20040218Amendment.pdf

CEIVED ry-L::~J
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
FiLED
2nOJj fEE 12 Prl 4: 38
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:Ji.! C
UTiLI r iES COHtv1iSSION
Maribeth Bailey
Time Warner Telecom
290 Harbor Drive
Stamford, CT 06902
Telephone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND TIME WARNER
TELECOM OF IDAHO, LLC FOR APPROVAL
OF AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 US.c. ~252(E)
CASE NO.: USW-OO-
APPLICATION FOR APPROVAL OF
AMENDMENTS TO THE INTERCONNECTION
AGREEMENT
Qwest Corporation ("Qwest") and Time Warner Telecom of Idaho LLC ("Time
Warner ) hereby jointly file this Application for Approval of Amendments to the Interconnection
Agreement, which was approved by the Idaho Public Utilities Commission on July 18, 2000 (the
Agreement"). These amendments provide for Collocation Available Inventory, and Special
Promotion for Available Inventory Collocation Sites, respectively (the "Amendments ). A copy
of the Amendments are submitted herewith.
These Amendments were reached through voluntary negotiations without resort to
mediation or arbitration and are 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 AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page
Boise-167602.10029164-00016
Time Warner and Qwest respectfully submit these Amendments provide no basis for
either of these findings, and, therefore jointly request that the Commission approve these
Amendments expeditiously. These Amendments are 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 these
Amendments will enable Time Warner to interconnect with Qwest facilities and to provide
customers with increased choices among local telecommunications services.
Time Warner and Qwest further request that the Commission approve these Amendments
without a hearing. Because these Amendments were reached through voluntary negotiations
they do not raise issues requiring a hearing and do not concern other parties not a party to the
negotiations. Expeditious approval would further the public interest.
Respectfully submitted this 12th day of February, 2004.
Qwest Corporation~f#v-
Mary S. bson
Stoel Rives LLP, Attorneys for Qwest
and
Maribeth Bailey
Time Warner Telecom of Idaho LLC
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-167602.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 12th day of February, 2004, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENTS 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~tmc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Maribeth Bailey
Time Warner Telecom
290 Harbor Drive
Stamford, CT 06902
Telephone: [phone]
Hand Delivery
---.1L u. S. Mail
Overnight Delivery
Facsimile
Email
~c&~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENTS TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-167602.10029164-00016
Collocation Available Inventory Amendment
to the Interconnection Agreement between
Qwest Corporation and
Time Warner Telecom of Idaho LLC
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Owest
Corporation ("Owest"), a Colorado corporation, and Time Warner Telecom of Idaho LLC
TWTC" or "CLEC") for Collocation Available Inventory. CLEC and Owest shall be known
jointly as the ("Parties
RECITALS
WHEREAS, pursuant to Stipulation Between and Among the Debtors, Owest Entities and Time
Warner Telecom Inc. Relating to Executory Contracts in GST Telecom Inc. et al. Chapter 11
Case No. 00-1982, GST Telecom Idaho, Inc. was authorized to assign its Interconnection
Agreement ("Agreement") to Time Warner Telecom of Idaho LLC; and
WHEREAS, pursuant to the Stipulation, GST Telecom Idaho, Inc. was permitted to assign and
has assigned the Agreement to Time Warner Telecom of Idaho LLC; and
WHEREAS, the Parties wish to amend the Agreement 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, conditions and rates for Collocation
Available Inventory, as set forth in Attachment 1 and Exhibit A, to this Amendment, attached
hereto and incorporated herein by this reference.
Rates in Exhibit A reflect legally binding decisions of 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.
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 TWTC must generate if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be completed
by Owest. TWTC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
February 3, 2004/lhdfTime Warner/Collo Availlnventory-
Amendment to CDS-990817-0200
Template version: Collocation Available Inventory Amendment 12-
Further Amendments: Waivers
The provisions of this Agreement, including the provisions of this sentence may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Agreement 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 AQreement
This Amendment (including the Interconnection Agreement between the Parties and the
documents referred to herein) constitutes the full and entire understanding and agreement
between the Parties with regard to the subject matters 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 subject matters of this Amendment.
