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HomeMy WebLinkAbout20030702Amendment.pdfI:: r:: eEl V E 0;; rl : : ' - r- ~ ;-- Mary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 mshobson~stoel.com 2Du3 JUL -, PM 4: 5 a . : li i' l i ' UTIL rYL:S ' CQ14t-\iSSIOH Karen Johnson Integra Telecom, Inc. 19545 NW Bon Neumann Drive - Suite 200 Beaverton, OR 97006 Telephone: (503) 748-2048 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION AND INTEGRA TELECOM OF IDAHO, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 u.S.c. g252(E) CASE NO.: USW-OO- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") and Integra Telecom of Idaho, Inc. ("Integra ) hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement Amendment"), which was approved by the Idaho Public Utilities Commission on April 26 2000 (the "Agreement"). A copy ofthe 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. Integra and Qwest respectfully submit this Amendment provides no basis for either these findings, and, therefore jointly request that the Commission approve this Amendment APPLICATION FOR APPROY AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Boise-158943.10029164-00016 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 Integra to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Integra 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 1 st day of July, 2003. Qwest Corporation .M~-1t.m~Mary S obson Stoel Rives LLP, Attorneys for Qwest and Karen Johnson Integra Telecom, Inc. APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Boise-158943.10029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 1 5t day of July, 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 11 ewell~puc. state.id. Karen Johnson Integra Telecom, Inc. 19545 NW Bon Neumann Drive - Suite 200 Beaverton, OR 97006 Telephone: (503) 748-2048 Mary Sullivan Qwest Communications International Inc. 7800 East Orchard Road - Suite 250 Englewood, CO 80111 Telephone: (303) 793-6642 Facsimile: (303) 793-6633 mmsulll ~qwest. com -L Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand DeliveryX U.Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Brandi L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Boi5e-158943.10029164-00016 CLEC-to-CLEC Cross Connections Amendment to the Interconnection Agreement between Qwest Corporation and Integra Telecom of Idaho, Inc. This Amendment ("Amendment") is by and between Integra Telecom of Idaho, Inc. ("CLEC" and Qwest Corporation (fIkIa US WEST Communications, Inc. ) (" Qwest" ) , Colorado corporation. RECITALS WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of Idaho, that was approved by the Idaho Public Utilities Commission on April 26 , 2000, as referenced in Case No. USW-00-, Order No. 28360 ("Agreement"); and WHEREAS, the Parties wish to amend the Agreement by adding the terms and conditions contained herein. AGREEMENT NOW THEREFORE, in consideration of the mutual terms , covenants and cond!tions contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged , the Parties agree as follows: 1. Amendment Terms The Agreement is hereby amended by adding the terms, conditions and rates for CLEC-to- CLEC Cross Connections, as set forth in Attachment 1 and Exhibit A, attached hereto and incorporated herein. 2. Effective Date This Amendment shall be deemed effective upon Commission approval; 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 will be notified when all system changes have been made. Actual order processing may begin once these requirements have been met. 3. 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 wil1 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. May 28, 2003/msd/lntegra/CLEC-to-CLEC Cross ConnectionsllO Amendment to COS-000215-0051 - (From 7/25/0210 SGAT) 4. Entire Agreement 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 , amendments representations by or between the Parties, written or oral , to the extent they relate in any way to the subjects of this Amendment. 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. Integra Telecom of Idaho, Inc. J.J. zed Signature \ ~c, B . hv\)me Printed/Typed \ ~~ L h Y\O\ 0A1 ~Title \.AUC\ \ U Y~l '17;; LC)cD Date Qwest cor~or;tion Aut orized Signature L. T. Christensen Name Printed/Typed Director - Business Policy Title Date 4z/~!D~ May 28, 2003/msdllntegra/CLEC-to-CLEC Cross ConnectionsllO Amendment to COS-000215-0051 - (From 7/25/02 10 SGAT) ATTACHMENT 1 CLEC-to-CLEC Cross Connections Qwest shall design and engineer the most efficient route and cable racking for the connection between CLEC's equipment in its collocated spaces to the collocated equipment of another CLEC located in the same Qwest Premises; or to CLEC's own non-contiguous Collocation space. The most efficient route generally will be over existing cable racking, to the extent Technically Feasible, but to determine the most efficient route and cable racking, Qwest shall consider all information provided by CLEC in the Application form, including but not limited , distance limitations of the facilities CLEC intends to use for the connection. If the length of the most efficient route exceeds any such distance limitations, Qwest will notify CLEC of available options. When CLEC notifies Qwest of CLECs preferred option, Qwest will proceed with the route design and quote preparation. If CLEC elects to have Qwest provide the channel regeneration, the quote will include the applicable charges. CLEC shall have access to the designated route and construct such connection, using copper, coax, optical fiber facilities, or any other Technically Feasible method utilizing a vendor of CLEC's own choosing. CLEC may place its own fiber, coax , copper cable, or any other Technically Feasible connecting facilities outside of the actual physical Collocation space , subject only to reasonable NEBS Level safety limitations using the route specified by