20030919Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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Ken Ross
Richard Morris
Sprint Communications
6450 Sprint Parkway - Mailstop KSOPHN0212
Overland Park, KS 66251
Telephone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND SPRINT
COMMUNICATIONS COMPANY, LP. FOR
APPROVAL OF THE AMENDMENT TO THE
INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
C. ~ 252(e)
CASE NO.: SPR-Ol-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE INTERCONNECTION
AGREEMENT
Qwest Corporation ("Qwest") and Sprint Communications Company, LP. ("Sprint"
hereby jointly file this Application for Approval of Amendment to the Interconnection
Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on
November 30 2001 (the "Agreement"). A copy of the Amendment 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.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-161911.1 0029164-00016
Sprint and Qwest respectfully submit this Amendment provides no basis for either
these findings, and, therefore jointly request 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 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 through voluntary 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.
Respectfully submitted this ih day of September, 2003.
Qwest Corporation
~~~
Stoel Rives LLP, Attorneys for Qwest
and
Ken Ross
Sprint Communications
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-161911.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this ih day of September, 2003 , 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
Boise, Idaho 83720-0074
ii ewellc7Ppuc.state.id. us
Ken Ross
Sprint Communications
6450 Sprint Parkway- Mailstop KSOPHNO212
Overland Park, KS 66251
Telephone: [phone]
Richard Morris
Sprint Communications
6450 Sprint Parkway
Mailstop KSOPHNO214-2A 721
Overland Park, KS 66251
Telephone: [phone]
Luba Hromyk
Qwest Communications International Inc.
1801 California Street - Room 3800
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
lhromyk~qwest.com
Hand Delivery
U. S. Mail
Overnight Delivery
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Email
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U. S. Mail
Overnight Delivery
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Email
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Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-161911.1 0029164-00016
UNE-P Line Splitting Amendment
to the Interconnection Agreement between
Qwest Corporation and
Sprint Communications Company loP.
for the State of Idaho
This is an Amendment ("Amendment") for UNE-Line Splitting to the Interconnection
Agreement between Qwest Corporation ("Qwest"), a Colorado corporation , and Sprint
Communications Company L.P. ("CLEC"). CLEC and Qwest shall be known jointly as the
Parties.
RECITALS
WHEREAS, CLEC 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
which is hereby acknowledged , the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding terms, conditions and rates for UNE-P Line
Splitting, as set forth in Attachment 1 and Exhibit A, to this Amendment, attached hereto and
incorporated herein by this reference.
Section 1.of the Underlying Agreement is amended to read as follows:1.2 The provisions in this Agreement are intended to be in compliance with and based
on the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state rules, regulations, and laws , as of April 1 , 2003 (the Existing Rules). Nothing in
this Agreement shall be deemed an admission by Qwest or CLEC concerning the interpretation
or effect of the Existing Rules or an admission by Qwest or CLEC that the Existing Rules should
not be changed , vacated, dismissed, stayed or modified. Nothing in this Agreement shall
preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper
interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be
changed, vacated , dismissed , stayed or modified. To the extent that the Existing Rules are
vacated, dismissed , stayed or materially changed or modified , then this Agreement shall be
amended to reflect such legally binding modification or change of the Existing Rules. Where the
Parties fail to agree upon such an amendment within sixty (60) Days after notification from a
Party seeking amendment due to a modification or change of the Existing Rules or if any time
during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for
a continuous period of fifteen (15) Days , it shall be resolved in accordance with the Dispute
Resolution provision of this Agreement. It is expressly understood that this Agreement will be
corrected, or if requested by CLEC, amended as set forth in this Section 1., to reflect the
outcome of generic proceedings by the Commission for pricing, service standards, or other
Sprint - 10
Amendment to COS-010905-0050
matters covered by this Agreement. Rates in Exhibit A will reflect legally binding decisions
the Commission and shall be applied on a prospective basis from the effective date of the
legally binding Commission decision, unless otherwise ordered by the Commission. Any
amendment shall be deemed effective on the effective date of the legally binding change or
modification of the Existing Rules for rates, and to the extent practicable for other terms and
conditions , unless otherwise ordered. During the pendancy of any negotiation for an
amendment pursuant to this Section 1., the Parties shall continue to perform their obligations
in accordance with the terms and conditions of this Agreement, for up to sixty (60) Days. If the
Parties fail to agree on an amendment during the sixty (60) Day negotiation period, the Parties
agree that the first matter to be resolved during Dispute Resolution will be the implementation
an interim operating agreement between the Parties regarding the disputed issues, to be
effective during the pendancy of Dispute Resolution. The Parties agree that the interim
operating agreement shall be determined and implemented within the first fifteen (15) Days
Dispute Resolution and the Parties will continue to perform their obligations in accordance with
the terms and conditions of this Agreement until the interim operating agreement is
implemented. For purposes of this section, "legally binding" means that the legal ruling has notbeen stayed, no request for a stay is pending, and any deadline for requesting a stay
designated by statute or regulation, has passed.
