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Home My WebLink About20090417Torrence Direct.pdft'r: lt,J' .i~" ;' ZOß9 APR 17 PH 2: 2tl BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION IN THE MATTER OF QWEST ) CORPORATION'S PETITION ) CASE NO. QWE-T-08-07 FOR APPROVAL OF NON-IMPAIRED ) WIRE CENTER LISTS PURSUANT TO ) THE TRIENNIAL REVIEW REMAND )ORDER ) ) DIRECT TESTIMONY OF RACHEL TORRNCE QWEST CORPORATION APRIL 17, 2009 TABLE OF CONTENTS Page I. IDENTIFICATION OF WITNESS ......................................................................4 II. PURPOSE OF DIRECT TESTIMONY .............................................................. 7 III. THE TRIENNIA REVIW REMAD ORDER SPECIFICALLY DEFINED WHT CONSTITUTES A FIBER-BASED COLLOCATOR......................................................................................................8 IV. QWEST'S PROCESS FOR IDENTIFYING FIBER-BASED COLLOCATORS WAS BASED ON A LITERA READING OF THE PARETERS SET FORTH IN THE TRRO.......................................14 V. QWEST FILED A LIST OF NON-IMPAIRED WIRE CENTERS WITH THE FCC THAT REFLECTED A COMPREHENSIVE AND ACCURATE REVIEW OF FIBER-BASED COLLOCATORS.....................24 VI. SUMMARY OF TESTIMONY ..........................................................................26 VII. CONCLUSION ....................................................................................................28 1 2 ATTACHED EXHIBITS 3 Qwest Exhibit 6.......................................Fiber-Based Collocation Architectures 4 Qwest Exhibit 7 ..................................... .... ....June 4, 2008 Letter to the CLECs 5 Highly-Confidential Qwest Exhibit 8 . ... ......... . Summary of CLEC Correspondence 6 Highly-Confidential Qwest Exhibit 9.....................Field Verification Spreadsheets 7 Highly-Confidential Qwest Exhibit 10................List of Collocators by Wire Center 8 CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 3 QWEST CORPORATION 1 2 I.IDENTIFICATION OF WITNESS 3 Q.PLEASE STATE YOUR NAME, BUSINESS ADDRESS AND POSITION 4 WITH QWEST CORPORATION. 5 A.My name is Rachel Torrence. My business address is 700 W. Mineral Ave., 6 Littleton, Colorado, 80120. I am employed as a Director supporting Network Operations 7 for Qwest Corporation. 8 9 Q. PLEASE DESCRIBE YOUR WORK EXPERIENCE, TECHNCAL 10 TRAINING, AND PRESENT RESPONSIBILITIES. 11 A.I have been employed in the telecommuncations industr for 35 years. I began 12 my career in 1973 and have worked my entire career for Qwest and its predecessors, The 13 Mountain States Telephone and Telegraph Company ("Mountain Bell"), and US WEST 14 Communcations, Inc. For the major par of my career, I have been employed in Network 15 operations. Within Qwest that organzation is known as the Local Network Organzation. 16 As an employee of the Local Network Organzation, I held engineering positions in the 17 Long Range Planng, Capacity Provisioning and Tactical Planing organzations and 18 have had responsibility for projects that focused on ensurng network efficiency and 19 maintaning adequate levels of network capacity. My years in the Local Network 20 Organization have provided me with an extensive telecommunications background and CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 4 QWEST CORPORA nON 1 much in-depth experience with virtlly all aspects of the public switched telephone 2 network ("PSTN"). 3 In 1997, I accepted a position within the Technical, Regulatory and 4 Interconnection Planng Group. My responsibilties as a member of an Interconnection 5 Negotiations Team included maintaining the network integrity of the PSTN and ensuring 6 the technical feasibilty of varous interconnection arangements between Qwest and 7 wire line and wireless co-providers, with an emphasis on emerging technologies. 8 In 2001, I accepted my curent responsibilities as a Director, where I am 9 responsible for providing technical and network expertise durng regulatory proceedings 10 before the Federal Communications Commission ("FCC"), state commissions, and 11 judicial and/or legislative bodies on issues relating to the network elements and 12 architectues used in both wireline and wireless networks. My responsibilties include, 13 but are not limited to, ensuring compliance with the 1996 Telecommunications Act and 14 the FCC's subsequent Triennial Review Order ("TRO") and the Triennial Review 15 Remand Order ("TRRO"). 16 17 Q. 18 A. WHAT is YOUR EDUCATIONAL BACKGROUND? I attended the University of Arzona, Chapman University and Pima Communty 19 College where I studied Electronic Engineering, Management Theory, and Behavioral CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 5 QWEST CORPORATION 1 Science. I am curently emolled in a Bachelor's Completion Program at the University 2 of Denver pursuing a degree in Public Policy and Social Service. In addition, I have 3 more than 4000 hours of continuing education in the telecommuncations field and I hold 4 various telecommuncations certifications in both wire line and wireless disciplines. 