20020423Amendment.pdf

l0l S.Capitol Boulevard.Suite 1900STOELBoße.idaho 83702
ATTORNEYS AT LAW il22,2002
CURTIs D.McKENZIE
Direct Dial
[phone]
[e-mail]
CASE REOPENED
Ms.Jean Jewell,Secretary
Idaho Public Utilities Commission
472 W.Washington Street
Boise,Idaho 83720-0074
Re:Case No.SPR-T-01-1
Joint Application of Qwest Corporation and Sprint Communications
Company,L.P.for Approval of the Advice Adoption,Amendment
Language,Collocation Cancellation and Collocation
Decommission Amendment to the Interconnection Agreement for
the State of Idaho pursuant to 47 U.S.C.252(e)
Dear Ms.Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and Sprint
Communications Company,L.P.is an original and three (3)copies of the parties'Joint Applicationfor
approval of the Advice Adoption,Amendment Language,Collocation Cancellation and
Collocation Decommission Amendment to the Interconnection Agreement for the State of Idaho.
The parties respectfully request 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 matter.
Sinc r ,
Enclosures
cc:Debi Hartl (with pleading,with amendment)Or 3
Mr.Ken Ross (with pleading,with amendment)«a sh i n a ton
Calilornia
Litah
Boise-138603.1 0029164-00016 I d a ho
Mary S.Hobson (ISB#:2142)
Curtis D.McKenzie (ISB#:5591):''3
Stoel Rives LLP
101 S.Capital Blvd.,Suite 1900
Boise,ID 83702
Tele:[phone]
Mr.Ken Ross
Local Market Development
Sprint Communications,LP
6450 Sprint Parkway (MAILSTOP:KSOPHNO212)
Overland Park,KS 66251
Tele:[phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST )
CORPORATION AND SPRINT )
COMMUNICATIONS COMPANY,L.P.FOR )CASE Nos.SPR-T-01-1
APPROVAL OF THE ADVICE ADOPTION,)
AMENDMENT LANGUAGE,)
COLLOCATION CANCELLATION AND )
COLLOCATION DECOMMISSION )
AMENDMENT TO THE )
INTERCONNECTION AGREEMENT FOR )
THE STATE OF IDAHO )CASE REOPENED
PURSUANT TO 47 U.S.C.§252(E))
Qwest Corporation ("Qwest"),formerly US WEST Communications,Inc.,and Sprint
Communications Company,L.P.("Sprint")hereby jointly file their Application for Approval
of the Advice Adoption,Amendment Language,Collocation Cancellation and Collocation
Decommission Amendment ("Amendment")dated February 27,2002 to the Interconnection
Agreement of December 3,2001,for the State of Idaho.A copy of the Amendment is
submitted herewith.
Application for Approval of the Amendment to Interconnection Agreement for the State of Idaho between Qwest and Sprint -1
Boise-138595.1 0029164-00016
The 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 throughvoluntary negotiations only if the Commission finds that:the amendment (or
portion 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.
Sprint and Qwest respectfullysubmit that this Amendment provides no basis for either
of these findings,and,therefore jointly request that the Commission approve the Amendment
expeditiously.The 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 the Amendment will
enable Sprint to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
Sprint and Qwest further request that the Commission approve this Amendment without
a hearing.Because this Amendment was reached throughvoluntary negotiations,it does not
raise issues requiring a hearing and does not concern other parties not a party to the
negotiations.Expeditious approval would further the public interest.
Application for Approval of the Amendment to Interconnection Agreement for the State of Idaho between Qwest and Sprint -2
Boise-138595.1 0029164-00016
Respectfully submitted this$day of April,2002.
Mary S.Hobson
Stoel Rives
and
Mr.Ken Ross
Sprint Communications Company,L.P.