Time Warner Telecom of Idaho LLC
By: Time Warner Telecom Holdings Inc.
Its sole member
Qwest Corporation
Signature
~~~=
Signature
Name Printedffyped
Tina Davis
Vice Pres!c!3i~':,":;"1d
Title Deputy GI:Hll:nd unSS
LT. Christensen
Name Printedffyped
Director - Interconnection Aareements
Title
zJlV /0 DateDate
February 3, 2004/lhd/Time Warner/Collo Availlnventory-
Amendment to CDS-990817-0200
Template version: Collocation Available Inventory Amendment 12-
ATTACHMENT 1
ATTACHMENT 1
Collocation Available Inventory
Description
Collocation Available Inventory provides CLEC with information about the availability of
(a) returned Collocation sites and elements under Owest's control ("Owest postings ) and (b)
CLEC controlled sites that may be posted by such controlling CLEC as available for a Transfer
of Responsibility ("CLEC Postings
).
Collocation Available Inventory is posted on Owest'
Wholesale web site. Owest and CLEC each have the ability to post sites under their control to
the website.
Available sites will be posted on the "Collocation Classified" web site at the following
address: http://www.qwest.com/whoiesale/pcat/colloclassifieds.htmi. CLEC interested in viewing
Owest Available Inventory on this web site should select the Collocation Classifieds -Owest
Postings menu. CLEC interested in viewing available CLEC controlled sites eligible for a
Transfer of Responsibility should select CLEC Postings menu.
The offering of a Collocation site from the Owest Available Inventory list shall be limited
to the offering of a specified site in Owest's control to CLEC that either: (a) has a commission-
approved Interconnection Agreement covering the specific type of Collocation to be obtained or
(b) is negotiating with Owest to have an interim Collocation Interconnection Agreement signed.
If the ICA has been filed and is pending PUC approval , CLEC will be required to execute an
early ordering letter to order a Collocation site from the Owest Available Inventory. CLEC may
obtain sites from the Owest Available Inventory list after amending its existing contract to
include terms and conditions for purchasing Available Inventory as provided herein. If terms
and conditions for obtaining sites from available Owest inventory are included in the CLEC
Interconnection Agreement, and those terms differ from those set forth in this document, the
terms of the Interconnection Agreement may prevail.
Terms and Conditions
CLEC obtaining a Collocation site from the Owest Available Inventory must not have any
overdue financial obligations owed to Owest pertaining to Collocation. Formally disputed
charges shall not be treated as overdue financial obligations.
The assuming CLEC for all Owest posted sites will be required to pay a minimum of six
(6) months of Space Construction and Floor Space Lease recurring charges should the CLEC
terminate its lease prior to six months of occupancy.
Qwest Postings
Standard Sites
1 Collocation Standard Sites available in the Owest Postings may be
partially or fully completed before being returned to Owest inventory. Both caged
and cageless sites will be offered in the Owest Postings section. Sites will be
offered under the terms and conditions set forth in the Interconnection
February 3, 2004/lhd/Time Warner/Collo Availlnventory-
Amendment to CDS-990817-0200
Template version: Collocation Available Inventory Amendment 12-
ATTACHMENT 1
Agreement of CLEC acquiring such sites. In its Collocation application for such a
site , CLEC may request to add to or complete the Collocation site to CLEC
specifications. In its Collocation application for a site, CLEC may also request to
reduce cable terminations. CLEC will be charged for the removal of such cable
terminations. The removed cable terminations shall not be considered
Reimbursable elements to the vacating CLEC. These Standard Sites will be
posted in the Owest Available Inventory posting under "Unverified Sites
All services that were previously connected to the Collocation
(e., Unbundled Network Elements, CLEC to CLEC connections, administrative
lines, Finished Services, Line Splitting and Line Sharing,) will be disconnected
before the site is listed on the "Owest Postings" section of the Collocation
Classifieds. Standard Sites do not include power. Grounding for caged sites and
Entrance Facilities are also disconnected prior to a site being posted. Owest
shall inventory all Reusable and Reimbursable Elements and list them in the
Owest Postings. Shared infrastructure including HV AC and racking will not be
listed in the Owest Postings. Owest reserves the right to remove Owest Postings
from the Available Inventory web site to satisfy CLEC applications for
Collocation , for Owest space requirements, or for CLEC Collocation augments to
existing sites. Owest shall not use the Owest Postings as a basis to claim
exhaust in any Owest Premises.