5 CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 6 QWEST CORPORATION 1 2 3 Q. 4 A. II.PURPOSE OF DIRECT TESTIMONY WHAT is THE PURPOSE OF YOUR DIRECT TESTIMONY? The purose of my direct testimony is multi-faceted. As evidence of the validity 5 and accuracy of Qwest's non-impaired wire center list, I describe the process that Qwest 6 undertook when identifying "fiber-based collocators" within its Idaho wire centers. 7 I explain how Qwest took the FCC's very specific criteria for defining a fiber-based 8 collocator and applied those exact criteria in assessing the number of fiber-based 9 collocators within its Idaho wire centers. I will address how the methodology developed 10 by Qwest was accepted by a coalition of impacted competitive cariers, as well as by 11 other state jursdictions. Finally, for the Qwest Idaho wire centers that have been 12 determined to be non-impaired, my testimony presents the list of fiber-based collocators 13 located in those wire centers. 14 CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 7 QWEST CORPORATION 1 III. THE TRIENNIA REVIEW REMAD ORDER SPECIFICALLY DEFINED 2 WHAT CONSTITUTES A FIBER-BASED COLLOCATOR 3 4 5 Q. WHT IS A COLLOCATION? 6 A. Pursuant to the Telecommuncations Act of 1996 ("the Act"), Qwest and other 7 Incumbent Local Exchange Carers ("ILECs") opened their telecommuncations 8 networks to Competitive Local Exchange Carers ("CLECs"). This was accomplished 9 by "interconnecting" Qwest's network with the facilities ofCLECs for the exchange of 10 telecommunications traffc between Qwest customers and CLEC customers. Qwest was 11 also required to offer portions (or piece parts) of its network called unbundled network 12 elements ("UNs") for use by CLECs at less-than-market rates, and specifically, at a 13 forward-looking economic cost concept known as Total Element Long Run Incremental 14 Cost ("TELRIC")). In order for CLECs to interconnect with Qwest and/or to access 15 Qwest UNEs, Qwest provided space within its central offices (or wire centers) for CLECs 16 to place their necessar equipment. Ths space is known as collocation space, and the 17 placement of such facilities in a Qwest office is called "collocation." 18 There are several collocation tyes that are offered by Qwest: Physical 19 (sometimes referred to as "Caged"); Cageless; Virtual; Facility Connected; and ICDF 20 Collocations. Each of these types may var in architectural specifics, but all have the CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 8 QWEST CORPORATION 1 same basic fuctionality. Moreover, all of these collocation tyes wil support both 2 copper facilities and fiber facilities. 1 3 4 Q.WHT is A COLLOCATOR? 5 A.A collocator is a CLEC that operates one or more collocation(s) within a Qwest 6 wire center. This testimony references "fiber-based collocators" in paricular; that is, 7 carers that operate collocations using fiber facilities and satisfying the FCC's definition 8 of "fiber-based collocators" set fort in the TRRO and its associated rule, 47 CFR § 51.5. 9 10 Q.ARE ALL OF THE FIVE COLLOCATION TYES CONSIDERED WHEN 11 DETERMINING THE NUMBER OF FIBER-BASED COLLOCATORS AND 12 WIRE CENTER NON-IMPAIRMENT UNDER THE TRRO? 13 A.No. Facility Connected and ICDF Collocations are not considered because they 14 do not contain the required power element. I discuss the power element later in this 15 testimony. 16 17 Q.WHAT IS INTEROFFICE TRASPORT? 1 A complete description ofQwest's collocation offerigs can be found at http://www.qwest.com/wholesale/pcatlcollocation.html. CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 9 QWEST CORPORATION 1 A.Simply put, interoffice transport facilities are the cable connections between wire 2 centers. These cable connections car traffic from one wire center to another. 3 Additionally, interoffice transport is a UNE which has been available to CLECs since the 4 1996 Act. After specific conditions are met, interoffice transport wil no longer be 5 available from Qwest as a UNE in wire centers that are "non-impaired." Those 6 conditions are set forth below. 7 8 Q.PLEASE EXPLAIN IN GREATER DETAIL THE FRAMEWORK UNDER 9 WHICH CLECs AR NO LONGER DEEMED "IMPAIRED", AND HOW THE 10 NUMBER OF FIBER-BASED COLLOCATORS IS A CRITICAL FACTOR IN 11 MANG A DETERMINATION OF "NON-IMPAIRMENT". 12 A.In her direct testimony, Renee Albersheim of Qwest gives a more detailed 13 description of the TRO and the TRRO. In addition, the following sumar gives a 14 sumar view of how the number of fiber-based collocators is a critical element of the 15 non-impairments tests as set forth in the TRRO. 16 DSI Transport 17 . DSI Transport Unbundling Test.2 Unbundling ofDSl inter-offce 18 transport is required on all routes except those connecting two 2 Ms. Albersheim describes DSI and DS3 and Dark Fiber transport, as well as DSI and DS3 loops, in her direct testimony. CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 10 QWEST CORPORATION 1 wire centers with four or more fiber-based collocations, or 2 38,000 or more business lines (i.e., "Tier 1" wie centers).3 3 4 DS3 I Dark Fiber Transport 5 . DS3 / Dark Fiber Transport Unbundling Test. Unbundling ofDS3 6 and dark fiber inter-offce transport is required on all routes except 7 those connecting wire centers where both of the wire centers 8 contain three or more fiber-based collocations, or 24,000 or more 9 business lines (i.e., "Tier 1" or "Tier 2" wire centers). 