Application for Approval of the Amendment to Interconnection Agreement for the State of Idaho between Qwest and Sprint -3
Boise-138595.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on thise day of April,2002,I served the foregoing JOINT
APPLICATION OF QWEST CORPORATION and SPRINT COMMUNICATIONS
COMPANY,L.P.FOR APPROVAL OF THE ADVICE ADOPTION,AMENDMENT
LANGUAGE,COLLOCATION CANCELLATION AND COLLOCATION
DECOMMISSION AMENDMENT TO THE INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47 U.S.C.§252(e)upon all parties of record in
this matter by mailing a copy thereof properly addressed,with postage prepaid as follows:
Ms.Jean Jewell,Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise,Idaho 83720-0074
Mr.Ken Ross
Local Market Development
Sprint Communications,L.P.
6450 Sprint Parkway (MAILSTOP:KSOPHN0212)
Overland Park,KS 66251
Debi Hartl
Manager -Contracts
Qwest Legal Department
Contract Development &Services
7800 E.Orchard Rd.,#250
Englewood,CO 801111
Stoel Rives LLP
Application for Approval of the Amendment to Interconnection Agreement for the State of Idaho between Qwest and Sprint -4
Boise-138595.1 0029164-00016
Advice AdoptionLetter,Amendment Language,Collocation Cancellation and Collocation
Decommission Amendment
to the Interconnection Agreement between
Qwest Corporation andSprintCommunicationsCompany,L.P.
for the State of Idaho
This is an Amendment ("Amendment")to the Interconnection Agreement between Qwest
Corporation ("Qwest"),a Colorado corporation,and Sprint Communications Company,L.P.("Sprint"or "CLEC").Sprint and Qwest shall be known jointly as the "Padies".
RECITALS
WHEREAS,Sprint and Qwest entered into an Interconnection Agreement ("Agreement")for
service in the state of Idaho which was approved by the Idaho Public Utilities Commission
("Commission");and
WHEREAS,the Parties wish to amend the Agreement further under the terms and conditions
contained herein.
AGREEMENT
NOW THEREFORE,in consideration of the mutual terms,covenants and conditions contained
in this Amendment and other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding terms and conditions for the Advice Adoption
Letter process as set forth in Attachment 1 and Exhibits A &B to this Amendment,attached
hereto and incorporated herein by this reference,by replacing Section (A)3.26 in its entirety as
specified on Attachment 2,attached hereto and incorporated herein by this reference,and by
adding terms and conditions for Collocation Cancellation and Collocation Decommission as set
forth on Attachment 3 and Attachment 4,also attached hereto and incorporated herein by this
reference.
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,Sprint must generate,if necessary,an updated Customer
Questionnaire.In addition to the Questionnaire,all system updates will need to be completed
by Qwest.Sprint will be notified when all system changes have been made.Actual order
processing may begin once these requirements have been met.
Further Amendments
Except as modified herein,the provisions of the Agreement shall remain in full force and effect.
Advice Adoption-Colos Amd Sprint/ID 1
Amendment to CDS-010905-0050/dhd/2-27-2002
Neither the Agreement nor this Amendment may be further amended or altered except by
written instrument executed by an authorized representative of both Parties.
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 shallconstituteoneandthesameinstrument.
Sprint Communications Company,L.P.Qwest Corporation
Signature L Signature
W,Richard Morris L.T.Christensen
Name PrintedfTyped Name Printed/Typed
Vice President -State External Affairs Director-BusinessPolicv
M rch 14,2002
Title
Date Date Ë /
Advice Adoption-Colos Amd Sprint/ID 2
Amendment to CDS-010905-0050/dhd/2-27-2002
Fiscal Authol,zation Financial Policy Wo.:20.1
Temporary Delegation of ApprovalAuthority Exhibit A
To:SVP-Controller,Sprint
i TJ.Richard Morris ,Vice President -State Externã1 Affairs
Name Title
in accordance with Financial Policy 20.1,Fiscal Authorization,do hereby delegate my fiscal approvalauthorityto:
Ken S.Ross Director,State!External Affairs
Name Title
For the followingexpenditure types and amounts:
Expenditure Type $Limit
Interconnection Contracts $1,000,000.00
This delegation of authority is effective for the period Fores13 it,sis 2002
to and is necessary due to business and vacation
(reason,e.g.,absence,vacation,etc.).