Special Sites
Owest may elect to offer Collocation sites returned through
Chapter 7 bankruptcy or abandonment consistent with Applicable Law, including
but not limited to Title 11 of the United States Code. These "Special Sites" will
not be decommissioned and may be offered with Electronic equipment, racks
cages, DC power, grounding and terminations. These Special Sites will beposted in the Owest Available Inventory posting under "Unverified sites with
equipment"
For Special Sites it is expressly understood and agreed that
Owest is selling equipment that is classified as "used" or "surplus" equipment on
an "as is, where is" basis. CLEC understands and agrees that all equipment is,
conveyed (a) in an "as is, where is" condition with all faults, latent and patent and
(b) all equipment is conveyed without any Owest warranties or representations of
any kind, express or implied , including but not limited to the warranties of
merchantability or fitness for a particular purpose or non-infringement or implies
by a particular course of dealing.
All software and software license agreements for any equipment
conveyed as part of a Special Site shall be the sole responsibility of the
assuming CLEC.2.4 CLEC hereby warrants and certifies that its handling, scrap,
destruction or other disposition of any equipment conveyed as part of a Special
Site shall conform and comply with:
February 3, 2004/lhdffime Warner/Collo Availlnventory-
Amendment to CDS-990817-0200
Template version: Collocation Available Inventory Amendment 12-
ATTACHMENT 1
(a) All applicable federal, state , county and municipal laws, statutes
regulations, and codes regulating hazardous wastes, materials or
substances, including, but not limited to the Toxic Substances Control
Act (TSCA) (15 U.C. 2601 et seq.); the Resource Conservation and
Recovery Act (RCRA) (42 U.C. 6901 et seq.); Hazardous Materials
Transportation Act (HMTA) (49 U.C. 1801 et seq.); Occupational
Safety and Health Act (OSHA) (29 U.C. 651 et seq.); Comprehensive
Environmental Response, Compensation and Liability Act
(CERCLA)(42 U.C. 9601 et seq.); and any successor acts thereto orthe regulations promulgated thereunder and any applicable
International laws and regulations;
(b) Environmental rules and regulations governing environmental
impacts associated with the production and or recovery of precious
metals, scrap metals and material processing and or residual material
disposition whether hazardous or non-hazardous as defined by
governing laws and or applicable laws and are the sole responsibility of
the CLEC; and
c) All hazardous waste, hazardous material, hazardous substances
or solid waste manifests relating to the shipping, receiving, disposal or
final disposition of the equipment shall not reference, list or otherwise
indicate on the manifest that Owest is the generator, arranger,
transporter, owner or otherwise the party that owns, controls, manages,
handles , stores, generates or otherwise uses the equipment. On any
required hazardous waste, hazardous material, hazardous substances
or solid waste manifest relating to the shipping, receiving, disposal or
final disposition of the equipment, the CLEC shall be listed as the
generator, arranger and owner of the materials.
d) The CLEC shall comply with the applicable Owest Technical
Publications as defined in the CLEC Interconnection Agreement when
removing any equipment from a Special Site.
CLEC Postings
2.4.Available sites listed in the "CLEC Postings" section of the Collocation Classifieds are
eligible for transfer to an assuming CLEC with or without working circuits as described in the
Transfer of Responsibility section of this web site. CLEC Interconnection Agreement must
contain provisions for Transfer of Responsibility. CLEC must enter information regarding
working sites itself into the Collocation Classifieds. When requesting a site from CLEC
Postings, the assuming CLEC should submit a Transfer of Responsibility application to Owest
after it has concluded its negotiation with the vacating CLEC.