10 11 DSI Loops 12 . Available as UNEs except in wire centers with 60,000 or more 13 business lines andfour or more fiber-based collocations. 14 15 DS3 Loops 16 . Available as UNs except in wire centers with at least 38,000 17 business lines andfour or more fiber-based collocators. 18 19 Simply put, the number of fiber-based collocators and the number of business 20 lines in a wire center are the two determining factors in the FCC's tests for wire center 21 impairment. Qwest Exhibit 3, attched to Ms. Albersheim's direct testimony, is a 22 simplified graphic ilustration of the impairment tests. 23 3 While defied in greater detail in Ms. Albersheim's testimony, depending on the level of competitive presence in a given wire-center, a wire center wil be raned in one of three tiers. "Tier i" wire centers serve a minimum of 3 8,000 business lines or contain a minimum of four fiber-based collocators in the wire center. "Tier 2" wire centers serve 24,000 business lines or contain a minimum of three fiber based collocators in the wire center. Wire centers not meeting Tier 1 or 2 pareters are raned as "Tier 3" wire centers. CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 11 QWEST CORPORATION 1 Q.HOW DID THE TRRO DEFINE A "FIBER-BASED COLLOCATOR" FOR 2 PURPOSES OF DETERMNING NON-IMPAIRMENT? 3 A.The TRRO is quite specific in defining what constitutes a "fiber-based collocator." 4 The TRRO defines a fiber-based collocator as any carer, unaffliated with the incumbent 5 LEC, that maintains a collocation arangement in an incumbent LEC wire center, with 6 active power supply,4 and that operates a fiber-optic cable or comparable transmission 7 facility that (1) terminates at a collocation arangement within the wire center; (2) leaves 8 the incumbent LEC wire center premises; and (3) is owned by a part other than the 9 incumbent LEC or any affiliate of the incumbent LEC. TRRO, ir 102. Dark fiber 10 obtained from an incumbent LEC on an indefeasible right of use ("IRU,,)5 basis is treated 11 as non-incumbent LEC fiber-optic cable. TRRO, ir 102, fn. 292. Two or more affiliated6 12 fiber-based collocators in a single wire center are collectively counted as a single fiber- 4 Appendix B of the TRRO, Terms and Definitions, defines a fiber-based collocator as having an active electrical power supply. 5 The FCC's rule, 47 CFR § 51.319( a)( 6) states; "Dark fiber is fiber within an existing fiber optic cable that has not yet been activated though optronics to render it capable of caring communications services." An Indefeasible Right of Use (IRU) is a contractual agreement between the operators of a communications cable, such as fiber optic network, and a client, grnting the client exclusive, unestricted, and indefeasible right to use the relevant capacity (including equipment, fibers or capacity) for any legal purose. The right of use is indefeasible, so the right of use canot be voided. 6 Footnote 470 (page 95) of the TRRO states: "As in relation to our transport analysis, we use the terms affliate and affiliated here consistent with the definition set forth in section 3(1) of the Act. See 47 U.S.C. § 153(1)." 47 U.S.C. § 153(1) defies an affliate as "... a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For puroses of this paragraph, the term own means to own an equity interest (or the equivalent thereof) of more than 10 percent." CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 12 QWEST CORPORATION 1 based collocator. TRRO, ir 102; see also 47 CFR § S1.S ("Rule SI.5). Fixed-wireless 2 collocation arangements are included "if the carer's alternative transmission facilties 3 both terminate in and leave the wire center." TRRO, ir 102. Finally, a competitor's 4 collocation arrangement counts toward the qualification of a wire center for a paricular S tier irrespective of the services that the competing carer offers. Id 6 7 Q.YOU TESTIFIED THAT THE OTHER ELEMENT CRITICAL TO THE 8 IMPAIRMENT TEST IS THE NUMBER OF BUSINESS LINES. WH AR YOU 9 NOT ADDRESSING THIS ELEMENT? 10 A.Ms. Albersheim of Qwest discusses how business lines were defined with the 11 TRRO in her direct testimony. Furhermore, her testimony detals how Qwest compiled 12 the data that it presented to the FCC when identifying which of its wire centers would no 13 longer be subject to unbundling requirements when provisioning dedicated inter-offce 14 transport and high-capacity loops. is CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 13 QWEST CORPORATION 1 2 3 iv. QWEST'S PROCESS FOR IDENTIFYING FIBER-BASED COLLOCATORS WAS BASED ON A LITERA READING OF THE PARAETERS SET FORTH IN THE TRRO 4 5 Q.HOW DID QWEST IDENTIFY THE NUMBER OF FIBER-BASED 6 COLLOCATORS WITHIN ITS IDAHO WIRE CENTERS? 