March 12,2002
Signature of person receiving temporary delegation(in ink)Date
Ken S.RossPrintnameofperson receiving temporary delegation (in ink)
3/12/02
Signatore of person whose authority is being delegated (in ink)Date
W Richard MorrisPrintnameofpersonwhose authority is being delegated (in ink)
Instructions:A copy of this completed form should accompany individual financial commitment or
expendituredocumentation approved under this above temporary delegation.
1 of 1 09/15/2000 1:56 PM
ATTACHMENT 1
ATTACHMENT 1
1.Sprint and Qwest agree that the Agreement can only be amended in writing,as set forth
in Section (A)3.26 of the Agreement,executed by the duly authorized representatives of the
Parties.
1.1 Notwithstanding the above,if the Commission orders,or Qwest chooses to offer
and Sprint desires to purchase,new Interconnection services,access to additional
Unbundled Network Elements,additional ancillary services or Telecommunications
Services available for resale which are not contained in the Agreement or a Tariff,Qwest
will notify Sprint of the availability of these new services through the Change
Management Process ("CMP").Sprint must first complete the relevant section(s)of the
New Product Questionnaire to establish ordering and billing processes.In addition,the
Parties shall amend the Agreement under one (1)of the following two (2)options:
1.1.1 If Sprint is prepared to accept Qwest's terms and conditions for such new
products,Sprint shall execute a form Advice Adoption Letter (the form of which is
attached hereto as Exhibit A),to be furnished by Qwest,and include as an
attachment,the discreet terms and conditions available on Qwest's wholesale
web site,that Qwest has identified as pertaining to the new product.Sprint shall
submit the Advice Adoption Letter to the Commission for its approval.Sprint
shall also provide the Advice Adoption Letter to Qwest pursuant to the notice
provisions in the Agreement and may begin ordering the new product pursuant to
the terms of the Agreement as amended by such Advice Adoption Letter.
1.1.2 If Sprint wishes to negotiate an amendment with different terms and
conditions than defined by Qwest for such new product,Sprint agrees to abide by
those terms and conditions on an interim basis by executing the Interim Advice
Adoption Letter (the form of which is attached hereto as Exhibit B)based upon
the terms and conditions available on Qwest's wholesale web site that Qwest has
identified as pertaining to the new product.The Interim Advice Adoption Letter
will terminate when the final amendment is approved.The rates,and to the
extent practicable,other terms and conditions contained in the final amendment
will relate back to the date the Interim Advice Adoption Letter was executed.No
new product offering or accompanying Interim Advice Adoption Letter will be
construed to limit or add to any rates,terms or conditions existing in the
Agreement.
Advice Adoption-Colos Amd Sprint/ID 3
Amendment to CDS-010905-0050/dhd/2-27-2002
EXHIBIT A
ADVICE ADOPTION LETTER
Director of Interconnection Compliance
C/O Heidi Higer
Qwest
1801 California,Room 2410
Denver,CO 80202
Re:Qwest Corporation ("Qwest")New Product:
Dear Sir or Madam:
By its signature below,("Sprint")hereby agrees to be
bound by the rates,terms and conditions that Qwest has offered and provided on its Web Site
for the New Qwest Product identified above as an amendment to its InterconnectionAgreement
with Qwest for the state(s)of
Sprint certifies that the rates,terms,and conditions contained on Attachment A (attached
hereto)are the rates,terms and conditions contained on Qwest's web site that have beenprovidedfortheNewProductidentifiedabove.
