on paper distinct in color
from non-confidential information and "Confidential Information" described in section 1 of this
Protective Agreement.
Paries seeking disclosure of Highy Confidential Information must designate the
person(s) to whom they would like the Highly Confidential Information disclosed in advance of
disclosure by the providing party. Such designation may occur through the submission of
Exhibit "B." Paries seeking disclosure of Highly Confidential Information shall not designate
more than (l) a reasonable number of in-house attorneys who have direct responsibilty for
matters relating to Highly Confidential Information; (2) five in-house expers; and (3) a
reasonable number of outside counsel and outside expers to review materials marked as "Highly
Wire Center Dòcket Protective Agreement
- 5 -
ConfidentiaL." Disclosure of Highly Confidential Information to Staff members shall be limited
to persons to whom disclosure is necessar. The Exhibit "B" also shall describe in detail the
duties or responsibilities of the person being designated to see Highly Confidential Information
and the person's role in the proceeding. Highly Confidential Information may not be disclosed
to persons engaged in strategic or competitive decision makng for any pary, including the sale
or marketing of products or servces on behalf of any pary.
Any pary providing either Confidential Information or Highy Confidential Information
may object to the aesignation of any individual as a person who may review Confidential
Information and/or Highy Confidential Information. Such objection shall be made in wrting to
counsel submitting the challenged individual's Exhibit "A" or "B" within three (3) business days
after receiving the challenged individual's signed Exhbit "A" or "B". Any such objection must
demonstrate good cause to exclude the challenged individual from the review of Confidential
Information and/or Highly Confidential Information. Written response to any objection shall be
made within three (3) business days after receipt of an objection. If, after receiving a wrtten
response to a pary's objection, the objecting pary stil objects to the disclosure of either
Confidential Information or Highy Confidential Information to the challenged individual, the
Commission shall determne whether the Confidential Information or Highly Confidential
Information must be disclosed to the challenged individuaL.
Copies of Highy Confidential Information may be provided to the in-house attorneys,
outside counsel and outside expers who have signed Exhbit"B". The in-house experts who
have signed Exhibit "B" may inspect, review and make notes from the in-house attorney's copies
of Highy Confidential Information.
Persons authorized to review the Highly Confidential Information wil maintain the
documents and any notes reflecting their contents in a secure location to which only designated
Wire Center Docket Protective Agreement
- 6-
counsel and expers have access. No additional copies wil be made, except for use durng
hearngs and then such disclosure and copies shall be subject to the provisions of Section 6. Any
testimony or exhibits prepared that reflect Highly Confidential Information must be maintained
in the secure location until removed to the hearing room for production under seal and under
circumstances that wil ensure continued protection from disclosure to persons not entitled to
review Highy Confidential Information.
Unless specifically addressed in this section, all other sections of ths Protective
Agreement applicable to Confidential Information also apply to Highly Confidential
Information.
4. Objections to Admissibility. The furnishing of any document, data, study or other
materals pursuant to this Protective Agreement shall in no way limit the right of the providing
pary to object to its relevance or admissibilty in proceedings before this Commission.
5. Small Company Exemption. Notwithstanding the restrctions in sections 1 and 3
applicable to persons who may access Confidential Information and/or Highy Confidential
Information, a Small Company may designate any employee or in-house expert to review
Confidential Information and/or Highy Confidential Information if the producing pary, upon
request, gives prior written authorization for that person to review Confidential Information
and/or Highy Confidential Information. If the producing pary refuses to give such written
authorization, the reviewing pary may, for good cause shown, request an order from the
Commission allowing a prohibited person(s) to review Confidential Information and/or Highly
Confidential Information. The prÖducing party shall be given the opportnity to respond to the
Small Company's request before an order is issued. "Small Company" means a pary with fewer
than 5000 employees, including the employees of affiliates' U.S. ILEC, CLEC, and IXC
operations within a common holding company.
Wire Center Docket Protective Agreement
- 7 -
6. Challenge to Confidentiality. This Agreement establishes a procedure for the expeditious
handling of information that a pary claims is Confidential or Highly ConfidentiaL. It shall not be
constred as an agreement or ruling on the confidentiality of any document. Any party may
challenge the characterization of any information, document, data or study claimed by the
providing party to be confidential in the following maner:
(A) A pary seeking to challenge the confidentiality of any materials pursuant
to this Agreement shall first contact counsel for the providing pary and attempt to resolve any
differences by stipulation;
(B) In the event that the paries canot agree as to the character of the
information challenged, any pary challenging the confidentiality shall do so by appropriate
pleading. This pleading shall:
(1) Designate the document, transcrpt or other material challenged in
a maner that wil specifically isolate the challenged materal from
other material claimed as confidential; and
(2) State with specificity the grounds upon which the documents,
transcript or other material are deemed to be non-confidential by
the challenging pary.