In addition to, but not in limitation 1.2 above, nothing in this Agreement shall
be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the FCC'
decision and rules adopted in 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, nor rules
regulations and interpretations thereof, including but not limited to state rules, regulations, and
laws as they may be issued or promulgated regarding the same (Decision(s)). Nothing in this
Agreement shall preclude or estop Qwest or CLEC from taking any position in any forum
concerning the proper interpretation or effect of Decisions or concerning whether the Decision
should be changed , vacated, dismissed , stayed or modified.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, theParties 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 will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
Amendments: Waivers
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.
Sprint - 10
Amendment to COS-010905-0050
Entire Amendment. This Amendment (including the documents referred to herein) constitutes
the full and entire understanding and agreement between the parties with regard to the subjects
of this Amendment 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
this Amendment.
.....
Signature
W. Richard Morris
Name Printed/Typed
LT. Christensen
Name Printed/Typed
Vice President, External \Affai
Title
September 9, 2003
Director - Business Policy
Title
or /li?~-- / e "3-
OateOate
Sprint - 10
Amendment to COS-010905-0050
ATTACHMENT 1
ATTACHMENT 1
UNE-P Line SplittinQ
21.1 Description
Line Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with an existing UNE-P by using the frequency range above the voice band on
the copper Loop. The advanced data service may be provided by the Customer of record or
another data service provider chosen by the Customer of record. A POTS Splitter must be
inserted into the UNE-P to accommodate establishment of the advanced data service. The
POTS Splitter separates the voice and data traffic and allows the copper Loop to be used for
simultaneous DLEC data transmission and Sprint provided voice service to the End User
Customer. "CLEC" will herein be referred to as the voice service provider while "DLEC" will be
referred to as the advanced data service provider. CLEC and DLEC may be the same entity.
Only one (1) Customer of record determined by the CLEC/DLEC partnership will be identified to
Qwest.
21.2 Terms and Conditions
21.General
21.The Customer of record will order the insertion of a POTS
Splitter. Qwest is not responsible for providing the Splitter, filter(s)
and/or other equipment necessary for the End User Customer to
receive separate voice and data service across a single copper Loop.
21.To order Line Splitting, CLEC/DLEC must have a POTS
Splitter installed in the Qwest Wire Center that serves the End User
Customer. The POTS Splitter must meet the requirements for Central
Office equipment Collocation set by the FCC or be compliant with ANSI
T1.413.
21.CLEC/DLEC may provide any xDSL services that are
compatible with CLEC UNE-P POTS service in accordance with ANSI
T1.413 or IEEE 820 or other industry standards.
21.1.4 There may be only one DLEC at any given time that
provides advanced data service on any given UNE-
21.The Customer of record will be able to request conditioning
of the Unbundled Loop portion of the UNE-P. Qwest will perform
requested conditioning of shared Loops to remove load coils and
excess Bridged Taps. If Sprint requests conditioning and such
conditioning significantly degrades the voice services on the Loop of the
UNE-P to the point that it is unacceptable to Sprint, Sprint shall pay the
conditioning rate set forth in Exhibit A to recondition the Loop.
