20030430Amendment.pdf

Mary S. Hobson, ISB#: 2142
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson0Moel.com
RECEIVED
FILED
2003 APR 29 PH 3: 54
iUj\~L) PUULIC
UTILITIES COMt11SSION
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
APPROV AL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT FOR
Tij:E STATE OF IDAHO PURSUANT TO 47 )c. ~252(e)
CASE No. USW-OO-
APPLICATION FOR APPROVAL OF
AMENDMENT
Qwest Corporation ("Qwest") and Time Warner Telecom ofIdaho, LLC ("Time
Warner ) hereby jointly file this Application for Approval of Amendment to the Interconnection
Agreement for the State ofIdaho (the "Amendment") which was approved by the Idaho Public
Utilities Commission on July 18, 2000 (the "Agreement"). A copy of the Amendment is
submitted herewith.
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"
APPLICATION FOR APPROVAL OF AMENDMENT - Page 1
Boise-156267.10029164-00016
Section 252( e )(2) of the Act directs that a state Commission may reject an amendment (or
amendments) reached through voluntary negotiations only if the Commission finds that: the
amendment (or portion( s) thereof) discriminates against a telecommunications carrier not a party
to the amendment; or the implementation of such an amendment or portion is not consistent with
the public interest, convenience and necessity.
Time Warner and Qwest respectfully submit that the Amendment provides no basis for
either of these findings, and, therefore jointly request that the Commission approve it
expeditiously. This Amendment is consistent with the public interest as identified in the pro-
competitive policies of the State ofIdaho, the Commission, the United States Congress, and the
Federal Communications Commission. Expeditious approval of this Amendment 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 the Amendment
without a hearing. Because it 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 29th day of April, 2003.
trvif fiJ h-----
Mary S. bson
Stoel Rives LLP
AND
Maribeth Bailey
Time Warner Telecom
Attorneys for Qwest Corporation
APPLICATION FOR APPROVAL OF AMENDMENT - Page 2
Boise-156267.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 29th day of April, 2003 , I served the foregoing APPLICATION FOR
APPROV AL OF AMENDMENT upon all parties of record in this matter by mailing a copy thereof
properly addressed, with postage prepaid as follows:
Jean Jewell, Secretary ( X)Hand Delivery
Idaho Public Utilities Commission U. S. Mail
472 West Washington Street Overnight Delivery
Boise, Idaho 83720-0074 Facsimile
Email
Maribeth Bailey Hand Delivery
Time Warner Telecom ( X)U. S. Mail
290 Harbor Drive Overnight Delivery
Stamford, CT 06902 Facsimile
Telephone: [phone] Email
Luba Hromyk
Legal Department - Contract Development and Services
Qwest Communications International, Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
Facsimile: [phone]
lhromyk~qwest.com
(X)Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~4?oV~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT - Page 3
Boise-156267.l 0029164-00016
Single Point of Presence (SPOP) Amendment
to the Interconnection Agreement
Between
Time Warner Telecom of Idaho LLC
and
Qwest Corporation
Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Time
Warner Telecom of Idaho LLC ("TWTC" or "CLEC") and Qwest Corporation ("Qwest") , a
Colorado corporation.
WHEREAS , pursuant to Stipulation Between and Among the Debtors, Qwest 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, TWTC and Qwest desire to amend the Agreement by adding 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:
1. Amendment Terms.
This Amendment is made in order to add terms , and conditions for Single Point of
Presence ("SPOP") in the LATA as set forth in Attachment 1 and Exhibit A attached
hereto and incorporated herein.
Neither Party shall lose any of its rights from the original contract by entering into this
Amendment for SPOP.
2. Effective Date.
This Amendment shall be deemed effective upon Commission approval, howeverthe Parties may agree to implement the provisions of this Amendment upon
execution.
3. Further Amendments.
Except as modified herein, the provisions of the Agreement shall remain in full force
and effect. The provisions of this Amendment, including the provisions of this
sentence, may not be amended , modified or supplemented , and waivers or consents
to departures from the provisions of this Amendment may not be given without the
written consent thereto by both Parties' authorized representative. No waiver by any
April 8, 200311hdfTime Warner - 10
Amendment to: COS-990817-0200
Template version: Revised 1/8/03
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.
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 or 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.
Time Warner Telecom of Idaho LLC
By: Time Warner Telecom Holdings Inc.
Its sole member
Qwest Corporation
1vrvi Authorized Signature
Tina Davis
TUd~.