(C) A ruling on the confidentiality of the challenged information, document, data or
study shall be made by the Commission after proceedings in camera, which shall be conducted
under circumstances such that only those persons duly authorized hereunder to have access to
such confidential materials shall be present. Ths hearng shall commence no earlier than five (5)
business days after service on the providing pary oÙhe pleading required by subsection 5(b)
above.
Wire Center Docket Protective Agreement
- 8 -
(D) The record of said in camera hearng shall be marked "CONFIDENTIAL-
SUBJECT TO PROTECTIVE AGREEMENT IN DOCKET NO. QWE-T-08- ." Court reporter
notes of such hearng shall be transcribed only upon agreement by the paries or order of the
Commission and in that event shall be separately bound, segregated, sealed, and withheld from
inspection by any person not bound by the terms of this Protective Agreement.
(E) In the event that the Commission rules that any information, document, data or
study should be removed from the restrctions imposed by this Agreement, no pary shall
disclose such information, document, data or study or use it in the public record for five (5)
business days unless authorized by the providing pary to do so. The provisions of this
subsection are intended to enable the providing part to seek a stay or other relief from an order
removing the restrction of this Agreement from materals claimed by the providing pary to be
confidentiaL.
7. (A) Receipt into Evidence. Provision is hereby made for receipt into evidence in this
proceeding materals claimed to be confidential in the following manner:
(1) Prior to the use of or substantive reference to any Confidential
Information, the parties intending to use such information shall make that
intention known to the providing pary.
(2) The requesting party and the providing party shall make a good-faith
effort to reach an agreement so the Confidential Information can be used
in a manner that wil not reveal its trade secret, confidential or proprietar
nature.
(3) If such efforts fail, the providing party shall separately identify which
portions, if any, of the documents to be offered or referenced shall be
placed in a sealed record.
(4) Only one (1) copy of the documents designated by the providing party to
be placed in a sealed record shall be made.
(5) The copy of the documents to be placed in the sealed record shall be
tendered by counsel for the providing pary to the Commission, and
maintained in accordance with the ters of ths Agreement.
(B) SeaL. Whle in the custody of the Commission, materals containing
Confidential Information shall be marked "CONFIDENTIAL - SUBJECT TO PROTECTIVE
Wire Center Docket Protective Agreement
- 9-
AGREEMENT IN DOCKET NO. QWE-T-08- "and Highly Confidential Information shall be
marked "HIGHLY CONFIDENTIAL-USE RESTRICTED PER PROTECTIVE
AGREEMENT IN DOCKET NO. QWE- T -08- "and shall not be examined by any person
except under the conditions set fort in this Agreement.
(C) In Camera Hearng. Any Confidential Information or Highly Confidential
Information that must be orally disclosed to be placed in the sealed record in this proceeding
shall be offered in an in camera hearng, attended only by persons authorized to have access to
the information under this Agreement. Similarly, any cross-examination on or substantive
reference to Confidential Information or Highly Confidential Information (or that portion of the
record containing Confidential Information or Highly Confidential Information or references
thereto) shall be received in an in camera hearng, and shall be marked and treated as provided
herein.
(D) Access to Record. Access to sealed testimony, records and information shall be
limited to the Commissioners and persons who are entitled to review Confidential Information or
Highly Confidential Information pursuant to subsection l(c) above and have signed an Exhbit
"A" or "B", unless such information is released from the restrctions ofthis Agreement either
through agreement of the Paricipating Paries or after notice to the paries and hearng, pursuant
to the order of the Commission and/or final order of a court having final jursdiction.
(E) Appeal/Subseguent Proceedings. Sealed portions of the record in ths proceeding
may be forwarded to any cour of competent jurisdiction for purposes of an appeal or to the FCC,
but under seal as designated herein for the information and use of the cour or the FCC. If a
portion of the record is forwarded to a court or the FCC, the providing pary shall be notified
which portion of the sealed record has been designated by the appealing party as necessary to the
record on appeal or for use at the FCC.