7 A.When Qwest undertook the effort of identifying its non-impaired wire centers in 8 2005, it was necessary to develop a methodology that accurately counted the number of 9 business lines and fiber-based collocators. In doing so, Qwest took the criteria set fort 10 in the TRRO for identifying a fiber-based collocator, and adopted the TRRO's definition 11 for fiber-based collocators verbatim. TRRO, ir 102. As such, the criteria that Qwest used 12 in identifying fiber-based collocators within its wire centers were: 13 a. having a collocation; 14 b. the collocation is being served by an active electrcal power supply; 15 c. the collocator is operating a fiber-optic cable or comparable transmission16 facility that: 17 (l) terminates at a collocation arangement withn the wire center, 18 (2) leaves the incumbent LEC's wire center premises, and 19 (3) is owned by a par other than the incumbent LEC or any affliate of 20 the incumbent LEC; and 21 d. in instaces where two or more affiliated fiber-based collocators, or a single 22 collocator, had multiple collocations in a single wire center, they were 23 collectively counted as a single-fiber-based collocator. 24 25 Qwest Exhibit 6 ilustrates typical collocation architectures which depict each of 26 the elements identified above. CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 14 QWEST CORPORATION 1 Q.THE TRRO ALSO SET CRITERIA REGARDING DARK FIBER USERS 2 AND FIXED WIRELESS PROVIDERS AS FIBER-BASED COLLOCATORS. 3 WHY AR THEY NOT ADDRESSED IN QWEST'S CRITERIA AS OUTLINED 4 ABOVE? S A.When Qwest first undertook its initial efforts (in 200S) to identify fiber-based 6 collocators as defined by the TRRO, Qwest made the decision not to include fixed 7 wireless providers and dark fiber users in its counts of fiber collocators. Qwest, instead, 8 took a very conservative approach for the sake of increased accuracy, and thus focused its 9 attention on the majority of qualifying collocators, which were fiber-based collocators. 10 Qualifying fixed wireless collocators and dark fiber users operating with an IRU 11 constitute a very small percentage of the total numbers of collocators. Thus identifying 12 and verifying these types of collocators would have required an extensive research effort 13 for little or no added benefit. This time-consuming effort was not practical, paricularly 14 in light of the short timeframe withn which Qwest had to complete its initial 200S filing is with the FCC.7 It seemed a more prudent approach to concentrate on compiling an 16 accurate list of the types of fiber-based collocators that constitute the vast majority of 17 fiber-based collocators within Qwests wire centers. 7 In her direct testimony, Ms. Albersheim describes in more detail Qwest's the initial 2005 fiing with the FCC. CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) is QWEST CORPORATION 1 Research that I have since conducted shows that neither fixed-wireless nor dark 2 fiber obtained from Qwest under an IRU have had any impact regarding the non- 3 impairment status of any Idaho wire centers. As such, I will not be addressing that aspect 4 of the TRRO (at least not at this time). s 6 Q.DESCRIBE THE PROCESS THAT QWEST UNDERTOOK IN 7 IDENTIFYING THE NUMBER OF FIBER-BASED COLLOCATORS IN IDAHO. 8 A.Qwest took the TRRO's very specific definition of a fiber based collocator and 9 developed a methodology that addressed the varous sub-elements that comprised the 10 FCC's definition of a fiber-based collocator. 11 First, Qwest used an internal database that tracks all CLEC-submitted and 12 approved collocation requests in order to develop a preliminar list of fiber-based 13 collocations. This list was then edited to extract all collocations that did not have a 14 record indicator for fiber entrance facilities (as this would be an indicator that the fiber is was not provided by Qwest or one of its affiliates). After these edits were completed, 16 Qwest had its preliminar list of collocators operating fiber facilities that were not 17 obtained from Qwest or one of its affliates. Data obtained from Qwests Collocation 18 Project Management Center was then used to verify that collocations on the preliminary 19 list had been provisioned with an active electrcal power supply. The presence of active CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 16 QWEST CORPORATION 1 power was verified through records indicating an order for power to the collocation and 2 billng for presence of a power supply to the collocation. 3 Thoughout this process, any discrepancies were fuer investigated and changes, 4 if necessary, were made. Qwest now had a list of collocators operating a collocation (in a S Qwest wire center) with an active electrical power supply. That is, within these 6 collocations, a carier was operating fiber facilities, not obtained from Qwest or its 7 affiiates, which terminated in the collocation and left the wire center premises. In short, 8 Qwest had a list of the collocators within its wire centers that met the FCC's definition of 9 a fiber-based collocator. 