21.POTS Splitters may be installed in Qwest Wire Centers in
either of the following ways at the discretion of CLEC/DLEC: (a) via the
standard Collocation arrangements set forth in the Collocation Section;
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Amendment to COS-O 10905-0050
ATTACHMENT 1
or (b) via Common Area Splitter Collocation as set forth in the Shared
Loop Section of this Agreement. Under either option, POTS Splitters
will be appropriately hard-wired or pre-wired so that Qwest is not
required to inventory more than two (2) points of termination. For UNE-
P Line Splitting, Qwest shall use the same number of Cross
Connections and the same length of the tie pairs as it uses for Line
Sharing.
21.Reserved for Future Use.
21.POTS Splitter Collocation requirements are covered in the
Shared Loop Section of this Agreement.
21.Qwest will enable Sprint to provide Qwest's DSL to an
end-user Customer via resale when service is provided by Sprint to that
End User Customer over UNE-
21.8.2 Sprint may convert existing Qwest retail service with
existing Qwest DSL to UNE-P services with Qwest DSL service , without
an interruption in service due to the conversion. Sprint may also
request the installation of new Qwest DSL service on existing UNE-
service, subject to Loop qualification and availability.
21.Qwest will enable this arrangement for both existing
and new Customers (e., a Customer who had not previously
subscribed to Qwest's DSL).
32.8.4 In both instances identified above, Qwest will not have
a direct relationship with the End User Customer. Qwest will bill Sprint
and Sprint will bill its End User Customer for the DSL Customer.
21.3 Rate Elements
The following UNE-P Line Splitting rate elements are contained in Exhibit A of this Agreement.
21.Recurring Rates for UNE-P Line Splitting.
21.Interconnection TIE Pairs (ITP). A monthly recurring
charge to recover the costs associated with the use of 2 ITPs , one for
voice and one for voice/data.
21.OSS Charge - A monthly recurring charge to recover the
cost of the OSS modifications necessary to provide access to the high
frequency portion of the UNE-P Loop.
21.3.2 Non-Recurring Rates for the UNE-P Line Splitting
21.Basic Installation Charge for UNE-P Line Splitting - A
nonrecurring charge for each UNE-P Line Splitting installed will apply.
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Amendment to COS-O10905-0050
ATTACHMENT 1
21.Charge for conditioning Loop a sociated with UNE-P - A
nonrecurring charge for either conditioning the Loop by removing load
coils and/or excess Bridged Taps; or reconditioning the line if necessary
to assure the quality of the voice service on the UNE-
21.Non-Recurring Rates for Maintenance and Repair
21.Trouble Isolation Charge - A nonrecurring charge for
Trouble isolation will be applied in accordance with the Support
Functions - Maintenance and Repair Section.
21.Additional Testing - The Customer of record may request
Qwest to perform additional testing, and Qwest may decide to perform
the requested testing on a case-by-case basis. A nonrecurring charge
will apply in accordance with Exhibit A.
21.3.4 Rates for POTS Splitter Collocation are included in Exhibit A of
this Agreement.
21.All of these rates are interim and will be subject to true-up based
on either mutually agreed permanent rates or permanent rates established in a
cost proceeding conducted by the Commission. In the event interim rates are
established by the Commission before permanent rates are set, the interim rates
set forth in Exhibit A will be changed to reflect the interim rates set by the
Commission; however, no true up will be performed until mutually agreed to
permanent rates are established or permanent rates are established by the
Commission.
21.Ordering Process
21.4.1 UNE-P Line Splitting
21.4.As a part of the pre-order process , CLEC/DLEC may
access Loop characteristic information through the Loop Information
Tool described in the Support Functions Section. The Customer of
record will determine, in its sole discretion and at its risk, whether to add
data services to any specific UNE-P associated Loop.