Wire Center Docket Protective Agreement
- 10-
(F) Retu. Unless otherwise ordered, Confidential Information and Highly
Confidential Information, including transcripts of any depositions to which a claim of
confidentiality is made, shall remain under seal, shall continue to be subject to the protective
requirements of this Agreement, and shall, at the providing pary's discretion, be retued to
counsel for the providing pary, or destroyed by the receiving pary, within thirty (30) days after
final settlement or conclusion of the Wire Center Docket. If the providing pary elects to have
Confidential Information or Highy Confidential Information destroyed rather than retued,
counsel for the receiving pary shall verfy in writing that the materal has in fact been destroyed.
8. Use in Pleadings. Where references to Confidential Information or Highly Confidential
Information in the sealed record or with the providing pary is required in pleadings, briefs,
arguments or motions (except as provided in section 6), it shall be by citation of title or exhibit
number or some other descrption that wil not disclose the substantive Confidential Information
or Highly Confidential Information contained therein. Any use of or substantive references to
Confidential Information or Highly Confidential Information shall be placed in a separate section
of the pleading or brief and submitted to the Commission under seaL. This sealed section shall be
served only on counsel of record and parties of record who have signed the Nondisclosure
Agreement set fort in Exhibits "A" or "B". All ofthe restrictions afforded by this Protective
Agreement apply to materials prepared and distrbuted under this section.
9. Summar of Record. If deemed necessary by the Commission, the providing pary shall
prepare a written sumar of the Confidential Information or Highly Confidential Information
referred to in the Commission's order to be placed on the public record.
10. The provisions of this Agreement are specifically intended to apply to all data,
documents, studies, and other material designated as Confidential or Highly Confidential by any
pary to Docket No. QWE- T -08- . The provisions are also intended to apply to all data,
Wire Center Docket Protective Agreement
- 11 -
documents, studies and other material designated as confidential or highy confidential by any
non-pary that provides such materal in response to data requests in this docket, whether it is
provided voluntaly or pursuant to subpoena.
11. This Protective Agreement shall continue in force and effect after this Docket is closed.
DATED at Boise, Idaho this _ day of June, 2008.
QWEST CORPORATION
By: lsI
Mar S. Hobson
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By: lsI
By: lsI
Date
By: lsI
Date
Wire Center Docket Protective Agreement
- 12 -
DOCKET NO. QWE-T-08-
EXHIBIT "A"
CONFIDENTIAL INFORMATION
I have read the foregoing Protective Agreement in Docket No: QWE- T -08-
and agree to be bound by the terms and conditions of ths Protective Agreement.
Name (Type or Print)
Employer or Firm
Job Title and Job Descrption
Business Address
Party Represented
Signatue
Date Signed
Wire Center Docket Protective Agreement
- 13 -
EXHIBIT "B"
HIGHLY CONFIDENTIAL INFORMTION
I have read the foregoing Protective Agreement, in Docket No. QWE- T -08- and
agree to be bound by the terms and conditions of this Agreement.
Name (Type or Print)
Employer or Firm
Job Title and Job Description
Business Address
Pary Represented
Signature
Date Signed
Wire Center Docket Protective Agreement
- 14 - .
Qwest,
Spirit of Servicert.f
Qwest
607 14~ Street, N.W., Suite 950
Washington, DC 20005
Phone [phone]
Facsimile 202-467-4268
Gary R. lytle
Senior Vice President-Federal Relations
February 18,2005
FILED VIA ECFS
Jeffrey J. Carlisle
Chief, Wireline Competition Bureau
Federal Communications Commission
445 ith Street, S.W.
Washington, DC 20554
Re: Unbundled Access to Network Elements, WC Docket No. 04-313;
Review of Section 251 Unbundling Obligations for Incumbent Local
Exchange Carriers, CC Docket No. 01-338
Dear Mr. Carlisle:
This submission responds to your letter of February 4, 2005, asking Qwest to provide a
list identifying by Common Language Location Identifier (CLLI) code which wire centers in
Qwest's operating areas, satisfy the Tier 1, Tier 2 and Tier 3 criteria for dedicated transport, and
identifying by CLLI code the wire centers that satisfy the nonimpairment thresholds for DS 1 and
DS3 loops in the Triennial Review Remand Order.l
Enclosed are two attachments. Attachment A identifies which of Qwests approximately
1,200 wire centers satisfy the Tier 1, Tier 2 and Tier 3 criteria adopted in the Triennial Review
Remand Order. Attachment B lists the wire centers that satisfy the nonimpairment standards for
DS 1 and DS3 loops in the Order. These classifications were made based on the definitions of
"business line" and "fiber-based collocator" in the Order.