10 Qwests list of fiber-based collocators was fuer verified by an on-site physical 11 field validation conducted by Qwest state interconnection managers and/or central office 12 technicians. Qwest personnel assigned to the wire centers in question were asked to 13 conduct a physical inspection to visualy validate that the collocators in question were 14 actually fiber-based collocators and to provide documentation regarding the FCC's is criteria. Again, any discrepancies were fuer investigated and changes, if necessar, 16 were made. 17 Next, Qwest analyzed the resulting list to ensure that multiple collocations at a 18 single wire center by affiiated carers, or multiple collocations by a single carer, were 19 counted as only one fiber-based collocator. I note, however, that while Qwest has 20 instituted a process by which a CLEC can inform Qwest of any changes in ownership or CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 17 QWEST CORPORATION 1 responsibility of a collocations space, it is volunta process and CLECs do not always 2 inform Qwest of such changes. As such, Qwest can only use data that is has in its 3 possession, and it may not necessarly be aware of every change in ownership or affliate 4 status. In any case, Qwest makes every reasonable effort to insure that it has accurately S counted the number of collocators. 6 Finally, Qwest sent a letter to each CLEC advising them of the wire centers in 7 which Qwest showed the CLEC to have a fiber-based collocation as reflected by the data 8 on the list. In this letter, sent June 4, 2008, Qwest requested that each CLEC verify its 9 records to ensure that they agreed with Qwest s records, and if any discrepancies were 10 found, the CLEC could provide documentation regarding the collocation in question to 11 Qwest. Qwest Exhbit 7 is an example of the June 4, 2008 letter sent to the CLECs. 12 Of course, Qwest can only ask for the CLECs' cooperation in determning the 13 number of fiber-based collocators. Unfortately, many CLECs appear to be reluctant to 14 respond and thus Qwest is forced to rely on evidence that it can gather independently. is 16 Q.is THIS THE SAME METHODOLOGY THAT WAS INCLUDED IN THE 17 MULTI-STATE AGREEMENT REGARING WIRE CENTER DESIGNATIONS 18 AND RELATED ISSUES THAT MS. ALBERSHEIM DISCUSSED IN HER 19 TESTIMONY? CASE NO. QWE- T -08-07 4/17/09 TORRNCE,R(Di) 18 QWEST CORPORATION 1 A.Yes. The Settlement Agreement adopted Qwest's methodology for the 2 identification of fiber-based collocators in its entirety in Section V.B. The following is 3 Section V.B. of the Settlement: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 B.Collocation - 1. A fiber-based collocator is defined as any carier, unaffliated with the incumbent LEC (Qwest), that maintans a collocation arangement in an incumbent LEC (Qwest) Wire Center, with active electrcal power supply, and operates a fiber- optic cable or comparable transmission facility that: a. terminates at a collocation arangement withn the Wire Center; b. leaves the incumbent LEC's (Qwests) Wire Center premises; and c. is owned by a pary other than the incumbent LEC (Qwest) or any affiliate of the incumbent LEC (Qwest), except as set forth in ths 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 affiiated fiber-based collocators in a single Wire Center shall collectively be counted as a single fiber-based collocator. For the puroses of this definition, "affiliate" is defined by 47 U.S.C. § 153(1) and any relevant interpretation in that title. 2. Before classifying a carer as a fiber-based collocator in a Qwest fiing request pursuat to Section VI for Commission approval of a non-impaired designation, Qwest will: a. Confirm that the carer meets the criteria contained in the definition of fiber-based collocator in 47 C.F.R. § 51.5 (as reflected in paragraph B( 1) and subpars above); CASE NO. QWE-T-08-07 4/17/09 TORRNCE,R(Di) 19 QWEST CORPORATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 b. Conduct a field visit to verify and document the above (2.a.) criteria; and c. Validate the criteria against the most recent order and/or biling data. 3. Express fiber will be counted as a fuctional fiber facility for puroses of identifying a fiber-based collocator, if it meets the definition of fiber-based collocator in 47 C.F.R. §51.5 (as reflected in paragraph B(l) 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 fuctional fiber facility for purposes of identifying 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 location. 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 inform them that they wil be counted by Qwest as fiber-based collocators in Qwests filing. The CLEC will have a reasonable opportunty (which Qwest will identify in its letter but which will be no less than ten (l0) business days from the CLEC's confirmed receipt of Qwest's 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 collocators in its filing. No part shall use the absence of a response from a CLEC collocator as the sole basis for its position. Ms. Albersheim has included the entire Settlement Agreement as Qwest Exhbit 4 38 in her direct testimony. CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 20 QWEST CORPORATION 1 Q.DID QWEST VARY FROM THIS METHODOLOGY WHEN 2 DETERMINING THE NON-IMPAIRED WIRE CENTERS IN IDAHO? 