20101124Amendment.pdf

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Owest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
E
zntO NOV 24 PM 2: 06
Maura E. Peterson
Paralegal
Regulatory Law to
UTlL\TI
Qwest$
Spirit of Service"
Via Overnight delivery
November 22,2010
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-09-14
Application for Approval of Amendment to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this tter.
mep
Enclosure
cc: Service list
'l
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seatte, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr (g q west.com
2010 NOV 24 PH 2: 06
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-09-14
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commssion on September 3,2009 (the "Agreement"). The Amendment with CTC
Telecom, Inc. is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable CTC
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 1
Mid Span Meet Point Amendment
Telecom, Inc. to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
rèquiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
rJl)Respectfully submitted this "& day of November, 2010.
~=est corpo~~i _n_'1~~__ti~~;
Adam L. She
Attorney for Qwest
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
Mid Span Meet Point Amendment
CERTIFICATE OF SERVICE
I hereby certify that on this _ day of November, 2010, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
JJewell (gpuc.state.id.us
Richard Wiggins
President and General Manager
Hand Delivery
U. S. Mail
-- Overnight Delivery
Facsimile
Email
_ Hand Delivery
_X_ U. S. Mail
Overnight Delivery
Facsimile
Email
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Maura Peterson
Paralegal, Qwest Corporation
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Mid Span Meet Point Amendment
Docu~n Envelope ID: C09F6361-2D87-4D60-B778-593E1FEB39F3
Mid-Span Meet POI Amendment REeE
to th~ Interconnection Agreement between
Qwest ~~i:oration 2DlBHDV24 PH2:fJ7
CTC Telecom, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"), a Colorado corporation, and CTC Telecom, Inc. ("CLEC"), an Idaho
corporation. Qwest and CLEC shall be known jointly as the "Parties",
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement", for service in
the State of Idaho, that was approved by the Idaho Public Utilities Commission on
September 3, 2009; and
WHEREAS, the Parties agree to amend the Agreement under the terms and conditions
contained herein; and
WHEREAS, CLEC's affiliate, Cambridge Telephone, is an ILEC operating outside of Qwests
service territory, and Qwest and Cambridge Telephone have jointly provisioned a facility
between them which is used for the exchange of traffic between Qwest and Cambridge
Telephone, and Qwest and CLEC wish to use that facility for the separate exchange of traffc
between Qwest and CLEC;
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as'follows:
Amendment Terms
The Agreement is hereby amended by adding terms and conditions for Mid-Span Meet POI, as
set forth in Attachment 1, attached hereto and incorporated herein.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need, CLEC must generate, if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be completed
by Qwest. CLEe will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met. Additionally, Qwest shall
implement any necessary billing changes within two (2) billing cycles after the latest execution
date of this Amendment, with a true-up back to the latest execution date of this Amendment by
the end of the second billing cycle. The Parties agree that so long as Qwest implements the
billing changes and the true-up as set forth above, the CLEC's bills shall be deemed accurate
and adjusted without error.
October 22, 2010/mms/CTC Telecom/lD/Mid-Span Meet POI
Amendment to CDS-090624-0001
Docu,sign Envelope ID: C09F6361-2D87 -4D60-B778-593E 1 FEB39F3..
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
The provisions of this Amendment, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties'
authorized representative. No waiver by any Party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
CTC Telecom, Inc.Qwest Corporation
680DB654B7E4473...
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1. Tßki.i-¡;rA~
DocuSigned By: L T Christensen
SignatureSignature
Richard Wiggins
Name Printed/Typed
L. T. Christensen
Name Printed/Typed
President & General Manager
Title
Director - Wholesale Contracts
Title
10/22/2010 10/24/2010
DateDate
October 22, 2010/mms/CTC Telecom/lD/Mid-Span Meet POI
Amendment to CDS-090624-0001 2
Doc4,igr¡ ~nv¡lope ID: c09F6361-2D87 -4D60-B778-593E 1 FEB39F3
ATTACHMENT 1
Qwest and CLEC's affiliated ILEC have previously exchanged traffic using facilities established
for the exchange of traffic between Qwest and CLEC's affiliated ILEC operation. In order to
effciently use the Parties' network facilities, the existing ILEC facility will be treated as a "Mid-
Span Meet POI" point of interconnection, as defined below. CLEC will provision separate trunks
on the existing facility for its non-ILEC traffc and represents and warrants that it will not use any
trunks over the existing facility established for use in its ILEC operations for any traffic that is
governed by this Agreement. Should either Party wish to alter the arrangements or establish
new facilities, the Parties will negotiate he new facilities arrangement(s) which would be used to
interconnect the networks.
1. Mid-Span Meet POI.
A Mid-Span Meet POI is a negotiated Point of Interface, limited to the Interconnection of
facilities between the Qwest Serving Wire Center location and the location of the CLEC switch
or other equipment located within the area served by the Qwest Serving Wire Center. The
Parties will use the existing facilities in place between CLEC's affiliated ILEC and Qwest,
establishing a Mid-Span Meet POI within Qwests franchised service territory over which CLEC
will establish its LIS trunking. For any additional Mid-Span Meet POls that CLEC may request,
the actual physical Point of Interface and facilities used will be subject to negotiations between
the Parties. Each Party will be responsible for its portion of the build to the Mid-Span Meet POI.
CLEC may not use remaining capabiliy in an existing Mid-Span Meet POI to gain access to
Unbundled Network Elements. These Mid-Span Meet POls will consist of facilities used for the
exchange of traffic and joint provisioning of Telecommunications Services to End User
Customers and other Telecommunications Carriers.
October 22, 2010/mms/CTC TelecomllD/Mid-Span Meet POI
Amendment to CDS-090624-0001 3