20100601Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
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Maura E. Peterson
Paralegal
Regulatory Law
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May 27, 2010
Jean Jewell, Secretar
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-IO-02
Application for Approval of Amendment to the Interconnection Agreement
Milennium Networks, LLC
Dear Ms. Jewell:
Enclosed for fiing with this Commssion on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that ths matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concernng the enclosed. Thank you for your
assistance in this matter.
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr (g qwest.com
RECE
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNCTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-I0-02
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNCTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was fied with the Idaho Public
Utilties Commssion on May 21, 2010 (the "Agreement") pending approval. The Amendment
with Millennium Networks, LLC ("Millennium") is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252( e )(2) of the Act directs that a state Commssion may reject an amendment
reached through voluntar negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer not a pary to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commssion approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commssion, the United States Congress, and the Federal
Communications Commssion. Expeditious approval of this Amendment wil enable
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 1
Amendment for Mid-Span Meet POI
Millennium to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
Qwest further requests that the Commssion approve this Amendment without a hearng.
Because this Amendment was reached through voluntar negotiations, it does not raise issues
requiring a hearng and does not concern other paries not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted thi~~ay of May, 2010.
Qwest Corporation~ --
Adam L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
Amendment for Mid-Span Meet POI
CERTIFICATE OF SERVICE
I hereby certify that on thisZ ì~l. day of May, 2010, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilties Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell (g puc. state.id. us
Hand Delivery
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Michelle Motzkus
L&R Administrator
104101 Hwy 89
Freedom, WY 83120
_ Hand Delivery
_x_ U. S. Mail
Overnight Delivery
Facsimile
Email
/
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APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 3
Amendment for Mid-Span Meet POI
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Mid-Span Meet POI Amendment
to the Interconnection Agreement between
Qwest Corporation
and
Milennium Networks, LLC
for the State of Idaho
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IOAHO
Ul1UT\ES
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"), a Colorado corporation, and Milennium Networks, LLC ("CLEC"), a
Wyoming Limited Liability Company. 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 is currently pending Commission approval; and
WHEREAS, the Parties agree to amend the Agreement under the terms and conditions
contained herein; and
WHEREAS, CLEC's affiliate, Silver Star Telephone Company, Inc., is an ILEC operating outside
of Qwests service territory. Qwest and CLEC's affiliate, Silver Star Telephone Company, Inc.,
have jointly provisioned a facility between them which is used for the exchange of traffic
between Qwest and CLEC's affiliate, Silver Star Telephone Company, Inc. Qwest and CLEC
wish to use that facility for the separate exchange of traffic 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. CLEC wil 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 biling changes within two (2) biling cycles after the latest execution
date of this Amendment, with a true-up back to the latest execution date of this Amendment by
the end of the second billng cycle. The Parties agree that so long as Qwest implements the
billng changes and the true-up as set forth above, the CLEC's bils shall be deemed accurate
and adjusted without error.
April 28, 2010/mms/Millenniurn Networks, LLC/Mid-Span Meet POlliO
Amendment to CDS-100413-0001 Page 1 of 3
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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, wil be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
Milennium Networks, LLC
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April 28, 2010/mms/Millennium Networks, LLC/Mid-Span Meet POlliO
Amendment to CDS-100413-0001 Page 2 of 3
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ATTACHMENT 1
ATTACHMENT 1
Mid-Span Meet POI
Qwest and CLEC's affliated ILEC have previously exchanged traffic using facilities established
for the exchange of traffc between Qwest and CLEC's affilated ILEC operation. In order to
efficiently use the Parties' network facilities, the existing ILEC facility wil be treated as a
"Mid-Span Meet POi" point of interconnection, as defined below. CLEC wil provision separate
trunks on the existing facility for its non-ILEC traffic and represents and warrants that it wil 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.
Mid-Span Meet POI
Section 7.1.2.3 of the Agreement is hereby replaced, in its entirety, with the following:
7.1.2.3 A Mid-Span Meet POi is a negotiated Point of Interface, limited to the
Interconnection of facilties 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 wil use the existing facilities in place between CLEC's
affilated ILEC and Qwest, establishing a Mid-Span Meet POI within Qwests franchised
service territory over which CLEC wil establish its LIS trunking. For any additional Mid-
Span Meet POls that CLEC may request, the actual physical Point of Interface and facilities
used wil be subject to negotiations between the Parties. Each Party wil be responsible for
its portion of the build to the Mid-Span Meet POI. CLEC may not use remaining capability in
an existing Mid-Span Meet POi to gain access to Unbundled Network Elements. These
Mid-Span Meet POls wil consist of facilities used for the exchange of traffic and joint
provisioning of Telecommunications Services to End User Customers and other
Telecommunications Carriers.
April 28, 2010/mms/Milennium Networks, LLC/Mid-Span Meet POlliO
Amendment to CDS-100413-0001 Page 3 of 3