Sprint
By:
Title:
Date:
Advice Adoption-Colos Amd Sprint/lD 4
Amendment to CDS-010905-0050/dhd/2-27-2002
EXHIBlT B
INTERIM ADVICE ADOPTION LETTER
Director of Interconnection Compliance
C/O Heidi Higer
Qwest
1801 California,Room 2410
Denver,CO 80202
Re:Qwest Corporation ("Qwest")New Product:
Dear Sir or Madam:
By its signature below,("Sprint")hereby agrees to be
bound by the rates,terms and conditions that Qwest has offered and provided on its Web Site
for the New Qwest Product identified above as an interim amendment to its Interconnection
Agreement with Qwest for the state(s)of
Sprint certifies that the rates,terms,and conditions contained on Attachment A (attached
hereto)are the rates,terms and conditions contained on Qwest's web site that have been
provided for the New Product identified above.
Qwest acknowledges that Sprint believes that the rates,terms and conditions for the
Qwest New Product should be altered and that Sprint enters into this Interim Advice Adoption
Letter with the express intention to renegotiate the rates,terms and conditions associated with
the Qwest New Product pursuant to the terms of the Advice Adoption Letter Amendment
executed by the Parties.Sprint enters into this Interim Advice Adoption Letter without prejudice
to or waiver of any of its rights to challenge the terms and conditions of this Interim Advice
Adoption Letter under the Interconnection Agreement,the Act,FCC or state Commission rules.
Sprint
By:
Title:
Date:
Advice Adoption-Colos Amd Sprint/lD 5
Amendment to CDS-010905-0050/dhd/2-27-2002
ATTACHMENT 2
ATTACHMENT 2
The Parties to this Amendment agree that Section (A)3.26,Amendment,of the Agreement is
replaced in its entirety with the following language:
(A)3.26 -Amendment
Either Party may request an amendment to this Agreement at any time by providing to the other
Party in writing information about the desired amendment and proposed language changes.If
the Parties have not reached agreement on the requested amendment within sixty (60)calendar
Days after receipt of the request,either Party may pursue resolution of the amendment through
the Dispute Resolution provisions of this Agreement.
Advice Adoption-Colos Amd Sprint/ID 6
Amendment to CDS-010905-0050/dhd/2-27-2002
ATTACHMENT 3
ATTACHMENT 3
Collocation Cancellation
If terms and conditions for Collocation Cancellation are included in the CLEC Interconnection
Agreement,and those terms differ from those set forth in this document,the terms of the
Interconnection Agreement will prevail.
1.Description
1.1 Cancellation is available for all Collocation sites under a particular Billing Authorization
Number (BAN)for which the CLEC has not received notification of completion from Qwest.A
Cancellation will only occur upon request by the canceling CLEC.
1.2 Cancellation is offered for Caged Physical,Cageless Physical,Virtual,and ICDF
Collocation.
1.3 All other types of collocation to be cancelled will be handled on an Individual Case Basis
(ICB)by contacting the appropriate Qwest Wholesale Collocation Project Manager.
1.4 A request for Cancellation is irrevocable once Qwest has accepted the application.
2.Terms and Conditions
2.1 The canceling CLEC,may only submit a Cancellation Application if a Collocation quote
has been accepted and the initial payment has been paid.The collocation Cancellation may
only be initiated if the Collocation job is in progress and not yet complete.
2.2 Qwest will stop work on a job in progress upon receipt and acceptance by Qwest of a
valid Cancellation Application.
2.3 Based on when the Cancellation Application is received by Qwest,the completion status
of the Collocation job and the determination of the amount paid to Qwest,the following will
occur:Qwest will cancel the Collocation job in progress,conduct an inventory,and issue a final
revised quote setting forth the amount due or the appropriate adjustments.The revised final
quote will be issued within 30 calendar days of Qwest's acceptance of the Cancellation
Application.
2.4 The Quote Preparation Fee (QPF)for the original Collocation Request must be paid,if
the job is cancelled.
2.5 In the event Splitter Collocation with the BAN of the collocation site is to be canceled,
such Splitter Collocation will be cancelled automatically pursuant to the submitted Cancellation
Application.