Business Lines. Consistent with the definition in the Order,2 Qwest determined the
number of "business lines" in each wire center by computing the sum of the following:
1 In the Matter of
Unbundled Access to Network Elements; Review of the Section 251
Unbundling Obligations of Incumbent Local Exchange Carriers, WC Docket No. 04-313,
CC Docket No. 01-338, Order on Remand ("Triennial Review Remand Order" or "Order").
247 C.F.R. § 51.5, as attached (Appendix B) to the Order, to be published in the Federal Register
and codified in the C.F .R.
Attachment C
Mr. Jeffey J. Carlisle
February 18,2005
Page 2 of3
. Qwests switched business access lines (i.e., single, multiline and Public Access (Coin)
Lines) in the wire center, based on Qwest's most recent ARMIS Report 43-08 data,
which is curent as of December 2003 and was filed with the Commission in April 2004.
This figue includes ISDN and other digital access lines. Each 64 kbps-equivalent has
been counted as one line.
. UNE loops connected to that wire center, including UNE 100ps provisioned in
combination with other unbundled elements (e.g., EELs and business UNE-P lines).
Each 64 kbps-equivalent has been counted as one line. Thus, for example, each DS 1 100p
has been counted as 24 business lines. Qwest does not track UNE- P separately by
residential and business. Qwest derived an estimate of business UNE-P lines in each
wire center based on the percentage of white page listings for that wire center that are
business, rather than residentiaL. All of these data are curent as of December 2003.
Fiber-Based Collocators. Qwest also verified the number of collocation arrangements
that satisfy the Order's definition of "fiber-based collocator," for each wire center that would
qualify for unbundling relief for high capacity 100ps or transport, based on the nonimpairment
stadards adopted in the Order. Qwest used its most curent biling data, as of Februar 2005,
and physical inspections to identify collocation arrangements that satisfy the definition in the
Order. To the best of its knowledge, Qwest has counted each collocator and any of its affiliates
as only one collocator for puroses of this analysis.
To the extent this submission, or similar submissions by other incumbents, raise any
questions or disputes, those issues should be addressed by the Commission, rather than state
commissions. The Commission clearly is in the best position to address these issues in an
expeditious maner. Over the past several years, the Commission has dealt with very similar
issues in evaluating numerous petitions for pricing flexibility fied by price cap LECs. In that
context, the petitioning price cap LEC must provide individual notification to each CLEC upon
which the price cap LEC's petition relies. The notification identifies the information that the
price cap LEC has included in its petition, such as the wire centers in which the CLEC has fiber-
based collocation. The CLECs then have 15 days to fie comments or objections to the petition.3
The Commission's experience in the pricing flexibility context demonstrates that it is well
equipped to resolve any disputes that may arise regarding the accuracy of the ILEC's fiber-based
collocation and other data. Adoption of a similar procedure here would ensure that these factual
disputes are resolved quickly and efficiently.
The Commission is also best suited to address any questions of interpretation of the
Order that may arse in determining which wire centers and routes are affected by the Order. In
the pricing flexibility context, a number of similar questions arose when the first several pricing
3 See 47 C.F.R. § 1.774(c), (e).
Mr. Jeffrey J. Carlisle
February 18, 2005
Page 3 of3
flexibility petitions were fied. To the extent such issues arise here, the Commission should
resolve those questions to ensure a consistent application of the Order.
Please let us know if you have fuer questions about this matter.
Sincerely,
lsI Gary R. Lytle
cc: Michelle Carey (via e-mail at michelle.carey(ffcc.gov)
Thomas Navin (via e-mail at thomas.navin(ffcc.gov)
Jeremy Miler (via e-mail at jeremy.miler~fcc.gov)
Ian Dilner (via e-mail at ian.dillner(ffcc.gov)
Qwest~
Spirit of SefvlcerM
Qwest
607 14~ Street NW, Suite 950
Washington, DC 20005
Phone [phone]
Fax [phone]
Cronan O'Connell
Vice President-Federal Regulatory
July 8, 2005
FILING VIA ECFS
Thomas Navin
Chief, Wireline Competition Bureau
Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554
Re: Unbundled Access to Network Elements, WC Docket No. 04-313;
Review of Section 251 Unbundling Obligations for Incumbent Local
Exchange Carriers, CC Docket No. 01-338
Dear Mr. Navin:
On February 18,2005, in response to a request by the Wireline Competition Bureau,
Qwest submitted lists identifying by Common Language Location Identifier ("CLLI") code the
wire centers in Qwest's operating area satisfying the nonimpairment thresholds for high capacity
transport and loop facilties established in the Triennial Review Remand Order ("TRRO").\
Since that time, Qwest has undertaken a detailed verification process to ensure the accuracy of
these lists. As a result of this review, Qwest hereby submits revised lists of the wire centers in
Qwest's region meeting the TRRO's nonimpairment thresholds for high capacity transport and
100p facilities.