Qwest. CLEC may perform such Interconnections at the ICDF, if desired. CLEC may interconnect its network as described herein to any other collocating Carrier, to any collocated Affiliate of CLEC, to any End User s Premises, and may interconnect CLEC's own collocated space and/or equipment (e., CLEC's Physical Collocation and CLEC's Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall be ordered either as part of an Application for Collocation under the Agreement, or separately from Collocation Application in accordance with Section 1.below. CLEC-to-CLEC Cross Connections at an ICDF are available, as follows: CLEC-to-CLEC Cross Connections at the ICDF. 1 CLEC-to-CLEC Cross Connection (COCC-X) is defined as CLEC' capability to order a Cross Connection from it's Collocation in a Qwest Premises to its non-adjacent Collocation space or to another CLEC's Collocation within the same Qwest Premises at the ICDF. . 1.Qwest will provide the capability to combine these separate Collocations through an Interconnection Distribution Frame (ICDF). This is accomplished by the use of CLECs' Connecting Facility Assignment (CFA) terminations residing at an ICDF. Also, ICDF Cross Connections must terminate on the same ICDF at the same service rate level. If CLEC has its own Dedicated ICDF , the CLEC is responsible for ordering tie cables to the common ICDF frame/bay where the other CLEC resides. These tie cables would be ordered through the existing Collocation Application form. 1.4 CLEC is responsible for the end-to-end service design that uses ICDF Cross Connection to ensure that the resulting service meets its Customer May 28, 2003/msdllntegra/CLEC-to-CLEC Cross ConnectionsllO Amendment to COS-000215-0051 - (From 7/25/0210 SGAT) needs. This is accomplished by CLEC using the Design Layout Record (DLR) for the service connection. Depending on the distance parameters of the combination , regeneration may be required. If two CLECs are involved , one CLEC acts as the "ordering" CLEC. The ordering CLEC identifies both connection CFA's on the ASR. CLEC requests service order activity by using the standard ASR forms. These forms are agreed upon nationally at the OBF (Ordering and Billing Forum). Refer to the DMP (Document Management Platform)/Carrier/Carrier CentersI"A"I"ASOG" for copies of all forms including definitions of the fields. CLEC is responsible for obtaining these forms. Qwest must not reproduce copies for its Customers , as this is a copyright violation. The standard industry forms for CLEC-to-CLEC Cross Connections (COCC-X) are: Access Service Request (ASR), Special Access (SPE) and Additional Circuit Information (ACI). Ordering - CLEC to CLEC Connections Application -- Upon receipt of the applicable portions of a complete Collocation Application, Qwest will perform a feasibility study to determine if adequate cable racking can be found for the placement of CLEC's copper, coax, or fiber optic cable, or any other Technically Feasible method used to interconnect CLEC's collocated equipment that is in separate locations in the same Qwest Premises , or to another CLEC's equipment in the same Premises. The feasibility study will be provided within ten (10) calendar days from date of receipt of a complete Application If Qwest determines that the Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar days of the Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar days after being advised of the deficiencies. Quotation -- If existing cable racking is available , Qwest will provide CLEC with a quote and the specific cable rack route to CLEC with the feasibility study. If additional cable racking is required to accommodate CLEC's request, Qwest shall provide a feasibility and quote to CLEC no later than ten (10) calendar days of receipt of Collocation Application. CLEC-to-CLEC Connection quotes will be honored for thirty (30) calendar days from the date the quote is provided. During this period , the space is reserved pending CLEC's Acceptance of the quoted charges. Acceptance -- There are two forms of Acceptance for CLEC-to-CLEC Connections: 1 CLEC-to-CLEC connections with existing cable rack. - CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its Acceptance. Upon receipt of a complete Collocation Acceptance, CLEC may begin placement of its copper, coax, or fiber cables along the Qwest designated cable rack route. Recurring charges will begin with May 28, 2003/msdllntegra/CLEC-to-CLEC Cross ConnectionsllO Amendment to COS-000215-0051 - (From 7/25/02 10 SGAT) CLEC Acceptance. 2 CLEC-to-CLEC Connections using new cable rack. - Upon receipt of a complete Acceptance from CLEC, Qwest will begin construction of the new cable rack. 2.4 Interval - Pursuant to Section 1.2 above, the construction interval for CLEC- to-CLEC Connections requiring the construction of new cable rack by Qwest shall be within sixty (60) calendar days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) calendar days after receipt of the Qwest quotation , the Application shall be resubmitted by CLEC. May 28, 2003/msdllntegra/CLEC-to-CLEC Cross ConnectionsllO Amendment to COS-000215-0051 - (From 7/25/02 10 SGAT) Integra-EXHIBIT-IDAHO-CMS Amendment Recurring Non-Recurring Notes ---- CLEC to CLEC Design Engineering & Installation - No Cables $821. Cable Racking, Per Foot DSO 1441 DS1 15475 DS3 13009 Virtual Connections (if applicable - Connections only No cables) 87.DSO (Per 100 Connections)$200, 87.3.2 DS1 (Per 28 Connections)$93. DS3 (Per 1 Connection)$6. 7.4 Cable Hole (if Applicable)$463. CLEC to CLEC Cross Connection $266. Notes Unless otherwise indicated, all rates are pursuant to the Owest and AT&T Interconnection Agreement approved by the Idaho Public Utilities Commission in Docket Number USW-96-, Commission Order Number 27738, effective September 1998. Rates addressed in Cost Docket 6/29/01 & 11/1612001. (TELRIC) CMS-EXHIBIT A - 10-16-