2.6 In the event that CLEC has requested Direct CLEC-to-CLEC with the BAN of the
collocation site to be cancelled,such Direct CLEC-to-CLEC will be cancelled automatically
pursuant to the submitted Cancellation Application.
Advice Adoption-Colos Amd Sprint/ID 7
Amendment to CDS-010905-0050/dhd/2-27-2002
ATTACHMENT 3
3.Rate Elements
3.1 Pursuant to the standard terms of the Facility Cancellation Agreement,Qwest will not
charge for the cancellation service except as specifically provided herein.
4.Ordering
4.1 Cancellation requires submission of a "Cancellation,Decommission,Change ofResponsibilityApplicationForm".
4.1.1 The Application form is located on the Qwest web site at:
http://www.qwest.com/wholesale/pcat/collocation.html
4.1.2 The Application must be submitted to colo qwest.com and [e-mail]
4.1.3 Qwest will follow its standard Cancellation order validation procedures,providing
acknowledgment of acceptance or rejection within one business day of receipt of a valid
and complete Application.
5.Procedures
5.1 Upon receipt and acceptance by Qwest of the Cancellation Application,Qwest will cease
all work,with the exception of the elements that are then in the process of being built.The
installation of such elements will be completed and CLEC will be billed accordingly.
5.2 Upon Cancellation,materials owned by CLEC and utilized in building the Collocation site
will not be returned unless CLEC requests their return in writing (indicated in the Notes section
on the Cancellation,Decommission,Change of ResponsibilityApplication Form).
5.3 In the situation where CLEC equipment is on the site prior to the scheduled "Ready For
Service"(RFS)date,CLEC shall be notified to remove CLEC equipment.
Advice Adoption-Colos Amd Sprint/ID 8
Amendment to CDS-010905-0050/dhd/2-27-2002
ATTACHMENT 4
ATTACHMENT 4
Collocation Decommission
If terms and conditions for Collocation Decommissioning are included in the CLEC
Interconnection Agreement,and those terms differ from those set forth in this document,then
the terms of the InterconnectionAgreement will prevail.
1.Description
1.1 Decommissioning refers to the deactivation of a Collocation site occupied by CLEC and
removal of CLEC equipment there from.
1.2 Decommissioning is offered for Caged Physical,Cageless Physical,Virtual,and ICDF
Collocation.
1.3 All other types of collocation to be decommissioned will be handled on an Individual
Case Basis (ICB)by contacting the appropriate Qwest Wholesale Project Manager (WPM).
1.4 A request for Decommissioning is irrevocable once Qwest accepts the application.
2.Terms and Conditions
2.1 A Collocation site will be considered eligible for decommissioning after the site is built-
out and accepted by CLEC.See completion and account billing process in the Qwest Product
Catalog (PCAT).
2.2 Qwest requests the vacating CLEC remove equipment prior to submitting a
DecommissioningRequest.
2.3 If CLEC does not remove equipment within thirty calendar days from Qwest's
acceptance of the Decommissioning Application,Qwest will send a notification stating the
equipment is considered abandoned.
2.3.1 Upon receiving notification of abandonment from Qwest,CLEC will have fifteen
calendar days to notify Qwest that the equipment is not abandoned and remove equipment.
2.3.2 Qwest will review CLEC responses and assess if the equipment has been
abandoned in Qwest's reasonable discretion.If CLEC does not remove the equipment in
question and Qwest determines that the same has been abandoned,Qwest will send a final
notification and bill for the labor charges associated with Qwest's removal of the abandoned
equipment.
2.3.3 In the case of Virtual Collocation,Qwest will automatically remove all equipment
within ninety calendar days.
2.3.3.1 Qwest will negotiate with CLEC for the pick up of the equipment.
Advice Adoption-Colos Amd Sprint/ID 9
Amendment to CDS-010905-0050/dhd/2-27-2002
ATTACHMENT 4
2.3.3.2 For Virtual Collocation,there will be no cost for the removal of CLECequipment.
2.4 Prior to submitting a Decommissioning Request,financial obligations with respect to thecollocationsitetobedecommissionedmustbecurrent,with the exception of formally disputed
charges.