3 A.No. This is the process that was followed by Qwest in determining the number of 4 fiber-based collocators in Idaho, which resulted in non-impairment designations for the S Boise Main and Boise West wire centers. 6 7 Q.DID ANY CLECs RESPOND TO QWEST'S LETTER REQUESTING 8 VALIDATION OF THEIR FIBER-BASED COLLOCATION DATA IN IDAHO? 9 A.Yes. However, only one of the six fiber-based collocators identified as operating 10 fiber-based collocations in the Boise Main and/or the Boise West wire centers responded 11 to Qwests June 4, 2008 letter requesting validation of their fiber-based collocation data. 12 The one responding CLEC confrmed its status as a fiber-based collocator. Qwest 13 Highy-Confdential Exhbit 8 is table ilustrating which fiber-based collocators 14 responded (and did not respond) to the June 4, 2008 letter and for the one Idaho CLEC is who did respond, summarizing its response. 16 17 Q.PLEASE DESCRIBE, IN FURTHER DETAIL, THE ON-SITE PHYSICAL 18 FIELD VERIFICATION THAT YOU REFERENCED ABOVE. CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 21 QWEST CORPORATION 1 A.For each wire center, all identified collocations were entered into a template 2 spreadsheet. The purose of the spreadsheet was to facilitate the documentation of the 3 following via physical field verifications: 4 a. Verification of Operator/Carer Name - What name, if any, was 5 stenciled on the collocation space? If stenciled, did the name on the space 6 match that of the operator/carer on record? 7 b. Verification of Power - Upon visua inspection, was there active power 8 to the collocation space? Were complete electrcal circuits in place to 9 Qwest power systems? Ifnecessar, could power be verified through 10 billng records? 11 c. Verification of Fiber Facilities - Could fiber be visually verified? Was 12 it an express fiber?8 Upon a visual inspection, did the fiber terminate 13 on equipment withn the collocation space? Did the fiber leave the 14 wire center premises? 15 Whle the basic parameters to be verified were taen directly from the criteria set 16 forth in the TRRO in defining a fiber-based collocation, Qwest took it upon itself to 17 validate additional elements (elements not included in the TRRO definition) to fuer 18 insure that the list of fiber-based collocators was as accurate as possible. These elements 8 Express fiber is a CLEC-provided fiber that is brought directly into the collocation with no Qwest-provided entrance facility. CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 22 QWEST CORPORATION 1 included, but were not limited to, items such as the position/location on Qwest power 2 equipment, the tye of fiber entrance facilty, and the identification stenciling. 3 Durng the first week of May 2008, Qwest sent the template spreadsheet 4 document to its Idaho central office field personneL. Specifically, the central office 5 personnel were directed to physically inspect the identified wire centers and to (1) verify 6 the information for the fiber-based collocations identified and listed in the initial FCC 7 filing, (2) add any fiber-based collocations that met the criteria but that were not captued 8 in the initial list, and to document the collocations, (3) investigate disputes of data, if any, 9 provided by CLECs, and (4) provide any pertinent anecdotal information or comments 10 they may have had regarding any of the collocations. Qwest Highly-Confidential Exhibit 11 9 contains the verification spreadsheets that were populated as the field validations were 12 completed for the Tier 1 and Tier 2 wire centers in Idaho. 13 CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 23 QWEST CORPORATION 1 V. QWEST FILED A LIST OF NON-IMP AIRED WIRE CENTERS WITH 2 THE FCC THAT REFLECTED A COMPREHENSIVE AN 3 ACCURATE REVIEW OF FIBER-BASED COLLOCATORS 4 5 Q. QWEST HAS DETERMINED THAT BOISE MAIN AND BOISE WEST 6 ARE NON-IMPAIRED WIRE CENTERS. HOW MANY FIBER-BASED 7 COLLOCATORS AR IN EACH OF THOSE WIRE CENTERS? 8 A.Qwest has validated that the Boise Main wire center is a "Tier 1" wire center 9 containing five fiber-based collocators, and that the Boise West wire center is a "Tier 2" 10 wire center containing thee fiber-based collocators. 11 12 Q.DOES EACH OF THE FIBER-BASED COLLOCATORS IDENTIFIED IN 13 THE BOISE MAIN AND BOISE WEST WIRE CENTERS MEET THE FCC's 14 DEFINTION OF A FIBER-BASED COLLOCATOR AS SET FORTH IN THE 15 TRRO? 16 A.Absolutely. Each collocator maintains a collocation arangement within the 17 Qwest wire center with an active power supply. Withn their collocation, each operates a 18 fiber-optic facility. That fiber-optic facility terminates in that collocation arangement, 19 and that facility leave the Qwest wire center premises. Finally, that fiber facility is not a 20 Qwest-owned facilty. CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 24 QWEST CORPORATION 1 Q.PLEASE PROVIDE THE LIST OF FIBER-BASED COLLOCATORS IN 2 IDAHO WIRE CENTERS THAT QWEST USED IN DEVELOPING THE LIST 3 OF NON-IMPAIRED WIRE CENTERS THAT WAS FILED WITH THE FCC 4 AND THE IDAHO PUC ON JUE 27, 2008. 