CLEC Postings for Transfer of Responsibility
1 CLEC Posting: Sites listed in the "CLEC Postings" section are eligible for Transfer Of
Responsibility to an assuming CLEC. Sites may be offered with or without working circuits. The
February 3, 2004/lhdfTime Warner/Collo Availlnventory-
Amendment to CDS-990817-0200
Template version: Collocation Available Inventory Amendment 12-
ATTACHMENT 1
terms and conditions for the Transfer of Responsibility shall be in accordance with the Transfer
of Responsibility Product offering.
Rate Elements
Pricing for sites listed within the Owest Available Inventory list will be provided on a site-
specific basis.
Charges for sites listed within the Owest Postings will be provided on a
site-specific basis, however, pricing under the Interconnection Agreement of the
assuming CLEC shall be applied to the Available Inventory quote for the
assuming CLEC. Assuming CLEC will receive a fifty percent (50%) discount on
amounts for Reusable Elements, if any. Vacating CLEC may receive a refund
from the assumption of its available sites, based on amounts for Reimbursable
Elements and the Owest inventoried Reusable Elements.
The following items are charged to a CLEC acquiring a site from the
Owest Postings. Charges will be provided to a CLEC via a quote that requires
CLEC acceptance before Owest begins work.
Standard Site Rate Elements
Quote Preparation Fee (OPF): The OPF is identified in Exhibit A. The
OPF is defined as a non-refundable charge for the work required to verify space
and develop a price quote for the total costs to CLEC for its Collocation request.
Reusable Elements: Owest inventoried components used to provision a
Collocation site. In general, these refer to the Owest infrastructure needed to
provision a Collocation site (e., cage, bays, HVAC, cable racking).
Nonrecurring Collocation rate elements for Collocation elements that are
reused, will be available at a 50% discount to an assuming CLEC based on the
rates in its current Interconnection Agreement. This payment will be passed
through to the vacating CLEC less Carrying Charges retained by Owest.
2.4 Reimbursable elements: CLEC termination cabling from the vacated
Collocation site to the original demarcation of an associated ICDF (DSO, DS1
DS3, and Fiber terminations).
Recurring charges for all products and services will be charged at rates
listed in the assuming CLEC Interconnection Agreement without a discount.
Special Site Rate Elements
Special Site Rates: The following items are charged to an assuming
CLEC for a Special Site from the Owest Postings. Charges will be provided to
CLEC via a quote that requires CLEC acceptance before Owest begins work.
February 3, 2004/lhdlTime Warner/Colla Availlnventory-
Amendment to CDS-990817-0200
Template version: Collocation Available Inventory Amendment 12-
ATTACHMENT 1
Special Site Assessment Fee
3.4.The Special Site Assessment Fee is a non-refundable, nonrecurring fee
per Exhibit A. In most cases , this rate element is different than the Standard Site
OPF because Owest has already installed some of the reusable equipment
and/or reusable infrastructure. Owest has not spent additional time and
resources to decommission this Special Site.
3.4.If the assuming CLEC requires an augment to the existing site
simultaneous with this application, the Special Site Assessment Fee will not be
charged and instead the Commission approved OPF rate defined in CLEC
Interconnection Agreement or state SGAT Exhibit A will be used. The purpose of
reverting to the standard OPF is due to the additional engineering and installation
work required to augment an existing Available Inventory Special Site.
Network Systems Administration Fee
The Network Systems Administration nonrecurring fee is for the system
and record updates required for transferring a site to the assuming CLEC. The
rate is identified in Exhibit A.
Site Survey Fee
The Site Survey Fee is a non-refundable, nonrecurring charge for a site
visit conducted prior to the acceptance of an application quote when requested
by CLEC. This rate element is identified Exhibit A. This charge will be included
in the quote when an application is submitted or it will be charged separately if
CLEC does not subsequently submit an application.
Additional Nonrecurring Collocation Rate Elements
The additional nonrecurring Collocation rate elements: include such
elements as: DC Power, space construction, grounding and terminations.