Enclosed are two attachments. Attachment A identifies which of Qwest's approximately
1200 wire centers satisfy the Tier 1, Tier 2, and Tier 3 criteria adopted in the TRRO. As shown
in Attachment A, there are 46 and 30 Qwest wire centers that satisfy the Tier i and Tier 2
criteria, respectively. Attachment B lists the Qwest wire centers that satisfy the nonimpairment
standards for DS 1 and DS3 loops in the TRRO. As reflected in Attachment B, Qwest has been
relieved ofunbundling requirements for DSI and DS3 loops in 4 and 7 Qwest wire centers,
respectively. The lists in Attachments A and B are also being posted on Qwest's website.2
i Letter from Gar R. Lytle, Senior Vice President-Federal Relations, Qwest, to Jeffrey J.
Carlisle, Chief, Wireline Competition Bureau, FCC (filed Feb. IS, 2005).
2 Qwest has not rejected any orders for unbundled transport or unbundled loops in the wire
centers identified in the lists of non impaired wire centers submitted on February 18.
Competitive local exchange carriers ("CLECs") can continue to order high capacity transport and
loops in all Qwest wire centers until their interconnection agreements with Qwest have been
amended to reflect the TRRO.
Attachment D
Mr. Thomas Navin
July 8, 2005
Page 20f3
On March 29, 2005, Qwest initiated a three-step process to ensure the accuracy of its
wire center data. First, Qwest provided access for CLECs and state public service commission
staff to the confidential data underlying the February 18 lists of Qwest wire centers meeting the
nonimpairment thresholds in the TRRO. The confidential data were made available pursuant to
the terms of the applicable protective order and included the following information for each wire
center identified in one or both of the Februar 18 lists:
· ARMIS 43-08 business line information
· UNE- P lines
· UNE-loop data
· fiber-based collocator information
Second, Qwest provided to each part upon which it relied for unbundling relief in the
February 18 fiing a list ofthe relevant wire centers where that party has fiber-based collocation,
according to Qwest's records. Those paries then had the opportity to contest the accuracy of
that information. This process is similar to that employed by the Commission in the pricing
flexibility dockets to verify the accuracy of the collocation information relied on in those
proceedings. In light of the highly sensitive natue of the collocation information, Qwest
allowed each collocator access only to its own collocation information in the relevant wire
centers.
Third, Qwest conducted a fuher internal check of the collocation and line count data
used to generate the February 18 wire center lists, including a comprehensive review of the
collocation arrangements in Qwest's wire centers.
A number of parties took advantage of this process to gain further information about the
data underlying Qwest's lists of non impaired wire centers, or to question the validity of Qwest's
line count or collocation data. Qwest also answered numerous detailed questions from CLECs
about the methodology used to identify nonimpaired wire centers.
Through this verification process, Qwest identified a number of data inaccuracies in the
lists of non impaired wire centers submitted on Februry 18. First, Qwest discovered that, in
some cases, it had counted a fiber-based collocator twice because the Qwest records used for the
February 18 filing did not reflect the affiliation of that collocator with another fiber-based
collocator in that wire center. In several cases, CLECs notified Qwest of these affliations in
response to the collocation information provided by Qwest in the March 29 letters noted above.
To address any lingerig concerns of double counting, Qwest checked other data sources to
determine potential affiliations and then sent letters to the affected carers requesting
verification of those or any other affliations. Second, Qwest found that, in a small number of
cases, collocation arrangements using dark fiber transport leased from Qwest had been counted
as fiber-based collocations, due to inaccuracies in service orders. Third, Qwest discovered that
certain collocation arrangements counted in the February 18 fiing had been decommissioned or
Mr. Thomas Navin
July 8,2005
Page 3 of3
otherwise were not operationaL Fourth, Qwest identified additional fiber-based collocators that
it had not counted as fiber-based collocators for puroses of the February filing. Due to the
compressed timeframe for the inspections in February, Qwest ignored numerous collocation
arrangements that could not readily be verified as fiber-based collocators at that time. Upon
fuher investigation in April and May, Qwest was able to confirm that some of these
arangements did in fact qualify as fiber-based collocation arangements.