5 A.Qwest Highly-Confidential Exhibit 10 is the list of fiber-based collocators in 6 Idaho that Qwest used in determining the final list of non-impaired wire centers in this 7 state. 8 CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 25 QWEST CORPORATION 1 2 VI.SUMMAY OF TESTIMONY 3 Q. 4 A. PLEASE PROVIDE A BRIEF SUMMARY OF YOUR TESTIMONY. Qwest is requesting that the Idaho Public Utilties Commission validate its list of S non-impaired Idaho wire centers as being accurate. Using the criteria set forth by the 6 TRRO, Qwest undertook extensive efforts to compile a comprehensive and accurate list 7 of fiber-based collocators within its Idaho wire centers, one of the determining factors in 8 identifying non-impaired wire centers. That effort resulted in two Idaho wire centers, 9 Boise Main and Boise West, as being non-impaired based on the presence of a sufficient 10 number of fiber-based collocators. 11 With that objective in mind, Qwest used its collocation tracking records and 12 biling data as its baseline data. Simply stated, Qwest applied a literal interpretation of 13 the criteria set forth in the TRRO for determining a fiber-based collocator, and thus 14 adopted the TRRO's criteria as the baseline for its process for identifying fiber-based is collocators within those wire centers. The accuracy of this baseline data was validated as 16 Qwest incorporated CLEC responses to Qwest' s requests for confirmation of data and 17 actul field verifications of wire centers. Thus, the resulting list of fiber-based 18 collocators in Idaho wire centers is accurate, comprehensive, and has been verified in 19 numerous ways, including through tracking records, power records and biling records 20 and through physical inspections. Qwest undertook extensive efforts to obtain an CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 26 QWEST CORPORATION 1 accurate inventory of the fiber-based collocators in Idaho wire centers based on the 2 reasonably-available information to which it had access. This methodology has resulted 3 in accurate non-impairment designations that have been adopted by numerous state 4 commissions, and that was agreed to by a coalition of impacted CLECs in those larger 5 states that had non-impaired wire center proceedings. 6 As such, Qwest respectfully requests that the Commission validate Qwest s list of 7 its non-impaired wire centers in Idaho and adopt the provisions and methodology 8 contained within the Settlement Agreement attched to Qwest's Petition in this docket 9 and presented in Ms. Albersheim's testimony as Qwest Exhbit 4. 10 11 12 13 CASE NO. QWE- T -08-07 4/17/09 TORRNCE, R (Di) 27 QWEST CORPORATION 1 2 VII. CONCLUSION 3 Q. DOES THIS CONCLUDE YOUR TESTIMONY? 4 A, Yes, it does. Thank you. CASE NO. QWE-T-08-07 4/17/09 TORRNCE, R (Di) 28 QWEST CORPORATION Fi b e r - B a s e d C o l l o c a t i o n A r c h i t e c t u r e s Ty p i c a l F i b e r - B a s e d C o l l o c a t o r CL E C P r o v i d e d II ' . . . Fi b e r F a c i l t y g. " . . 1 ' . . . ¡ " ; " ' ~c - p o i i Fi b e r En t r a n c e F a c i l i t y No t e : F o r t h e s a k e i f c l a r i t y a n d si m p l i c i t y , n o t a l l e l e m e n t s a l o n g a J i b e r r o u t e h a v e b e e n d e p i c t e d (i . e . o t h e r m a n h o l e s , d i s t r i b u t i o n Pa n e l s , o t l i e r c o l l o c a t i o n s ) . Va u l t Qw e s t W i r e C e n t e r Th e C L E C b r i n g s i t s f i b e r t o a C o l l o c a t i o n P o i n t o f In t e r f a c e ( C - P O I ) w h e r e i t i s s p l i c e d t o a n en t r a n c e f a c i l i t y , o b t a i n e d f r o m Q w e s t f o r e n t r y i n t o i t s w i r e c e n t e r , a n d w h i c h e x t e n d s f r o m th e C - P O I , t h r o u g h t h e w i r e c e n t e r v a u l t ( w h e r e i t i s c o n v e r t e d t o f i r e r a t e d c e n t r a l o f f i c e i n s i d e c a b l e ) , in t o t h e w i r e c e n t e r c e n t r a l o f f i c e , a n d i n t o t h e C L E C c o l l o c a t i o n s p a c e w h e r e t h e C L E C t e r m i n a t e s th e f i b e r o n t o C L E C e q u i p m e n t w i t h i n t h e c o l l o c a t i o n s p a c e . Qw e s t p r o v i d e s p o w e r t o t h e c o l l o c a t i o n s p a c e f o r C L E C e q u i p m e n t . Id a h o P u b l i c U t i l i t i e s C o m m i s s i o n Do c k e t No . Q W E - T - 0 8 - 0 7 Di r e c t T e s t i m o n y o f R a c h e l T o r r e n c e Qw e s t C o r p o r a t i o n Ap r i l 1 7 , 2 0 0 9 Qw e s t E x h i b i t 6 , P a g e I Fi b e r - B a s e d C o l l o c a t i o n A r c h i t e c t u r e s Fi b e r - B a s e d C o l l o c a t o r U s i n g Ex p r e s s F i b e r No t e : Fo r t h e s a k e i f c l a r i t y a n d si m p l i c i t y , n o t a l l e l e m e n t s a l o n g a J i b e r r o u t e h a v e b e e n d e p i c t e d (i . e . o t h e r m a n h o l e s , d i s t r i b u t i o n Pa n e l s , o t h e r c o l l o c a t i o n s ) . CL E C