Authorized Signature
-----
Name Printedffyped
L.T. Christensen
Name Printedffyped
Title
Tina Davis
\/;,.,1=\ Pn".,;f'I.,nt ..n.j
eputy General Counsel
Director - Business Policy
Title
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DateDate
April 8, 2003/lhdrrime Warner - ID
Amendment to: CDS-990817-0200
Template version: Revised 1/8/03
Attachment 1
Single Point of Presence (SPOP) in the LATA is a Local Interconnection Service (US)
Interconnection trunking option that allows CLEC to establish one physical point of presence in
the LATA in Qwest's territory. Qwest and CLEC may then exchange traffic at the SPOP
utilizing trunking as described following.
By utilizing SPOP in the LATA, CLEC can deliver both Exchange Access (IntraLATA
Toll Non-IXC) and Jointly Provided Switched Access (InterLATA and IntraLATA IXC)
traffic and Exchange Service EAS/Local traffic at Qwest's Access Tandem Switches.
CLEC can also utilize Qwest's behind the tandem infrastructure to terminate traffic to
specific end offices. The SPOP is defined as CLEC's physical point of presence.
SPOP in the LATA includes an Entrance Facility (EF), Expanded Interconnect Channel
Termination (EICT), or Mid Span Meet POI and Direct Trunked Transport (DIT)
options available at both a DS1 and DS3 capacity.
Where there is a Qwest local tandem serving an end office that CLEC intends to
terminate traffic, the following conditions apply:
All local trunking must be ordered to the Qwest local tandem for the Qwest end
office served by the Qwest local tandem , subject to the 512 CCS rules.
Alternatively, CLEC may choose to use the Qwest access tandem for local
traffic in those circumstances where the traffic volumes (less than 512 CCS) do
not justify direct connection to the Qwest local tandem. When there is a DS1 '
worth of local traffic (512 CCS) between CLEC's SPOP and those Qwest end
offices subtending a Qwest local tandem, CLEC will order a direct trunk group
to the Qwest local tandem.
When CLEC has an NXX that subtends a local tandem , but the
anticipated traffic to and from the NXX is less than 1 DS1s (512 CCS) worth of
traffic, CLEC may choose to use the access tandem for local traffic in the
circumstances described above in 1.1. CLEC will be required to submit an
electronic letter on CLEC letterhead to Qwest stating at which local tandems
they will not interconnect. This letter should include, the local tandem CLU(s)
and CLEC specific NPA-NXXs for the local tandems. In addition , CLEC will
provide a revised electronic letter to Qwest of any changes in the network
configuration or addition/deletions of NPA-NXXs of the aforementioned local
tandems.
Connections to a Qwest local tandem may be two-way or one-way trunks.
These trunks will carry Exchange Service EAS/Local traffic only.
3 A separate trunk group to the Qwest access tandem is necessary for the
exchange of non-local Exchange Access (IntraLATA Toll Non-IXC) traffic and
jointly Provided Switched Access (InterLATA and IntraLATA IXC) traffic.
1.4 Where there is no Qwest local tandem serving a Qwest end office , CLEC may choose
from one of the following options:
1.4.1 A two-way CLEC LIS trunk group to the Qwest access tandem for CLEC traffic
April 8, 2003/lhdlTime Warner - 10
Amendment to: COS-990817-0200
Template version: Revised 1/8/03
terminating to, originating from , or passing through the Qwest network that
combines Exchange Service EASt Local Exchange Access (IntraLATA Toll
Non-IXC) and Jointly Provided Switched Access (InterLATA and IntraLATA
IXC) traffic.
1.4.2 A two-way CLEC LIS trunk group to the Qwest access tandem for CLEC Jointly
Provided Switched Access (InterLATA and IntraLATA IXC) traffic terminating to
and originating from the IXC Feature Group (FG) AIBID network through the
Qwest network and an additional two-way trunk group to the Qwest access
tandem for the combined Exchange Service EASt Local and Exchange Access
(IntraLATA Toll Non-IXC) traffic terminating to , originating from , and transiting
the Qwest network.
1.4.3 A one-way terminating CLEC LIS trunk group to the Qwest access tandem for
CLEC traffic destined to or through the Qwest network that combines Exchange
Service EAStLocal, Exchange Access (Intra LATA Toll Non-IXC) and Jointly
Provided Switched Access (InterLATA and IntraLATA IXC) traffic.
1.4.4 CLEC may utilize a one-way LIS trunk group to the Qwest access tandem for
Jointly Provided Switched Access (InterLATA and IntraLATA IXC) traffic
terminating to the IXC FG AIBID network through the Qwest network, and an
additional one-way trunk group to the Qwest access tandem for the combined
Exchange Service EASt Local , Exchange Access (IntraLATA Toll Non-IXC)
traffic terminating to, originating from , and transiting the Qwest network.
1.4.4.1 If CLEC orders either of the above one-way trunk options, Qwest will
return the traffic via one combined Exchange Service EASt Local, and
Exchange Access (IntraLATA Toll Non-IXC) trunk group.