3
Qwest has corrected all inaccuracies in its data that were discovered through the
verification process described above, and, as necessary, has revised its count of wire centers
meeting the nonimpairment thresholds for high capacity transport and loops in Attachments A
andB.
Please let me know if you have any questions about this matter.
Sincerely,
lsI Cronan O'Connell
Attachments
cc: Julie Veach (via e-mail at Julie.VeachCffcc.gov)
Jeremy Miler (via e-mail at Jeremy.MilerCffcc.gov)
Ian Dilner (via e-mail at Ian.DilnerCffcc.gov)
3 Qwest is in the process of notifying the owners of these collocation arrangements that Qwest is
now relying on these collocation arangements for unbundling relief, so that the collocators have
an opportity to verify the accuracy of this collocation data. If this fuher verification results
in any changes in the number of fiber-based collocators in particular wire centers, Qwest wil
revise its list of nonimpaired wire centers as necessar.
Qw,es-t.,
Spirito! Se,rvlcer.r
QWèst
60714- Street NW, Suite 9SO
Washington, DC 2000S
Phone [phone]
Fax [phone]S61
Cronan O'Connell
Vice .President-Federal Regulatory
August 18, 2005
EX PAR TE
FILING VIA EeFS
Thomas Navin
Chief, Wireline Competition Buteau
Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554
Re: Unbundled Access to Network Elements, WC Docket No. 04-313; Review of Section
251 Unbundling Obligations for Incumbent Local Exchange Carriers, CC Docket
No. 01-338
Dear Mr. Navin:
On Februar 18, 2005, in response to a request by the Wireline Competition Bureau,
Qwest submitted lists identifying by Common Language Location Identifier ("CLLI") code the
wire centers in Qwests operating area satisfying the nonimpairent thresholds for high capacity
transport and loop facilities estàblished in the' Triennial Review Remand Order ("TRRO"). i On
July 8,2005, after completing a detailed verification process, Qwest fied revised lists of the wire
centers in Qwest's region meeting the TRRO's nonimpairment thesholds for high capacity
transport and loop facilities,2 ,
It has recently come to our attention that one of the wire centers listed il Attachment B
"Triennial Review Remand Order, Qwest Wire Centers that Satisfy the Nonimpairment
Standards for DS 1 and DS3 Loops, Sorted by Loop Type" was correctly identified by "CLLI8",
butthe "Wire Center Name" for the wire center was ilcorrect. The affected wire center CLLI8
is "DNVRCOMA", which was identified as "Colorado Sprigs Main" on the July 8th fiing. The
correct name for the wire center is "Denver Main." We have verified that ,all data provided is
correctly associated with the CLLI code for Denver Main (DNVRCOMA). As a result, we are
submitting a revised list of wire centers in Qwest s operating area that satisfy the nonimpairment.
i Letterfrom Gary R. Lytle; Senior Vice President-Federal Relatioi;s, Qwest, to Jeffrey J.
Carlisle, Chief, Wireline Competition Bureau, FCC (fied Feb. 18,2005).
2 Letter from Cronan O'Connell, VicePresiderit~FederaiRegulatory, Qwest,to Thomas Navin,
Chief, Wireline Competition Bureau, FCC (fied July 8,2005).
AttachmentE
Mr. Thomas Navin
August 18, 2005
Page 2 of2
thesholds established in the TRRO, correcting only the wire center name for this one wire
center. Although there are no changes to Attchment A, we are submitting the entire fiing for
ease of use by interested paries.
Please let me know if you have any questions about this matter.
Sincerely,
Is/Croan Q'Connell
Attachments
cc: Julie Veach (viae-mail at Julie Yeacb(ßfcc goy)
Jeremy Miler (via e-mail at Jeremy.Miler~fcc.gov)
Ian Dillner (via e-mail at Ian.DilnerßYfcc.gov)
CERTIFICATE OF SERVICE
I do hereby certify that a tre and correct copy of the foregoing QWEST CORPORATION'S
PETITION FOR COMMISSION APPROVAL OF NON-IMPAIRED WIRE
CENTER LISTS PURSUANT TO THE TRIENNIA REVIEW REMAD ORDER
was served on the 20th day of June, 2008 on the followig individuals:
Jean D. Jewell
Idaho Public Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, il 83702
Telephone [phone]
Facsimile: [phone]
jjewellC$uc.state.id.us
i Hand Delivery
U. S. Mail
Overnght Delivery
Facsimle
Email
son
or Qwest Corporation