P r o v i d e d ~ - Fi b e r F a c i l i t y i~ - P 6 ¡ j - - i - Th e C L E C h a s b r o u g h t i t s o w n f i b e r t o a C o l l o c a t i o n P o i n t o f In t e r f a c e ( C - P O I ) w h e r e i t h a n d s of f a s u f f i c i e n t l e n g t h o f f i b e r f o r Q w e s t t o e x t e n d i t f r o m t h e C - P O I , t h r o u g h t h e v a u l t a n d i n t o t h e CL E C c o l l o c a t i o n s p a c e w h e r e C L E C t e r m i n a t e s t h e f i b e r o n t o C L E C e q u i p i n e n t w i t h i n t h e c o l l o c a t i o n sp a c e . ( I n a n e x p r e s s e n t r a n c e , t h e f i b e r e n t e r i n g t h e v a u l t m u s t b e f i r e r a t e d c e n t r a l o f f i c e i n s i d e c a b l e . ) Qw e s t p r o v i d e s p o w e r t o t h e c o l l o c a t i o n s p a c e f o r C L E C e q u i p m e n t . Id a h o P u b l i c U t i l i t i e s C o m m i s s i o n Do c k e t N o . Q W E - T - 0 8 - 0 7 Di r e c t T e s t i m o n y o f R a c h e l T o r r e n c e Qw e s t C o r p o r a t i o n Ap r i l 1 7 , 2 0 0 9 Qw e s t E x h i b i t 6 , P a g e 2 Qwest: Spirit of Service June4,2008 USA To: Announcement Date: Effective Date: Document Number: Notification Category: Target Audience: Subject: June 4,2008 NA NETW.06.04.08.B.005003.CLEC _Legal_ Owen_Info Network Notification CLEC Legal Ownership Information and Fiber- based Collocation Validation - Action Requested On June 27,2008 Qwest wil be filing with state regulatory commissions requesting that certain wire centers located in those states be deemed non-impaired. This filng is being made because the wire centers meet the threshold criteria for non-impairment outlined in the Federal Communication Commission's ("FCC") Triennial Review Remand Order, FCC-04-290 ("TRRO"). One component of the FCC's non-impairment thresholds is the presence of fiber-based collocators in a wire center. Rule 51.5 of the FCC rules requires that to be deemed a fiber- based collocation, the following criteria must be met: A fiber-based collocator is defined as any carrier, unaffiliated with the incumbent LEC (Qwest), that maintains a collocation arrangement in an incumbent LEC (Qwest) Wire Center, with active electrical power supply, and operates a fiber-optic cable or comparable transmission facility that: a. terminates at a collocation arrangement within the Wire Center; b. leaves the incumbent LEC's (Qwests) Wire Center premises; and c. is owned by a party other than the incumbent LEC (Qwest) or any affilate of the incumbent LEC (Qwest), except as set forth in this definition. Dark fiber obtained Idaho Public Utilities Commission Docket No. QWE-T-08-07 Direct Testimony of Rachel Torrence Qwest Corporation April 17, 2009 Qwest Exhibit 7, Page 1 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 affiliated fiber- based collocators in a single Wire Center shall collectively be counted as a single fiber-based collocator. For the purposes of this definition, "affliate" is defined by 47 U.S.C. §153(1) and any relevant interpretation in that title. The purpose of this notice is to advise you that Qwest is relying on the fiber-based collocation owned and operated by your company in support of its request that certain wire centers be found to be non-impaired and, therefore, relieving Qwest of unbundling obligations for certain high capacity UNEs. Provided below is your carrier-specific fiber-based collocation data on which Qwest is relying for its determination of wire center non-impairment. Please review this data and contact Qwest by no later than June 18, 2007, if you disagree with the fiber-based collocation designation and you have information to support this position or if there is some inaccuracy in the information Qwest has on file identifying legal ownership. REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED 10 BOISIOMA BOISE MAIN REDACTED REDACTED 10 BOISIOWE BOISE WEST REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED By close of business on June 18, 2008, please send to Qwest via certified mail a letter that includes: a. A verification of the ownership/relationship information described above, and; Idaho Public Utilties Commission Docket No. QWE-T-08-07 Direct Testimony of Rachel Torrence Qwest Corporation April 17,2009 Qwest Exhibit 7, Page 2 b. Additional information about other ownership relationships that may have an impact on Qwests fiber collocation customer records for this wire center, if any, and; c. A confirmation that these relationships meet the requirements of the FCC's Order and; d. A validation of the fiber-based collocation data as described above. Please address the letter to: Rachel Torrence, Director Network Policy Qwest Services Corporation 700W. Mineral Ave, Room MTG21.13 Littleton, CO 80120-0000 If you have any questions or would like to discuss this request, please contact Rachel Torrence via email: RacheI.Torrence~gwest.com Sincerely, Qwest Corporation '- Idaho Public Utilties Commission Docket No. QWE-T-08-07 Direct Testimony of Rachel Torrence Qwest Corporation April 17,2009 Qwest Exhibit 7, Page 3