Special Sites will be offered at a flat 50% discount to an assuming CLEC based
on the rates in its current Interconnection Agreement. Augments or changes to
the sites will not be discounted and will be charged at the rates as defined in
Exhibit A.
Any CLEC equipment left in the site will be transferred to CLEC at a
$0.00 charge.
Monthly Recurring Charges
Recurring charges for all products and services will be billed at rates
listed in the assuming CLEC Exhibit A without a discount.
Definitions
Carrying Charge: A charge applicable to the vacating CLEC only when
February 3, 2004/lhdfTime Warner/Collo Availlnventory-
Amendment to CDS-990817-0200
Template version: Collocation Available Inventory Amendment 12-
ATTACHMENT 1
Owest owes funds to such CLEC for Reusable Elements. The amount of the
Carrying Charge for a Collocation site shall never be more than the amount owed
by Owest to the vacating CLEC for Reusable Elements for the site. The Carrying
Charge is calculated at 1/36th of the nonrecurring rate for each Reusable element
purchased by an assuming CLEC from the time the vacating CLEC completes
the decommissioning of the site to the time the assuming CLEC accepts the
quotation provided by Owest for the site.
Ordering
Qwest Available Inventory Postings
1 CLEC must submit a "Owest Collocation Application
(New/Change/Augment) available on the Owest web site at:
http://www.qwest.com/whoiesale/pcat/collocation.htmi. Owest will provide CLEC
with a feasibility study within ten (10) calendar Days after receipt of the
application. This feasibility study addresses space and power only. During a
Owest walkthrough subsequent to the feasibility study but prior to providing the
quote, Owest will validate all Reusable Elements. This Collocation Project
Management Center (CPMC) will send an inventory verification letter after the
walkthrough to validate the actual facilities versus the Owest Posting. CLEC
then has the option of canceling the application or submitting a change to the
pending Available Inventory application that reflects the actual elements as
determined by Owest.
Any cancellation of an Available Inventory application due to differences
between the Owest Posting and the actual inventory found during the
walkthrough will not result in the OPF being charged.
Owest will provide CLEC with a quote within twenty-five (25) calendar
Days after providing the feasibility study. Price quotes will be honored for thirty
(30) Days from the date the quote is provided and the associated space is
reserved during such period, pending CLEC acceptance of the quoted charges
1.4 The submit date, for the Collocation Available Inventory request, will
commence on the date that the Owest Wholesale Collocation Service Manager
(WCSM) notifies the Owest Collocation Project Management Center (CPMC) that
all prerequisites for this request have been met.
The Owest Available Inventory request shall be submitted via the
New/Change/Augment Application Form and submitted to both the CPMC at
rfsmet(g)awestcom and your WCSM at colo(g)awestcom . Owest will notify
you whether or not all prerequisites have been met and will validate the
application within the standard Collocation interval.
For purposes of first-come, first-served determination of availability,
priority will be defined by the date and time the complete application is received
by rfsmet(g)awestcom.
February 3, 2004/lhd/Time Warner/Collo Availlnventory-
Amendment to CDS-990817-0200
Template version: Collocation Available Inventory Amendment 12-
ATTACHMENT 1
7 CLEC should submit an alternative option when requesting an available
site by populating the "Second Choice" and/or "Third Choice" tabs included on
the Collocation Application. This will prevent the possible cancellation of the
submitted application in the event that the first choice is no longer available.
February 3, 2004/lhdfTime Warner/Collo Availlnventory-
Amendment to CDS-990817-0200
Template version: Collocation Available Inventory Amendment 12-
ATTACHMENT 1
Exhibit A
IDAHO RATES
STANDARD SITES
Charge for removal of
Terminations
DSO (per 100)
DS1 (per termination)
DS3 (per termination)OCN er 12 fibers
Quote Preparation Fee
Cageless
Caged
ICB
ICB
ICB
ICB
146.41
$3,185.