21.4.1.The Customer of record will provide on the LSR, the
appropriate frame terminations that are dedicated to POTS Splitters.
Qwest will administer all cross connects/jumpers on the COSMIC/MDF
and IDF.
21.4.Basic Installation "lift and lay" procedure will be used for all
Line Splitting orders. Under this approach, a Qwest technician "lifts" the
Loop from its current termination in a Qwest Wire Center and "lays" it
on a new termination connecting to CLEC's/DLEC's collocated
equipment in the same Wire Center.
Sprint - 10
Amendment to CDS-010905-0050
ATTACHMENT 1
21.4.1.4 The Customer of record shall not place orders for UNE-
Line Splitting until all work necessary to provision UNE-P Line Splitting
in a given Qwest Wire Center, including, but not limited to , POTS
Splitter installation and TIE Cable reclassification or augmentation has
been completed.
21.4.If a Line Splitting LSR is placed to change from Line
Sharing to UNE-P Line Splitting or to change the voice provider in a
UNE-P Line Splitting arrangement and the data provider does not
change or move Splitter location , the data service will not beinterrupted.
21.4.The Customer of record shall submit the appropriate LSR'
associated with establishing UNE-P and Line Splitting.
21.Billing
21.Qwest shall provide a bill to the Customer of record , on a monthly
basis, within seven to ten (7-10) calendar Days of the last day of the most recent
Billing period, in an agreed upon standard electronic Billing format, Billing
information including (1) a summary bill , and (2) individual End User Customer
sub-account information consistent with the samples available for CLEC/DLEC
review.
21.Qwest shall bill the Customer of record for all recurring and
nonrecurring Line Splitting rate elements.
21.Repair and Maintenance
21.Qwest will allow CLEC/DLEC to access UNE-P Line Splitting at
the point where the combined voice and data Loop is cross-connected to the
POTS Splitter.
21.The Customer of record will be responsible for reporting to Qwest
voice service troubles provided over UNE-P Line Splitting. Qwest will be
responsible to repair troubles on the physical line between Network Interface
Devices at the user premises and the point of demarcation in Qwest Wire
Centers. CLEC/DLEC will be responsible for repairing data services provided on
UNE-P Line Splitting. Qwest, CLEC and DLEC each will be responsible for
maintaining its equipment. The entity that controls the POTS Splitters will be
responsible for their maintenance.
9.21.3 Qwest, CLEC and DLEC will continue to develop repair and
maintenance procedures for UNE-P Line Splitting and agree to document final
agreed to procedures in a methods and procedures document that will be made
available on Qwest's website:
http:!/www.qwest.com/whoiesale/prod uctsservices/pcat/index. html . I n the
interim, Qwest and CLEC/DLEC agree that the following general principles will
guide the repair and maintenance process for UNE-P Line Splitting.
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Amendment to COS-010905-0050
ATTACHMENT 1
21.If an End User Customer comptains of a voice service
problem that may be related to the use of an UNE-P for data services
Qwest and CLEC/DLEC will work together with the End User Customer
to solve the problem to the satisfaction of the End User Customer.
Qwest will not disconnect the data service without authorization from
the Customer of record.
21.CLEC and DLEC are responsible for their respective End
User Customer base. CLEC/DLEC will have the responsibility for
initiation and resolution of any service trouble report(s) initiated by their
respective End User Customers.
21.Qwest will test for electrical faults (e.g. opens , and/or
foreign voltage) on UNE-P Line Splitting in response to trouble tickets
initiated by Sprint. When trouble tickets are initiated by Sprint, and such
trouble is not an electrical fault (e.g. opens, shorts, and/or foreign
voltage) in Qwest's network, Qwest will assess Customer of record the
Trouble Isolation Charge (TIC) Charge.