1.4.To the extent Qwest combines Exchange Service (EAStLocal), Exchange
Access (IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly
Provided Switched Access (InterLATA and IntraLATA calls exchanged with a
third-party IXC) traffic on a single LIS trunk group, Qwest, at CLEC's request
will declare a percent local use factor (PLU). Such PLU(s) will be verifiable
with either call summary records utilizing Calling Party Number information for
jurisdictionalization or call detail samples. CLEC should apportion per minute of
use (MOU) charges appropriately.
Qwest assumes CLEC will be originating traffic destined for end users served by each
Qwest access tandem in the LATA, therefore , CLEC must order LlStrunking to each
Qwest access tandem in the LATA to accommodate routing of this traffic. Additionally,
when there is more than one Qwest access tandem within the LATA boundary, CLEC
must order LIS trunking to each Qwest access tandem that serves its end-user
customers' traffic to avoid call blocking. Alternatively, should CLEC accept the
conditions as outlined in the SPOP Waiver (Exhibit A), trunking will not be required to
each Qwest access tandem in a multi-access tandem LATA. Should CLEC not be
utilizing the option of interconnecting at the access tandem for local , due to low volume
of local traffic under the circumstances described in 1., CLEC needstrunking only to
each local tandem where it has a customer base. The 512 CCS rule and other direct
trunking requirements will apply for direct trunking to Qwest end offices.
April 8, 2003/lhdfTime Warner - 10
Amendment to: COS-990817-0200
Template version: Revised 1/8/03
If Direct Trunked Transport is greater than 50 miles in length, and existing facilities are
not available in either Party s network, and the Parties cannot agree as to which Party
will provide the facility, the Parties will jointly provision and construct facilities to a mid-
point of the span, each at its own cost.
CLEC will provide notification to all Co-Providers in the local calling areas of CLEC'
change in routing when CLEC chooses to route its traffic in accordance with Qwest's
SPOP interconnection trunking.
Ordering
1 SPOP in a LATA will be ordered based upon the standard ordering process for
the type of facility chosen. See the Qwest Interconnection and Resale
Resource Guide for further ordering information.
2 CLEC will issue ASRs to disconnect/new connect existing access tandem trunk
groups to convert them to SPOP trunk groups.
In addition, the ASR ordering SPOP trunks will include SPOP Remarks "Single
POP in LATA" and the SPEC Field must carry "SPOLATA.
April 8, 2003/lhdfTime Warner - 10
Amendment to: COS-990817-0200
Template version: Revised 1/8/03
EXHIBIT A
SINGLE POINT OF PRESENCE WAIVER
Qwest will waive the requirement for CLEC to connect to each Qwest Access Tandem in the
LATA with this waiver amendment.
CLEC certifies that it will not originate any traffic destined for subtending offices of Qwest's
Access Tandems for which CLEC seeks a waiver. Or, if CLEC does originate such traffic, that
CLEC will route such traffic to a Non-Qwest network. In addition, CLEC certifies that it has no
end users in the serving area of the Qwest Access Tandem for which CLEC seeks a waiver.
CLEC will send an electronic letter to Qwest indicating the Qwest access tandems subject to
this waiver at the time of ordering trunks required to implement SPOP in the LATA.
addition, CLEC will provide a revised electronic letter to Qwest advising of any changes in the
network configuration of the aforementioned access tandems. Should CLEC desire to begin
serving end users in the serving area of a Qwest access tandem currently under this waiver
CLEC must first establish trunking to the Qwest access tandem. Additionally, should CLEC
desire to originate traffic destined to a Qwest end office subtending a Qwest access tandem
currently under this waiver, CLEC must first establish trunking to the Qwest access tandem.
Should misrouted traffic occur, the Parties agree to meet within forty-five (45) days of Qwest's
identification of such misrouted traffic to discuss methods for avoiding future misrouting on that
trunk group or groups. CLEC will then have thirty (30) days from the date of meeting to correct
such misrouting on that trunk group or groups. If further misrouting occurs or continues after
that date on the same trunk group or groups as the original misrouting identified, the Parties
agree to meet again within thirty (30) days of Qwest's identification of such misrouted traffic to
discuss methods for avoiding future misrouting on that trunk group or groups. CLEC will then
have thirty (30) days from the date of meeting to correct such misrouting. If further misrouting
occurs or continues after that date on the same trunk group or groups , Qwest will consider this
waiver null and void and all requirements in Attachment 1 or in the existing Interconnection
Agreement currently in effect between the Parties will be reinstated. If the parties disagree
about whether the traffic identified by Qwest was actually misrouted , the Parties agree to avail
themselves of the dispute resolution provision of their interconnection agreement.
April 8, 2003/lhdfTime Warner -
Amendment to: COS-990817-0200
Template version: Revised 1/8/03