+& 9
+& 9
SPECIAL SITES
ecial Site Assessment Fee
Network S stems Assessment Fee
Site Surve
$1058.
$1663.
$150.
Reusable Elements ICB
Notes:
(+) Order No. 29408, Idaho Public Utilities Commission, Case No. QWE-01-11 (Jan. 5, 2004).
(9) The preliminary engineering and planning costs are included in the caged and cage less space
construction charges. These engineering and planning charges are also included in the caged and
cageless quote preparation fees. Upon completion of the collocation construction , the quote preparation
fee (QPF) will be credited to the final space construction charge for the collocation job. The credit will
apply to whichever QPF is applied. This exhibit currently lists multiple QPFs based on what has been
proposed on the cost docket and what was approved in the AT&T interconnection agreement. CLEC may
choose either QPF at this time.
February 3, 2004/lhd/Time Warner/Colla Availlnventory-
Amendment to CDS-990817-0200
Template version: Collocation Available Inventory Amendment 12-
Special Promotion for Available Inventory Collocation Sites
Amendment to the Interconnection Agreement between
Qwest Corporation and Time Warner Telecom of Idaho LLC
for the State of Idaho
This Amendment between Qwest Corporation ("Qwest") and Time Warner Telecom of Idaho LLC
TWTC") provides for limited time, promotional rates for Available Inventory Collocations on Available
Inventory Sites, which are identified at http://www.awestcom/cai-bin/whoiesale/collocation.cai, and
amends, for a limited time, the Parties' existing Interconnection Agreement.
Limited Time Offer. The promotional rates provided for herein apply only to Available Inventory
applications received between January 1 , 2004 and March 31 , 2004, or to those current pending
Available Inventory applications in process that have not reached "Scheduled Aeady for Service" as of
January 2, 2004. The collocation applications must be submitted through the normal channel via
rfsmetCWqwest.com
Requirement for Collocation Available Inventory Amendment. To receive the promotional rates,
TWTC must execute and submit this Amendment to Qwest, and TWTC must either: (1) have previously
executed and submitted to Qwest the Collocation Available Inventory Amendment; or (2) execute and
submit the Collocation Available Inventory Amendment concurrent with the submission of this executed
Amendment.
Promotional Rates. The Special Promotional Rates under this Amendment are as follows:
Standard Site" Non Recurring Charge ("NAC") discounts for Available Inventory sites wfllbe
increased from 50% (off of the NRC contained in the Parties' current Interconnection Agreement)
to: 55% for 3 or more sites; 60% for 5 or more sites; 65% for 10 or more sites. The additional
discounts from the stated product 50% discount will be determined as of the completion of the
special offering timeframe and credited in the subsequent quarter when all sites are completed.
Special Site" NRC discounts will be increased to 75% off of the NRC in the Parties' current
Interconnection Agreement.
Existing Interconnection Agreement; Expiration of Promotion. Apart from the rates , terms, and
conditions of this Amendment, all of which expire on April 1 , 2004, all other rates, terms, and conditions
for collocation are contained in the Parties' Interconnection Agreement as amended, including, without
limitation, the Collocation Available Inventory Amendment.
State Commission Approval and Implementation. This Amendment is subject to the approval of the
applicable state commission. The Parties agree, however, to implement the provisions of this
Amendment upon execution.
Entire Agreement; Amendments. This Amendment (including the Interconnection Agreement, and
previous amendments thereto) constitutes the full and entire understanding and agreement between the
Parties with regard to the subject matters of this Amendment. This Amendment may only be amended in
writing.
Time Warner Telecom of Idaho LLC
By: Time Warner Telecom Holdings Inc.
Its sole member
~~. ~M)
Signature
Qwest Corporation
cfra::l~
Signature
T. Christensen
Name Printedrryped
Director - Intercon ction A reements
Title
Name PrintedrrYrrm~ Davis
'fice- Pre.,H~,:! grrdTitle Deputy General Counsel
Date
;;)./
to 01f Date
February 3, 2004/lhdfTime Warner/Amend-Spec Prom-
Amendment to CDS-990817-0200