21.3.4 When trouble reported by the Customer of record is not
isolated or identified by tests for electrical faults (e.g. opens, shorts
and/or foreign voltage), Qwest may perform additional testing at the
request of the Customer of record on a case-by-case basis. The
Customer of record may request that Qwest perform additional testing
and Qwest may decide not to perform requested testing where it
believes, in good faith, that additional testing is unnecessary because
the test requested has already been performed or otherwise duplicates
the results of a previously performed test. In this case, Qwest will
provide the Customer of record with the relevant test results on a case-
by-case basis. If this additional testing uncovers electrical fault trouble
(e.g. opens, shorts, and/or foreign voltage) in the portion of the network
for which Qwest is responsible, the Customer of record will not be
charged by Qwest for the testing. If this additional testing uncovers a
problem in the portion of the network for which CLEC/DLEC is
responsible, Qwest will assess the appropriate Miscellaneous Charge to
the Customer of record.
21.6.4 When POTS Splitters are installed in Qwest Wire Centers via
Common Area Splitter Collocation , CLEC/DLEC will order and install additional
Splitter cards as necessary to increase the capacity of the POTS Splitters.
CLEC/DLEC will leave one unused, spare Splitter card in every shelf to be used
for repair and maintenance until such time as the card must be used to fill the
shelf to capacity.
21.When POTS Splitters are installed in Qwest Wire Centers via
standard Collocation arrangements, CLEC/DLEC may install test access
equipment in its Collocation areas in those Wire Centers for the purpose
testing UNE-P Line Splitting. This equipment must meet the requirements for
Central Office equipment set by the FCC.
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Amendment to COS-010905-0050
ATTACHMENT 1
21.6 Qwest, CLEC and DLEC will work together to address End User
Customer initiated repair requests and to prevent adverse impacts to the End
User Customer.
21.7 Customer of Record and Authorized Agents
21.1 "Customer of record" is defined for purposes of this section as the
CLEC that is the billed Customer for Line Splitting. The Customer of record may
designate an authorized agent pursuant to the terms of sections 9.21.2 and
21.3 to perform ordering and/or Maintenance and Repair functions.
21.In order for the authorized agent of the Customer of record to
perform ordering and/or Maintenance and Repair functions, the Customer
record must provide its authorized agent the necessary access and security
devices , including but not limited to user identifications, digital certificates and
SecurlD cards, that will allow the authorized agent to access the records of the
Customer of record. Such access will be managed by the Customer of record.
21.The Customer of record shall hold Qwest harmless with regard to
any harm to Customer of record as a direct and proximate result of the acts or
omissions of the authorized agent of the Customer of record or any other person
who has obtained from the Customer of record the necessary access and
security devices through the Customer of record , including but not limited to user
identifications , digital certificates and SecurlD cards , that allow such person to
access the records of the Customer of record unless such access and security
devices were wrongfully obtained by such person through the willful or negligent
behavior of Qwest.
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Amendment to COS-010905-0050
ATTACHMENT 1
EXHIBIT A
UNE Combinations
23.UNE - P Line
Splitting
Basic Installation Charqe for UNE-P Line Splittinq $37.
Line
Sharing
9.4.Shared Loop, per $0.$38.# and
Loop
9.4.OSS , per Order $3.
9.4.Reclassification 1GB
Charqe
9.4.4 Splitter Shelf $4.45 $547.
Charqe
9.4.Splitter TIE Cable Connections
Splitter in the Common Area--Data to 410 block $4.871.
Splitter in the Common Area-Data direct to CLEC $4.052.
Splitter on the IDF - Data to 410 Block $1.$873.48
Splitter on the IDF - Data direct to CLEC $2.47 719.
Splitter on the MDF-Data to 410 btock $1.$903.
Splitter on the MDF - Data direct to CLEC $2.039.40
9.4.Enqineerinq 331.46
NOTES:
Denotes voluntary rate reduction.
I r11 Rates proposed in Cost Docket testimony filed on 6/29/01 & 11/16/2001. (TELRIC)
Ir31 1GB, Individual Case Basis pricinq.
Sprint - 10
Amendment to COS-010905-0050