2.4.1 CLEC financial obligations include payment of 100%of all non-recurring quoted
charges and all applicable monthly recurring charges that are more than 30 days past due.
2.5 CLEC must disconnect all services from the Collocation site to be decommissioned prior
to submitting the Decommissioning Request.Services to be disconnected by CLEC include,but
are not limited to:Unbundled Network Elements,administrative lines,finished services,and line
sharing services.Services will need to be disconnected via ASR/LSR.If CLEC does notdisconnectservices,all charges with respect to such site will continue to accrue and the
Decommissioning Application will be rejected.
2.6 Prior to disconnecting the circuits associated with the Collocation site CLEC must notify,
in writing,all current end users and service customers of the discontinuation of service.
2.7 CLEC must submit an e-mail notification attached to the Decommissioning RequestrepresentingtoQwestthatallendusersandservicecustomershavebeenproperlynotified.
Failure to include such representation will result in the rejection of the Decommissioning
Request.
2.8 Terms in the Interconnection Agreement with Qwest must contain finalized terms and
conditions associated with the decommissioning of a collocation site.
2.9 When submitting a Decommissioning Request for a Collocation site that also has a
Direct CLEC-to-CLEC arrangement:
2.9.1 Qwest requires that the Direct CLEC-to-CLEC Connection be disconnected at the
same time that Qwest performs the decommissioning.
2.9.2 The CLEC submitting the Decommissioning Request must:
2.9.2.1 Submit a Letter of Authorization signed by both the vacating CLEC and
partnering CLEC that authorizes Qwest to disconnect the installed Direct CLEC-
to-CLEC cabling.
2.9.2.2 If a copy of the required Letter of Authorization is not attached to the
Decommissioning Request,the application will be rejected as incomplete.
2.10 CLEC will be eligible for reimbursement on the re-usable elements (cable terminations
including DSO,DS1,DS3,fiber terminations,and splitter cabling)for up to one calendar year
from the Decommission Application submit date.An inventory will be completed by Qwest and
furnished within 90 calendar days of the Decommission Application acceptance identifying the
re-useable elements and the potential credit.
Advice Adoption-Colos Amd Sprint/ID 10
Amendment to CDS-010905-0050/dhd/2-27-2002
ATTACHMENT 4
2.11 CLEC is required to return the space to turnover condition.Turnover condition is defined
as the same condition in which CLEC originally assumed the Collocation site.
3.Rate Elements
3.1 Under the standard terms of the Facility Decommissioning Agreement,Qwest will not
charge for the decommissioning service provided herein,unless equipment has been
abandoned or the Collocation space has not been returned to turnover condition.
Rates :
3.1.1 Miscellaneous labor hourly charges as defined below will apply,
3.1.2 Additional dispatch charges,will apply for unmanned offices,as defined below.
4.Ordering
4.1 The decommission process requires the submission of a "Cancellation,Decommission,
Change of ResponsibilityApplication Form".
4.1.1 The Application form is located on the Qwest web at:
http://www.qwest.com/wholesale/pcat/collocation.html
4.1.2 The Decommissioning Application should be submitted to:[e-mail] and
[e-mail].
4.1.3 Qwest will notify CLEC within one business day if the prerequisites have been
met.Qwest will validate the order within two business days from receipt of the
application.
Idaho
*Per 1/2 hour or fraction Recurring Non Recurring
thereof
*Additional Labor Other -Basic $28.50 1
*Additional Labor Other -Overtime $38.06 1
*Additional Labor Other -Premium $47.64 1
Additional Dispatch $86.88 1
[1]Rates addressed in Cost Docket 6/29/01.(TELRIC)
Advice Adoption-Colos Amd Sprint/ID 11
Amendment to CDS-010905-0050/dhd/2-27-2002